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Internal records of climate advocates withheld by PGW, Judge upholds First Amendment as grounds for the decision.

Pennsylvania General Electric (PGW) sought access to emails, text messages, and internal memos from climate groups engaged in its regulatory proceedings. The Public Utility Commission (PUC) determined this attempt would infringe upon the First Amendment rights.

Judge rejects PGW's internal records access concerning climate activists, based on First Amendment...
Judge rejects PGW's internal records access concerning climate activists, based on First Amendment free speech protection.

Internal records of climate advocates withheld by PGW, Judge upholds First Amendment as grounds for the decision.

In a significant decision, the Pennsylvania Public Utility Commission (PUC) has ruled that Philadelphia Gas Works (PGW) is not entitled to access internal communications from a coalition of climate advocacy groups involved in PGW's rate hike proposal case. This decision protects the privacy of groups like the Energy Justice Advocates, who have intervened in the case opposing PGW's proposed rate hike and business model changes related to climate issues.

The ruling comes as PGW has proposed a significant increase in the average residential customer's monthly bills, by about $12, from $92.60 to $104.61. Additionally, PGW has requested new billing surcharges such as "weather normalization" and "revenue normalization." The Energy Justice Advocates, who oppose these changes, emphasize the importance of long-term climate considerations in the PUC's decision-making process.

The PUC's Administrative Law Judge Eranda Vero wrote in her order that the ability to have free and candid internal discussions on sensitive topics is essential to the effective exercise of First Amendment-protected rights to free association and free expression. The utility's requests for internal communications from the Energy Justice Advocates were argued to violate these rights.

Devin McDougall, supervising senior attorney at Earthjustice who represents the Energy Justice Advocates, stated that the decision will help protect community groups in future Commission proceedings from unconstitutional and intrusive discovery by utilities. McDougall also noted that the Commission benefits from the participation of public interest organizations in rate cases, as they can bring a variety of different perspectives and expertise to the table.

The coalition, which includes POWER Interfaith, Sierra Club, Physicians for Social Responsibility Pennsylvania, Clean Air Council, Vote Solar, PennEnvironment, and the Pennsylvania Public Interest Research Group, has asked the PUC to reject PGW's proposed 13% rate hike and order the gas provider to adjust its business model to address its role in the growing climate crisis. The coalition also opposes "revenue normalization."

In response to the ruling, a spokesperson for PGW had no comment. However, PGW has previously argued that its requests were reasonable and that it was seeking facts behind the Energy Justice Advocates' public statements and court filings. The utility has also asked for changes to their revenue model that will essentially break the link between their sales of gas and their revenue.

This decision sets a precedent for future rate-making cases, as it reinforces the role of public interest organizations in providing a critical perspective without fear of intrusive information requests from the utility involved. The Energy Justice Advocates and their supporters view this as a significant victory in the ongoing fight for climate justice and transparent utility regulation.

[1] Earthjustice. (2023, March 15). Pennsylvania Utility Commission Protects Climate Advocacy Group's Internal Communications from Utility Scrutiny. Retrieved from https://earthjustice.org/news/press/2023/pennsylvania-utility-commission-protects-climate-advocacy-group-s-internal-communications-from-utility-scrutiny [3] Pennsylvania Public Utility Commission. (2023, March 15). Order Denying Access to Internal Communications. Retrieved from https://www.puc.pa.gov/-/media/Files/Commissions/PUC/Documents/Orders/2023/03/15/23-PA-405.pdf?la=en

  1. The ruling by the Pennsylvania Public Utility Commission (PUC) in the Philadelphia Gas Works (PGW) rate hike proposal case underscores the significance of environmental science in policy-and-legislation, as the PUC protects the privacy of climate advocacy groups like Energy Justice Advocates, who bring expertise and unique perspectives to the table.
  2. The coalition of climate advocacy groups, including POWER Interfaith, Sierra Club, Physicians for Social Responsibility Pennsylvania, Clean Air Council, Vote Solar, PennEnvironment, and the Pennsylvania Public Interest Research Group, is actively engaged in advocating for science-based climate-change policies, pressing PGW to adjust its business model to address its role in the growing climate crisis.
  3. The outcome of this case, where the PUC upheld the privacy of a climate advocacy group in the face of a utility's information request, is a testament to the role of general-news media and public interest in shaping the political landscape, as it raises awareness about the importance of transparency in utility regulation and the need for more science-based climate policies.

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