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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsNovember 2015

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8 DE Admin. Code 1202
AND NOW, this 22nd day of September, 2015, in accordance with 26 Del.C. §209(a)(1) and 29 Del.C. §§10113(b) and 10003(b), for the reasons stated below, this ORDER is adopted to amend the regulations of Public Service Commission (“Commission”) setting forth the Policies and Procedures regarding requests under the Delaware Freedom of Information Act (“FOIA”).
1. On October 20, 2011, the Governor of the State of Delaware signed Executive Order Number 31 which directed each executive branch agency to implement and promulgate uniform FOIA policies in substantial compliance with the form attached to the Executive Order. In accordance with Executive Order Number 31, 26 Del.C. §209(a)(1), and 29 Del.C. §10113(b)(1), the Commission repealed its prior regulations and adopted new final regulations governing the policies and procedures regarding FOIA requests in Order No. 8082, dated December 20, 2011. These regulations were published in the Delaware Register of Regulations on January 1, 2012, and became effective ten days from the date of publication in the Delaware Register of Regulations, in accordance with 29 Del.C. §10118(g).
2. Pursuant to 78 Del. Laws, c. 382, §1, 29 Del.C. §10002 of Delaware’s FOIA statute was amended, effective August 1, 2012. As a result, certain subsections incorporated by the Commission’s regulations were renumbered.
4. Pursuant to 29 Del.C. §10113(b), regulations describing an agency’s procedures for obtaining information, nonsubstantive changes in existing regulations that correct technical errors, and amendments to existing regulations that make them consistent with changes in basic law but which do not otherwise alter the substance of the regulations are exempted from the notice and public comment requirements of 29 Del.C. Ch. 101.
5. Under the statutory authority and for the reasons set forth in the body of this Order, the Commission does hereby ORDER that the regulations attached as Exhibit “A” be, and that they hereby are, adopted and promulgated as set forth below to make certain technical corrections consistent with the amendments of 78 Del. Laws, c. 382, §1.
6. That, pursuant to 29 Del.C. §§1133 and 10115(a), the Secretary shall transmit to the Registrar of Regulations for publication in the Delaware Register of Regulations a copy of this Order.
Affected Party” means any party who has submitted Third Party Confidential Records.
Commission” means the Public Service Commission of Delaware.
FOIA” means the Freedom of Information Act as established pursuant to Title 29, Chapter 100 of the Delaware Code.
FOIA Coordinator” shall mean the person designated by the Secretary to receive and process FOIA Requests.
FOIA Request” or “Request” means a request to inspect or copy Public Records pursuant to Chapter 29, Section 10003 of the Delaware Code, and in accordance with this policy.
FOIA Request Form” means the form promulgated by the Office of the Attorney General upon which requests for Public Records may be made.
Non-Custodial Records” shall have the meaning set forth in Section 3.6.
Public Record” shall have the meaning set forth in 29 Del.C. §10002.
Requesting Party” shall mean the party filing a FOIA Request.
Secretary” means the Secretary of State.
Third Party Confidential Records” are records submitted to the Commission by a third party under a claim of confidentiality pursuant to the Commission’s Rules of Practice and Procedure, 26 DE Admin. Code §1001. Records will not be considered Third Party Confidential Records for purpose of this policy if the records were not identified and submitted as confidential in accordance with the Commission’s Rules of Practice and Procedure, 26 DE Admin. Code §1001.
3.7.1 Prior to disclosure, records may be reviewed by the Commission to ensure that those records or portions of records deemed non-public may be removed pursuant to 29 Del.C. §10002(gl) or any other applicable provision of law. In reviewing the records, all documents shall be considered Public Records unless subject to one of the exceptions set forth in 29 Del.C. §10002(gl) or any other applicable provision of law.  Nothing herein shall prohibit the Commission from disclosing or permitting access to Public Records if the Commission determines to disclose such records, except where such disclosure or access is otherwise prohibited by law or regulation.
4.1.1.1 Standard Sized, Black and White Copies: The first 20 pages of standard sized, black and white copied material shall be provided free of charge. The charge for copying standard sized, black and white Public Records for copies over and above 20 shall be $0.10 per sheet (i.e., $0.10 for a single-sided sheet, $0.20 for a double-sided sheet). This charge applies to copies on the following standard paper sizes: 8.5” x 11”; 8.5” x 14”; and 11” x 17”.
6.2 Records identified as non-public pursuant to 29 Del.C. §10002(gl) shall not be produced in response to a FOIA Request. In addition, the following procedures shall apply to requests seeking records that the Commission believes are non-public because they are Third Party Confidential Records:
Last Updated: December 31 1969 19:00:00.
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