Freedom of Information Law (FOIL) Procedures
FREEDOM OF INFORMATION LAW (FOIL) PROCEDURES
The paragraphs below are taken from NYPA regulations (21 NYCRR Part 453). They describe the procedures for making a Freedom of Information Law request.
Section 453.1 Public records. (a) The public records of the Power Authority of the State of New York, which are required to be made available under article 6 of the New York Public Officers Law, shall be available for inspection and copying upon written request, reasonable describing the record or records sought, during the times provided in this Part at the authority’s office at 123 Main Street, White Plains, NY 10601.
453.2 Procedures. (a) A request for inspection or copying of a public record of the authority shall be made to the secretary of the authority in writing, and shall contain sufficient information to identify the particular record sought, including, if possible, information regarding the date, file designation or other information describing record sought. Any request shall be made either:
(1) in person during regular business hours at the authority’s office at 123 Main Street, White Plains, NY 10601; or
(2) by mailing such request, postage prepaid, to the Secretary, Power Authority of the State of New York, at the aforesaid address.
(b) (1) Upon receipt of a written request for a record reasonably described, the secretary shall promptly determine whether or not the record requested is required to be made available under the provisions of article 6 of the New York Public Officers Law and will, within five business days of the receipt of such request, either:
(i) make such record available to the person requesting it by notifying such person where and when the record may be inspected and copied;
(ii) deny such request in writing; or
(iii) furnish a written acknowledgment of the receipt of such request and a statement of the approximate date when such request will be granted or denied, including, where appropriate, a statement that access to the record will be determined in accordance with the procedure prescribed in section 89(5) of the New York Public Officers Law regarding trade secrets.
(2) If access to records is neither granted nor denied within 10 business days after the date of acknowledgment of receipt of request, the request may be construed as a denial of access that may be appealed.
(c) Trade secrets. (1) Records or portions of records constituting trade secrets shall be so designated by the authority and shall be filed or maintained in secure facilities of the authority to which access is limited. Records or portions of records constituting trade secrets shall be made available for inspection and study to the trustees, the president, counsel, the officers and department heads of the authority and their designees.
(2) A person acting pursuant to law or regulation who, on or after January 1, 1982, submits any record to the authority may, at the time of submission, request that the authority, in accordance with the provisions of section 89(5) of the New York Public Officers Law, designate such record or any portion thereof as a trade secret and except such information from public disclosure under section 87(d)(2) of such law. Any such request shall identify in writing the record or part thereof alleged to be a trade secret and state reasons why such record or portion thereof should be excepted from public disclosure. Within 15 business days of receipt of a written request for an exception, the authority will either grant or deny such request in writing.
(d) (1) Records required to be made available for public inspection will be photocopied by the authority if practicable and the person requesting a copy will be charged a fee of $.25 per page for copies not exceeding 9 x 14 inches, or the actual cost of reproducing such records if larger copies are required. If it is not practicable for the authority to photocopy any such record, it will be copied commercially and the person requesting the copy will be charged a fee equal to the cost of such commercial reproduction.
(2) Upon payment of, or offer to pay, the fee determined by the authority for copying a record required to be made available for public inspection, the authority will provide a copy of such record and the secretary will certify to the correctness of such copy if so requested in writing, or, as the case may be, shall certify that the authority does not have possession of such record or that such record cannot be found after diligent search.
(3) Any fee charged by the authority pursuant to this Part shall be paid by the person making the request in cash, certified check or bank cashier’s check, in advance of the delivery of copies of any record referred to in this Part.
(e) Any person who is denied access to a public record of the authority by the secretary of the authority may, within 30 days of such denial, file an appeal from such denial with the authority’s general counsel. Appeals pursuant to this subdivision shall be decided by the general counsel. If an appeal is denied, the reasons therefore shall be explained fully in writing to the person requesting the record within 10 business days of the date on which such appeal is received by the general counsel. The general counsel will forward to the Committee on Open Government a copy of such appeal and the determination thereon.
123 Main Street, 15-M
White Plains, NY 10601
New York Power Authority
123 Main Street
White Plains, NY 10601