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Public Access to
Records
Freedom of Information Law (FOIL) Procedures
The Office of the Secretary is NYPA's point of contact for
requests for access to public records made under the Freedom of Information Law. The
paragraphs below are taken from NYPA regulations (21 NYCRR Part 453) and set
forth the procedures to be followed when making such requests.
Part 453
Public Records
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 authoritys
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 authoritys 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 cashiers 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 authoritys 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.
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General Info:
Instructions for filing
FOIL requests.
Submit FOIL request
Public Access to Records: FOIL
procedures
Power Authority Subject Matter List of Records
Power Authority By-Laws
New York State Department of State
Committee on Open Government
Trustee Info:
Approved Minutes of Trustee Meetings
2007
1994 - 2006
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