The state Freedom of Information has released a proposed decision that blasts the Public Utility Control Authority for dragging its feet on an industry request for public records and is recommending that former chairman Marissa Gillett be fined $1,000.
The recommended decision, which could be changed, finds that PURA failed in a variety of ways to conduct a “reasonable and diligent” search for a substantial number of internal policy directives, emails and other records requested a year ago by Eversource subsidiary Connecticut Light and Power.
Eversource sought the records to support a challenge it planned to bring in court of what the company called irregular and potentially illegal PURA policies that were resulting in flawed regulatory decisions.
Major CT law firm hired by state to investigate PURA staff. It comes amid long-running controversy
The Freedom of Information Commission’s proposed decision was sharply critical of PURA General Counsel Scott Muska, who was described as controlling the records search and choosing not to share all details of what was being sought with others.
Among other things, the commission said Muska chose not to seek assistance from colleagues who might have knowledge of the requested records, failed to seek assistance from information technology experts and failed to search the electronic devices, such as cell phones, of PURA employees known to use personal phones for work-related business.
“As already found in paragraphs 20 through 35 above, several of Attorney Muska’s decisions in responding to the request …were not reasonable,” the proposed decision said. “It is found that such decisions were made without any basis in law or fact.”
The proposed decision concludes that the Eversource “right to prompt access to public records” was denied “without reasonable grounds.”
The commission has scheduled a hearing on December 17 at which parties to the complaint will have an opportunity to argue about the terms. If the decision were upheld, the commission said PURA would be required “to commence a diligent search for all records responsive to the request” and that the search be supervised by someone other than Muska.
PURA did not immediately respond to questions about the decision.
The criticism of PURA’s republic record response is the latest in a string of adverse decisions to hit the authority in recent weeks. Gillett resigned under pressure, a top legislator has called for an investigation of PURA operations and a Superior Court judge affirmed the complaints Eversource was seeking to buttress with its records request.
Superior Court Judge Matthew Budzik ruled late last month in a related case that PURA, under Gillett’s leadership, broke laws, deviated from accepted procedure, interfered with utility appeal rights, illegally froze fellow commissioners out of the rate setting process and then violated public record laws to conceal the fact that she was making what amounted to illegal, and unilateral decisions on the rate cases.