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

Attorney General
Supreme Court Building
P. 0. Box 12548
Austin, TX. 78711
Telex 910/874-1367
Telecopler 512/475-0266
1607 Main St., Suite 1400
Dallas, TX. 75201
4824 Alberta Ave., Suite 160
El Paso, TX. 79905
S0O Dallas Ave., Suite 202
Houston, TX. 77002
806 Broadway, Suite 312
Lubbock, TX. 79401
4309 N. Tenth, Suite B
McAllen, TX. 78501
'00 Main Plaza, Suite 400
San Antonio, TX. 78205
\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

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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