How does the Energy Commission determine which records are exempt?
Records become exempt in three ways at the Energy Commission: • The PRA promotes disclosure of public records, but a law may make a certain type of record exempt from disclosure. If the California legislature passes a law that exempts certain types of records from disclosure (like the trade secrets example above), then the Energy Commission will treat those types of records as exempt from disclosure. (See California Government Code Section 6254, et seq.) • Records that fall within the Public Interest Exemption (PIE). PIE is a statute that allows the Energy Commission to withhold a record that otherwise would be disclosed. In order for the Energy Commission to withhold a record using the PIE, the Energy Commission must demonstrate that the public’s interest in nondisclosure clearly outweighs the public’s interest in disclosure (See California Government Code Section 6255.). • The application process discussed above. Third parties may apply to the Energy Commission and request the record
