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1982-1986 Texas Attorney General Reports and Opinions 1 (1982-1986)

handle is hein.sag/sagtx0029 and id is 1 raw text is: The Attorney General of Texas January 12, 1982 MARK WHITE Attorney General Supreme Court Building P. 0. Box 12548 Austin, TX. 78711 512/475-2501 Telex 910/874-1367 Telecopler 512/475-0266 1607 Main St., Suite 1400 Dallas, TX. 75201 214/742-8944 4824 Alberta Ave., Suite 160 El Paso, TX. 79905 915/533-3484 S0O Dallas Ave., Suite 202 Houston, TX. 77002 713/650-0666 806 Broadway, Suite 312 Lubbock, TX. 79401 806/747-5238 4309 N. Tenth, Suite B McAllen, TX. 78501 512/682-4547 '00 Main Plaza, Suite 400 San Antonio, TX. 78205 512/225-4191 \n Equal Opportunityl Affirmative Action Employer Mr. Allen H. King General Counsel Public Utility Commission 7800 Shoal Creek Boulevard Austin, Texas 78757 Won Records Decision No. 301 Re: Public disclosure of Public Utility Commission staff workpapers during hearing Dear Mr. King: You have requested our decision under the Open Records Act, article 6252-17a, V.T.C.S., as to the availability of the working papers of staff accountants of the Public Utilities Commission during a rate increase hearing. You indicate that on June 15, 1981, Southwestern Bell filed an application for rate increase with the Public Utilities Commission. Although the hearing has now been completed, a final order regarding the rate increase is not expected before late December. The material being sought here consists of the work papers of staff accountants of the Commission. They were prepared specifically in contemplation of the hearing before the Commission regarding the request for rate increase. You suggest that this information is excepted from disclosure by sections 3(a)(1), 3(a)(3) and 3(a)(11) of the Open Records Act. Section 3(a)(3) excepts: information relating to litigation of a criminal or civil nature and settlement negotiations, to which the state or political subdivision is, or may be, a party, or to which an officer or employee of the state or political subdivision, as a consequence of his office or employment, is or may be a party, that the attorney general or the respective attorneys of the various political subdivisions has determined should be withheld from public inspection. The Open Records Act does not define litigation. However, the section 3(a)(3) exception was designed to protect the interests of the state in adversary proceedings or in negotiations leading to the settlement thereof, and we have no doubt that litigation encompasses

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