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News groups ask high court to open PPL storm fine records

HARRISBURG, Pa. (AP) - A group of Pennsylvania news organizations asked the state Supreme Court on Wednesday to overturn a ruling that bars public access to records about PPL's response to a major power outage in October 2011.

A lawyer for the news companies said at a hearing before the five-member court that the state Public Utility Code authorizes the release of the records. Lawyers for PPL and the Public Utility Commission rejected that argument and contended the state Right-to-Know Law blocks the records from disclosure.

At issue are records including an anonymous letter from a PPL employee that said a crew restoring power in a high priority area was diverted to a lower priority area during the snowstorm, which cut power to about 388,000 customers, including more than 131,000 who were without electricity for more than 24 hours.

PPL, which provides electricity for 1.4 million customers in eastern and central Pennsylvania, settled the case with the PUC and paid a $60,000 fine. But details of the commission's informal investigation remain confidential.

The Morning Call of Allentown and the Wilkes-Barre Times Leader separately sought PUC records involving the case under the Right-to-Know Law in 2013, but were turned down under an exception for noncriminal investigations. On appeal, the state Office of Open Records ordered that the records be released under the broader authority of the Public Utility Code.

A Commonwealth Court panel overturned that ruling late last year, concluding both laws support the PUC's decision to withhold the records. The Commonwealth Court decision was appealed to the high court.

Craig Staudenmaier, representing the news media coalition, said at Wednesday's hearing that the Legislature intended to maximize public access to records of the PUC and the public utilities it regulates when it amended the utility code two decades ago so that citizens could "see how the whole process works."

"We are talking about a public utility commission and public utilities," he told the court.

PUC attorney Steven Bainbridge defended the commission's refusal to turn over the records, noting that the five commissioners did not rely upon the tip letter or the other records being sought when they unanimously approving the settlement - a major point in the Commonwealth Court decision.

The Associated Press is among other news organizations joining in the case: Calkins Media Inc., Lancaster Newspapers Inc., PA Media Group, Philadelphia Media Network LLC, Pocono Mountains Media Group, Reading Eagle Company and Times News LLC.