‘Revised and Supplemental RTKL Log for Exemptions and Privileged Records Philadelphia Gas Works ‘OOR Dkt. No. AP 2021-0718 Email 12/15/2020 | YAWO32-033 ieee | mai ‘Substantive email Gmerck TO8(b\IOVGKA): regarding legislation Government |PGWVP, "| Sections Relations | Regulatory & | 305(a)(3) and ecw Legislative | 306 Contractor) | Affairs; Bryan | (competitively Marco, PGW | sensitive Manager, | information Regulatory & | under 2212(0)) Legislative Afairs; Gmerek Government Relations ecw Contractor) Email wth 7 | 72021 | YAWO34-048 Toint Electr & Gas Energy Greg Stunder, | Sestions ‘Attachments Legislative Committee | Astociation of | PGW VP, | 305(a)(3) and Meeting (Energy Pennsylvania | Regulatory | 306 Association of, and (competitively Pennsylvania) ~ Monday Legislative | sensitive 11/2021; Agenda and: Affairs; information related attachments Electric under 2212(0); Legislative | Seetion 102; and Gas Section Public Affairs | 708(,10)(IXA); Committee | Section Page 1 of 12(OR Dit. AP 2020-1345 Members | 7080)0 1) Email wereat | YAWOOI-002, Tnterally emailing Greg Stunder, | Bryan Marco, | 708(6) 10IXA), luplicated at legislative strategy Pow ve, ° | PGW Section ENERGY information regarding | Regulatory | Manager, __| 708(4)(10)XB); CHOICEOO1-002 | Senate Bill 275, Energy | and Regulatory & | Sections Choice Legislation. Legislative | Legislative | 305(a)3) and Afairs Affairs 306 (competitively sensitive information under 2212(0) Email vaaoat | YAWOS9-050, Energy Choise View Greg Stunder, | 7086) TOR): plicated at Legislation; email President, | PGW VP, | Sections ENERGY ‘embedded in YAWOO!- | Legislative | Regulatory | 305(a)(3) and CHOICEO34.035 | 002; ENERGY Affairs, ofa | and 306 ‘CHOICEO01-002 sending | Natural Gas | Legislative | (competitively draft language for Senator | and Electric | Affairs, and | sensitive Yaw's Senate Co- Utlty| ‘other members| information Sponsorship Memorandum of working | under 2212(0) regarding Energy Choice group of Legislation legislative affairs representatives fom Natural Gas Distribution Companies Email Vana | ENERGY Discussing legislative | Greg Stunder, | Director of | TOBDNIONDB): CHOICEO03 strategy with respect to | PGWYP, | Government | Sections Senate Bill 275 Regulatory | and Public | 305(a)(3) and and Affairs fora | 306 Legislative | Natural Gas _| (competitive Page 2 of 12(OOR Dit. AP 2020-1365 ‘Ais Distribution sensitive Company and} information member of — | under 2212(0) working group Email Wiva021 | ENERGY Discussing leis View Greg Stunder, | TOB(OKIO)OB): CHOICE036 strategy withrespect to | President, | PGWVP, | Sections Senate Bill 275 Legislative | Regulatory | 305(a)3) and Affairs, ofa | and 306 Natural Gas | Legislative | (competitively and Electric | Affairs; other | sensitive Utility members of | information working group | under 2212(0)) of legislative affairs representatives from Natural Gas Distribution ‘Companies Emails T3031 | YAWOOS-008, ‘Aviomey-Clien privileged | Raquel ‘Greg Stunder, | Section duplicated at 051-052 | communication regarding | Guzmin, Esq, | PGW VP, | 305(a)2) 2021-2022 legislative | PGW General’ | Regulatory | (attorney-client session Counsel and | and privilege); VP, Legal; | Legislative | 708(b,10){9(A); Greg Stunder, | Affairs; Sections PGWVP, | Raquel 305(a)(3) and Regulatory | Guzman, Esq., | 306 and PGW General. | (competitively Legislative | Counsel and | sensitive Affairs VP, Legal| information under 2212(0) Page 3 of 12(OR Dia. AP 2020-1345 Email with? [1715/2021 | YAWOS3.057, Email coniaining sirategy | Viee Greg Stunder, | 708(OK9}, attachments duplicated at of working group of President, — | PGW VP, "| 708(6y10)¢8); ENERGY legislative affairs Legislative | Regulatory | Sections ‘CHOICE037-041 and | representatives from Affairs, ofa | and 305(a)3) and PREEMPTIONOI3- | Natural Gas Distribution | Natural Gas | Legislative | 306 017 Companies regarding | and Flectric | Affairs; other_| (competitively Senate Bill 275, with | Utility members of | sensitive related attachments ‘working group | information ofllegislaive | under 2212(9) affairs representatives from Natural Gas Distribution ‘Companies Email with # | 12/2021 | ENERGY Toini Electio & Gas Treray ‘Greg Stunder, | Sections attachments CHOICEOS1-059 | Legislative Committee | Association of | PGW VP, | 305(a)(3) and Meeting (Energy Pennsylvania | Regulatory | 306 Association of| and (competitively Pennsylvania) - Monday, Legislative | sensitive 1725/2021, agenda and Affairs, information ‘elated attachments Electric under 2212(0); Legislative | Section 102; and Gas Section Public Affairs | 708()(10)((A); Committee | Section Members | 708(6)11) Email Tasra0a1 | YAW0GI-063, ‘Email relating fo View Greg Stunder, | 708(b)10)(1B), duplicated at legislative strategy with | President, | PGW VP, | Sections ENERGY respect to Senate Bill275 | Legislative | Regulatory | 305(a)(3) and (CHOICED60-062. Affairs, ofa | and 306 Natural Gas | Legislative | (competitively and Electric | Affairs; other | sensitive Page 4 of 12‘OOR Dk. AP 2020-1345 Tay ‘members of [information ‘working group | under 2212(0) of legislative affairs representatives from Natural Gas Distribution Compan Email with | 1729/2021 | VAWO64-070, Tint Electric & Gas Greg Stunder, | Seetions attachments duplicated at Legislative Committee PGW VP, * | 305(a)(3) and ENERGY Meeting (Energy Pennsylvania | Regulatory | 306 CHOICEO63-069 and | Association of and (competitively PREEMPTIONOI8- | Pennsylvania) - Monday, Legis sensitive 027 (018, 019, and | 2/1/2021; agenda and Affairs; {information (020 are duplicates of | related materials Electric under 2212(0); 021, 022, and 023 Legislative | Section 102; due to human erro). ‘and Gas Seetion Public Affairs | 7O8(b\10)G)(A); Committee | Section Members| 708(b)(11) Email with | | 7292021 | YAWOTI-O73, Sending drat legislative | Director of | Greg Stunder, | 708(b)(); attachment duplicated at language. Government | PGW VP, | 708(b)10)4)(8); PREEMPTIONO28- Affairs ofa | Regulatory | Sections 030 Natural Gas | and 305(@)(3) and Utility Letislaive | 306 ‘Affairs (competitively sensitive information under 2212(0) Page 5 of 2(OOR Dic. AP 2020-1345 Emails [1/19/2021- | YAWO0S-015, 019- | Sending draft legislative — | Greg Stunder, ] Greg Stunder, | TORY: 24/2021 | 023, 074-079, 090- | language and discussing | PGW VP, | PGW VP, | 708(bX10\)(B); 095, duplicated at | strategy with respect to | Regulatory | Regulatory | Sections ENERGY Senate Bill 275. and and 305(8X3) and CHOICE004-019, Legislative | Legislative | 306 070-081 Affairs, and | Affairs, and | (competitively ‘YAWO007-009, other other sensitive YAWOL3-015, Legislative, | Legislative, | information Yawo21-023, Government, | Goverment, | under 2212(0);, YAwo76.078, and Public | and Public | Seetion ‘YAW092-095, ASars Airs Speech and. i representatives | representatives | debate privilege cof Natural Gas | of Natural Gas ENERGY Uiilities Uses CHOICE) contain ‘embedded email vith Nick ‘Troutman, Senator ‘Resources and Energy Committee, Emails with | 2/2/2021 | YAWOI6-018, 088-- | Attomey-Tient privileged | Greg Stunder, | Daniel Seetion 1 attachment (089, duplicated at | communications with | PGWVP, "| Clearfield, | 305(a)(2) PREEMPTIONOS3- | outside counsel with | Regulatory | Esquire, "| (attomey-clent 055 respecttolanguage of | and Ecker privilege; Senate Bill 275, Legislative | Seamans | 708(\9): Afaies; PGW outside | 708(6,10}(18); Daniel counsel); | Sections Clearfield, _| Greg Stunder, | 305(a)3) and Page 6 of 12‘OOR Dik. AP 2020-1345 Esquire, PGWVP, [306 Eckert Regulatory | (competitively Seamans | and sensitive (PGW outside | Legislative | information counsel) Affairs under 2212(0) Email with T | 2/3/2021 | VAWO80-087 Substantive email Grmerck Greg Stunder, | TO DIOOAY, attachment ‘regarding legislation with | Government | PGW VP, | Sections ‘elated attachment, Relations | Regulatory & | 305(a\3) and row Legislative | 306 Contractor) | Affairs; Bryan | (competitively ‘Marco, PGW. | sensitive ‘Manager, | information Regulatory & | under 2212(9) Legislative Afairs; Gmerek Government Relations ecw Contractor) Email with 3 [2/5/2021 | PREEMPTIONOGI-_| Substantive email Gmerek Greg Stunder, | TORY TOMA: attachments 047 regarding Senate activity | Government | PGW VP, | Sections and proposed regulation by | Relations | Regulatory & | 305(a)(3) and Governor Wolf with ow Legislative | 306 potential to impact PGW | Contractor) | Affairs; Bryan | (competitively with attached draft Marco, PGW. | sensitive proposal letter in Manager, | information ‘opposition drafted by the Regulatory & | under 2212(0) Senate Environmental Legislative resources and Energy Atairs; Committee Gmerek Government Page 7 of 12(OR Dia. AP 2020-1345 Relations ecw Contractor) Emails 2/sa021_| ENERGY Discussing legislative | Greg Stunder, | Greg Stunder, | TORE) TONINB): CHOICEN20-021, | strategy PGWvP, "| PGW VP, | Sections 082 Regulatory & | Regulatory & | 305(a\3) and Legislative | Legislative | 306 Afairs; Affairs; (competitively Daniel Lepato, | Daniel Lapato, | sensitive Senior Senior information Director, State under 2212(0) Affairs, ‘American Gas ‘Association Email with? [2/9/2021 | VAWO096-100, ‘Sending draft legislative | Greg Stunder, TOB(DV9): attachments duplicated at language and discussing | PGW VP, 708(b\10)C(B); ENERGY strategy with related Regulatory Sections ‘CHOICEO86-090 and | attachments with respect to 305(a)(3) and PREEMPTIONO48- | Senate Bill 275 Legislative | 306 082 Affairs, and | (competitively 2#*Note that other sensitive ‘YAW096.097 Legislative, | information ‘contain embedded Government, | under 2212(0); and Public | Section 303(a}; ASfairs Speech. representatives | representatives | debate privilege ‘Troutman, Senator of Natural Gas | of Natural Gas ‘Gene Yaw's Chief Us of Staff and Executive Director Page 8 of 12(OOR Dk. AP 2020-1345 ‘of Environmental ‘Resources and Energy Committee, d ‘Yaw098-100 are ‘attachments sent by ‘Me. Troutman ‘constituting draft billlanguage (duplicated and also marked ay ENERGY, CHOICE) Emails WR ‘YAWO2-31, 101 119, duplicated at ENERGY CHOICE022-029, 091-109 ++ Note that ‘YAwo2s, YAW027- 2s, VAWOSL, Yaqwos2.094 Yawi02, VAWIOS. 0s, YAWIOT-108, YaWLI0-111 YaWILctis YAWILELI, ‘YAW122(duplicated ‘and also marked as ENERGY CHOICE) contain smbedded email sommunications ‘Sending draft legislative language and discussing strategy. Greg Stunder, PGW VP, Regulatory Affairs, and ‘other Legislative, Government, and Public Aa representatives ‘of Natural Gas Ubltes ‘Greg Stunder, PGW VP, Regulatory and Legislative Affairs, and other Legislative, Government, and Public Affairs representatives of Natural Gas Uilties TOREVO}: TO8(b\10}G(B); Sections 305(a)(3) and 306 (competitively sensitive information under 2212(0) ‘Section 30340): Speech and debate privilege Page 9 of 12(OR Dit. AP 2020-1345 Page 10 of 12‘SUPPLEMENTAL ATTESTATION IN SUPPORTOR REVISED AND SUPPLEMENT) OG Name of Requester: Charlie Spatz ‘Records Requested: {ANIL emails and attachments senveeceived by [PGW Vice President, Regulatory & Legislative Affairs) Greg Stunder” between December 1, 2020 and the processing date ofthe request containing the terms “energy choice”; “preemption”; “Yaw”; and/or “bill sponsor.” “Appeal Caption: (Charles Spats v. Philadelphia Gas Works; Docket #AP 2021-0718 4, Brett A. Zahorchak, Esq, hereby declare, pursuant to 18 Pa.C.S. § 4904, thatthe following ‘latements are true and correct based upon my personal knowledge information and belief: Exemption Log Information 1. serve asthe Open Records Office forthe Philadelphia Gas Works (“Agency”) 2. Lam responsible for responding to Right‘o-Know requests fled withthe Agency. 3. In my capacity as the Open Records Officer, Iam familiar with the records of the “Agency, 4. On April 30, 2021, 1 submitted an RTKL Log for Exemptions and Privileged ‘Records on behalf of PGW in the above-referenced appeal 5, Subsequent to my submission, Senator Gene Yaw and Nick Troutman, Senator Yaw’s Chief of Staff and Executive Director of Environmental Resources and Energy Committe, a third party whose email communications and attachments ‘were embedded in the emails identified in the RTKL Log for Exemptions and Privileged Records, requested permission to participate i the appeal, provided further information and context surrounding the embedded emails, and provided ‘additional legal arguments in opposition tothe above-referenced appeal 6 In connection with the additional information and context provided by Senator ‘Yaw and Mr. Troutman in their submission, PGW hereby submits the atached Revised and Supplemental RTKL Log for Exemptions and Privileged Records to provide greater detail regarding the nature of the records withheld from the requester. The revised and supplemental information has been set forth in bold and underlined font. 7. PGW also hereby incorporates into its April 30, 2021 submission the legal arguments set forth by Senator Yaw and Mr. Troutman for withholding the Page 11 of 12‘OR kt. AP 2020-1345 records identified in the Revised and Supplemental RTKL Log for Exemptions and Privileged Records 8. have reviewed each of the records withheld and the description of record type, record date, number of pages, the subject mater, authors ofthe record, and the recipients ofthe records as described in the preceding exemption log are true and correct, now with greater detail which will hopefully assist the Appeals Officer in his determination ofthis mater, 9. Ihave also atached hereto PGW Exhibit 9-1, constituting a Notice of the above- referenced appeal that I had sent to Mr. Troutman, but inadvertently emitted from PGW's original submission because it had been sent to him ata later date than the other notices due to the embedded nature of the communications at issue and resulting confusion surrounding the communications. we: Mey3.2001 stare, LAL AZ Brot A. Zahorchak, Beg Open Records Officer Philadelphia Gas Works Page 12 of 12Zahorchak, Brett A From: Zahorchak Brett A Sent ‘Thursday, Apil22,2021 1020 AM To: “Troutman, Nick ce Stunder, Gregory Subject: (OFFICIAL NOTICE OF APPEAL - Spatzv. Philadelphia Gas Works OOR Dit, AP 2021 Me. Troutman Philadelphia Gas Works is a public agency subject tothe PennsyWvania Right to Know Law (RTKL), Pennsytvania's open records law. PGW recently granted in part and denied in part a request that was made by a requester fr the folowing: From December 2, 2020, to the date on which the request was processed: Emails and atachments sent/received by Greg Stunder and that contain the search term “energy choice” Emails and atachmentssent/received by Greg Stunder and that contain the search term “preemption,” Email and aitachmentssent/received by Greg Stunder and that contain the search term "Yaw" and Emails and atachmentssent/received by Greg Stunder and that contain the search term “bil sponsor.” ‘The denial ofthis request has been appealed bythe requester to the Pennsyvania Office of Open Records (0OR). Yeu {are receiving notice ofthis appeal because the records requested may affect your legal or security interests a8 third Party, may contain cenfidenta, proprietary or trademarked records, or are recards ofa PGW contractor. [As required by the Ofice of Open Records, this notices being made by: (1) Providing a copy of all documents PGW ‘received in connection withthe appeal attached); and (2) hereby advising you that interested persons may requestto participate in this appeal by contacting the Appeals Ofier assigned to this case (see 65 PS. § 67.1103()). Contact Information ofthe Azpeals Officer is on page Sof the attached POF. The form to request to participate before the OOR is page 6 ofthe attached PDF. A third party's allure to participate ina RTKL appeal before the OOR may be construed asa waiver of objections regarding release of requested records. ‘Submissions inthis case are currently due on April 30,2023 Please do not hesitate to contact me to discus further. can be reached at 215-684-6647, Best regards, ‘Brett Zahorchak Bren zanrene| utah General Cour | egal Daan Phinda az Wore | I0W. Montgomery Ave | Pins, PR 9322 Prone: (5) 64 So47 [ax 2s] couse folow on aah Es ond YouTate