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Media appeals PPL ruling

A group of media outlets on Monday appealed to the state Supreme Court a Dec. 3, 2014, Commonwealth Court ruling that allows PPL and the state Public Utilities Commission to keep secret the commission's documents on the power company's handling of a 2011 Poconos snowstorm that left hundreds of thousands of customers without power for days.

"Permitting the Commonwealth Court decision to stand will have a significant detrimental impact upon Pennsylvania citizens' ability to access records relied upon by their PUC in reaching settlements with public utilities that have violated PUC regulations," the appeal argues. "The decision clearly violates the clear legislative intent for broad access. The public's interest in viewing the processes used by the PUC in such proceedings as the Legislature intended is overriding."The appeal was filed by Harrisburg attorney Craig J. Staudenmaier on behalf of the Times Leader and The Morning Call, both of which initiated the original suit, and the Times News, along with other media outlets.The lower court ruling reversed a Nov. 4, 2013, state Office of Open records decision that would have forced PPL and the PUC to release the documents. The information includes details of a PPL employee's tip to the PUC that the power company diverted crews from restoring power in a high-priority area after the Oct. 29, 2011, storm, delaying restoration of power to 1,400 PPL customers.The PUC found PPL at fault, but eventually reached a $60,000 settlement with the power company.As part of the settlement agreement, PPL would not disclose details of where the crew was sent, the locations of where the restoration was delayed when the crew was diverted, who sent them, and who benefited from the diversion.On Feb. 4, PPL spokesman Paul Wirth told the Times News the diversion was the "result of a misunderstanding that led a lower-level supervisor to make a wrong assignment for one repair crew."In the Commonwealth Court ruling, Judge Bonnie Brigance Leadbetter ruled that the information resulted from an informal PUC investigation, and fell under an exemption to the state's Right To Know Law.The Supreme Court appeal argues the Commonwealth Court erred in interpreting the Right To Know Law."The Commonwealth Court too narrowly construed (the statute) and impermissibly attempted to limit the statute by substituting the term 'commissioners,' where the statute clearly provided for the entire commission," the appeal argues."Records relied upon by the (PUC) as a whole in reaching a settlement are required to be made 'part of the public record' and are required to be released publicly," it argues.The court further erred in applying Right To Know exemptions in its analysis of the availability of the records requested, the appeal argues."The court's decision directly contradicts an earlier (case heard before all of the judges) decision of the Commonwealth Court which established that when other statutes establish both the public nature of and means of public access to records of an agency, traditional Right To Know Law analysis is inapplicable," the appeal argues.In addition to the Wilkes-Barre Times Leader, The Morning Call of Allentown, and the Times News, other media outlets in the consortium are the Pocono Mountains Media Group, WNEP-TV, PA Media Group, PennLive/The Patriot News, the Philadelphia Media Network, The Associated Press, Lancaster Newspapers, Times Shamrock and the Reading Eagle.PPL and the PUC have until Sept. 2 to respond to the appeal.