Right to Know Policy

Information Regarding PGW's Open Records Policy

Right to Know Contact

Brett A. Zahorchak, Esquire
Vice President, Legal & Associate General Counsel
Philadelphia Gas Works
Legal Department
800 W. Montgomery Avenue
Philadelphia, PA 19122
Telephone: (215) 684-6647
Fax: (215) 684-6798
Email: pgwrtk@pgworks.com

PGW Open Records Policy

Policy No. 003-23, last updated September 6, 2018.

The Philadelphia Gas Works has adopted a policy to comply with the Commonwealth’s Act 3 of 2008, 65 P.S. §§ 67.101 et seq., commonly known as the “Right to Know Law.” With certain exceptions, members of the public have the right to inspect and/or copy such records upon request.

I. Definitions

A. Business Day

Monday through Friday during regular business hours, except those days when PGW’s offices are closed for all or part of a day due to:

  1. A federal, state, or PGW-recognized holiday;
  2. A natural or other disaster; or
  3. The request or direction of local, state, or federal law enforcement agencies or officials.
B. Open Records Officer

Any official or employee of the Philadelphia Gas Works who is officially assigned responsibility for receiving, tracking, and responding to requests for information under the Right to Know Law. The current Open Records Officer is:

Brett A. Zahorchak, Esquire
Vice President, Legal & Associate General Counsel
Philadelphia Gas Works
Legal Department
800 W. Montgomery Avenue
Philadelphia, PA 19122
Telephone: (215) 684-6647
Fax: (215) 684-6798
Email: brett.zahorchak@pgworks.com

The Philadelphia Gas Works may designate a Deputy or Secondary Open Records Officer to act in the absence of an Open Records Officer.

C. Philadelphia Gas Works (“PGW”)

A collection of assets, real and personal, owned and operated by the City of Philadelphia.

D. Public Record

Any document that satisfies the general definition of “public record” set forth in the Law and does not fall within any of the exceptions set forth therein, as the definition and exceptions are amended from time to time and as the definition and exceptions are interpreted by state, federal, and/or local courts.

E. Requestor

A person who requests a record under the Right to Know Law.

F. Right to Know Law or Open Records Law

Act 3 of 2008, 65 P.S. §§ 67.101 et seq., commonly known as the Right to Know Law (“Law”).

G. State Office of Open Records

The State Office, under the Department of Economic and Community Development, as explained in § 1310 of the Right to Know Law. The Office of Open Records shall be responsible for many duties, which include, but are not limited to, issuing advisory opinions, training agencies and public employees, assigning appeals officers to review decisions, and conducting a biannual review of fees allowed under the Law.

II. Procedure

The Law requires that PGW act upon each non-anonymous written request when such request is made in person, by mail, by facsimile, or by email. The Law does not require that PGW act upon an oral request, and PGW shall refuse to accept oral requests. Furthermore, the Law does not require that PGW act upon an anonymous request, and PGW will refuse to honor an anonymous request.

Pursuant to the Law, the State Office of Open Records has created and published on its website a statewide form that must be accepted by PGW for the filing of a request. The form is available on the Pennsylvania Office of Open Records website.

The Law sets forth various specifications for the contents of a written request. The request must contain, at a minimum, the following information:

  1. The name of the requestor;
  2. The address of the requestor; and
  3. The records being sought, described with sufficient specificity to allow PGW to ascertain which records are being requested.

Under the Law, PGW has a duty to make a good-faith effort to determine if the record or records requested are public records and to respond as promptly as possible under the circumstances existing at the time of the request. This time shall not exceed five business days from the date the request is received by the agency’s Open Records Officer.

The Law provides that either a final or interim response be provided to the requestor within five business days from the date of receipt by the agency. If the agency fails to respond within this five-day period, the Open Records Request is deemed denied.

The Law and PGW’s policy contemplate that requestors will receive a response within five business days. The Law, however, provides PGW with specific reasons that may be invoked to receive a single extension of time, which shall not exceed 30 calendar days.

If an extension is invoked and no response is provided to the requestor within the 30-day period, the Open Records Request is deemed denied. Additionally, should PGW notify the requestor that it needs more than the maximum 30-day extension, the request is deemed denied unless the requestor has agreed in writing to an extension to the date specified in the notice.

If the requestor agrees to the extension, the request shall be deemed denied on the day following the date specified in the notice if the agency has not provided a response by that date. PGW’s final response to a request will do one of the following:

  1. Grant the request;
  2. Deny the request;
  3. Grant the request in part and deny the request in part; or
  4. Grant the request and redact part of the information provided pursuant to the Law and/or other applicable federal, state, and local law.

III. Appeals of Denied Requests

If a request for access to a record is denied, in whole or in part, or deemed denied, the requestor may file an appeal with the State Office of Open Records within 15 business days of the mailing date of PGW’s denial. The appeal should state the grounds upon which the requestor asserts the items requested are public and/or financial records under the Law. The appeal shall also address any grounds stated by PGW for denying the request.

Unless the requestor agrees otherwise, the State Office of Open Records Appeals Officer shall make a final determination, which shall be mailed to the requestor and PGW within 30 days of receipt of the appeal. Should the Appeals Officer fail to issue a ruling within 30 days, the appeal is deemed denied.

Before a final determination is issued, a hearing may be held. The determination by the Appeals Officer shall be a final order.

The Appeals Officer shall provide a written explanation of the reasons for the decision to the requestor and PGW. Within 30 days of the mailing date of the final determination of the Appeals Officer, a requestor or PGW may file a petition for review or other documents as required by rule of court with the Philadelphia Court of Common Pleas.

Appeals should be directed to:

Pennsylvania Office of Open Records
555 Walnut Street, Suite 605
Harrisburg, PA 17101
Email: openrecords@pa.gov

IV. Fees and Charges

Fees for duplication of records have been established and posted by the State Office of Open Records. PGW will charge $0.25 per page for photocopies, which is consistent with the State Office of Open Records regulations.

PGW reserves the right to impose additional fees if it incurs costs for complying with a request pursuant to the Right to Know Law. Such additional fees, when charged, must be reasonable.

This includes, but is not limited to, fees for enhanced electronic access and certified copies of documents.

V. Written Policies and Regulations

A. Generally

PGW and its Open Records Officer shall retain the discretion and authority to adopt any other written policies that are consistent with the Right to Know Law and these policies, as amended from time to time, that they deem necessary or prudent. Furthermore, the policy will be deemed amended to comply with the Right to Know Law.

B. Commonwealth Public Utility Law

  1. Proprietary information, trade secrets, and competitively sensitive information. It is PGW policy to deny requests for proprietary information, trade secrets, and competitively sensitive information. See 66 P.S. § 2212(t).

  2. Customer-related information. It is PGW policy to treat customer information as confidential and not release it to third parties absent a valid subpoena or court order. See 66 Pa.C.S. § 1501 and 52 Pa. Code § 62.78, which prohibits disclosure to third parties unless the customer is contacted and fails to object.

  3. Debt-collection-related information. PGW shall not communicate with any persons other than the customer concerning the collection of the customer’s debt absent the customer’s permission, a court order, or the need to effectuate a post-judgment judicial remedy.

    Information concerning a customer’s account, account balance, amount owed, and other information related to debt collection may not be produced absent a court order or to effect a post-judgment judicial remedy.

    See the Fair Credit Extension Uniformity Act, 73 P.S. § 2270.4(b)(3).

C. Redaction of Information

PGW will not engage in redaction, refinement, or other deletion or screening measures where it would not be possible to identify or segregate all of the information that should be redacted.