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14 EXHIBIT 1
15 CALIFORNIA PUBLIC RECORDS ACT REQUEST FOR RECORDS July 25, 2017 Attorney General s Office Public Records Coordinator P.O. Box Sacramento, CA Via publicrecords@doj.ca.gov Re: Certain records related to OAG interactions with climate accountability activists Dear Public Records Coordinator: Pursuant to the California Government Code 6250 et. seq., on behalf of the Energy & Environment Legal Institute and California resident and journalist Katy Grimes, we request copies within 10 business days, copies of any correspondence dated between February 1, 2017 and the date you process this request, a) which correspondence was sent from or to (including also as cc: or bcc:) Attorney General Becerra at any address 1, or members of the Executive Unit of the Attorney General s Office (including also as cc: or bcc:) and b) which correspondence is also to or from (including also as cc: or bcc:), or which uses or mentions, any of the following individuals, entities, or domains: 1) Richard Graves 2) Matthew Palevsky 3) Tom Matzzie 4) Ethical Electric 1 The keywords and parties ensure that any responsive correspondence is presumptively work-related and thereby subject to disclosure under CPRA, regardless of the account used. See also below. Energy & Environment Legal Institute 1350 Beverly Rd., Suite McClean, VA 22101
16 5) Brian Arbogast 6) Lee Wasserman 7) RL Miller 8) Stephen Heintz 9) Erin Suhr (an employee of Fahr LLC) 10) Pawa (including but not limited to mentioning in, e.g., 11) Frumhoff (including but not limited to mentioning in, e.g., 12) Any address that We request entire /text threads of which any record responsive to any of these requests is part, regardless whether those other portions of the thread extend to before the start date of the search parameter described, above. Because such records, electronic correspondence, are likely most easily produced in electronic form, to minimize effort and costs, we request that the Office consider producing records in electronic form. We note that the California Supreme Court ruled on March 2, 2017 in City of San Jose v. Superior Court, that non-governmental accounts used to conduct public business are subject to the California Public Records Act. The Supreme Court quoted Sander v. State Bar of California, 58 Cal.4th 300, 323, for the proposition that there is a presumptive right of access by the public to any record created or maintained by a public agency that relates in any way to the business of the public agency. (emphasis added). As such, your Office is required to search for, or require its employees to search for, responsive records which may be held on nongovernmental accounts. Energy & Environment Legal Institute 1350 Beverly Rd., Suite McClean, VA 22101
17 E&E Legal is a non-profit public policy and/or legal institute organized under section 501(c)3 of the tax code with research, legal, investigative journalism and publication functions, as well as transparency initiatives seeking public records relating to environmental and energy policy and how policymakers use public resources, all of which include broad dissemination of public information obtained under open records and freedom of information laws. Ms. Grimes is an investigative journalist based in California. Because we are aware that California Government Code Code allows the Office to recoup its actual costs incurred complying with requests for copies of electronic records, we expressly authorize in advance charges up to $200.00, and will promptly provide a check in that amount upon request, so any reasonable cost estimate should cause no delay. Should additional funds be required to process this request, we request that you notify us and itemize all expenses for which you demand payment. We look forward to your prompt response. Regards, Craig Richardson President E&E Legal Katy Grimes Senior Correspondent The Flash Report Energy & Environment Legal Institute 1350 Beverly Rd., Suite McClean, VA 22101
18 EXHIBIT 2
19 XAVIER BECERRA Attorney General State of California DEPARTMENT OF JUSTICE 455 GOLDEN GATE AVENUE, SUITE SAN FRANCISCO, CA Public: (415) Telephone: (415) Facsimile: (415) August 4, 2017 VIA ELECTRONIC MAIL Craig Richardson President E&E Legal Katy Grimes Senior Correspondent The Flash Report RE: July 25, 2017, Public Records Act Request Dear Mr. Richardson and Ms. Grimes: This letter is in response to your letter dated August 4, 2017, in which you sought various records pursuant to the Public Records Act as set forth in Government Code section 6250 et seq. Specifically, you requested: copies of any correspondence dated between February 1, 2017 and the date you process this request, a) which correspondence was sent from or to (including also as cc: or bcc:) Attorney General Becerra at any address, or members of the Executive Unit of the Attorney General s Office (including also as cc: or bcc:) and b) which correspondence is also to or from (including also as cc: or bcc:), or which uses or mentions, any of the following individuals, entities, or domains: 1) Richard Graves 2) Matthew Palevsky 3) Tom Matzzie 4) Ethical Electric 5) Brian Arbogast 6) Lee Wasserman 7) RL Miller
20 August 4, 2017 Page 2 8) Stephen Heintz 9) Erin Suhr (an employee of Fahr LLC) 10) Pawa (including but not limited to mentioning in, e.g., mp@pawalaw.com) 11) Frumhoff (including but not limited to mentioning in, e.g., PFrumhoff@ucsusa.org) 12) Any address that Your request is for records from February 1, 2017 through the present. For the reasons set forth below, we are extending the time to respond to your request to August 18, Agencies are permitted to extend the date for responding to a public records request for fourteen days beyond the original 10 day deadline for responding under specified circumstances, which may be summarized as follows: (1) The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request; (2) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request; and (3) The need for consultation, which shall be conducted with all practicable speed,... among two or more components of the agency having substantial subject matter interest therein. (Gov. Code, 6253, subd. (c).) In this instance, an extension is needed to search for, collect, and appropriately examine a voluminous amount of separate and distinct records, and the need to consult two or more components of the agency having substantial subject matter interests. As your request was received by this office on July 25, 2017, the time established for the original response is August 4, Fourteen days beyond this date is August 18, Sincerely, PETER H. CHANG Deputy Attorney General For XAVIER BECERRA Attorney General
21 EXHIBIT 3
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