We represent Puget Sound Energy ("PSE") in connection with the above-referenced matter. We understand that the City of Bainbridge Island (the "City") has retained D. Hittle & Associates to undertake an Electric Utility Municipalization Feasibility Study. The formation of a new City run utility would require the condemnation and hostile takeover of PSE's utility infrastructure on Bainbridge Island. PSE highly values its customer relationships on Bainbridge Island and is concerned about any factual representations that are being made regarding PSE's provision of electric service to residents of Bainbridge Island. To this end, in accordance with the state Public Records Act, RCW 42.56 et seq. (the "PRA"), we request copies of the following public records. We ask that you or whomever the City has designated as Public Records Officer, respond to this request immediately:
- Any and all documents received, reviewed, obtained, prepared or owned, within the twenty-four (months) preceding the date of this letter, by or at the request of the City discussing, analyzing, evaluating, examining or pertaining to the provision of electric service or the formation of a new City-run utility by the City.
- Any and all documents received, reviewed, obtained, prepared, used, owned, or relied upon by the City in connection with the City 's decision to retain Hittle & Associates for the provision of consulting services and the preparation of a feasibility assessment regarding a new City-run utility.
- Any and all documents provided by the City to Hittle & Associates within the twenty-four (months) preceding the date of this letter. For avoidance of doubt, this includes, but is not limited to, any and all documents provided by the Utility Advisory Committee to D. Hittle & Associates.
- Any and all documents provided by or on behalf of D. Hittle & Associates to the City within the twenty-four (months) preceding the date of this letter. For avoidance of doubt, this includes, but is not limited to, any and all documents provided by D. Hittle & Associates to the Utility Advisory Committee.
- Without limiting the generality of the foregoing, please provide any and all documents obtained, considered, prepared, reviewed, discussed, used, owned, and/or relied upon by or on behalf of the City in connection with any of the following documents:
- any feasibility study, report, summary, analysis, presentation, evaluation, or any other document prepared by D. Hittle & Associates regarding or pertaining to the provision of electric service or the City's formation of a new City-run utility;
- any revisions, drafts, updates, supplements, responses or other documents discussing, analyzing, examining or pertaining to any document referenced above; and
- any document or communication provided by the City and/or its officers, representatives, consultants or employees to D. Hittle & Associates relating to any document referenced above.
- Any and all documents pertaining to the financing of the acquisition of the PSE's electric facilities by the City, including but not limited to, any premium that a lender might attach for a start-up utility and/or for a start-up using the condemnation process to obtain assets with uncertainty about the cost or timing of the acquisition.
- Any and all documents pertaining to public opinion polls, surveys or other inquiries conducted by or on behalf of the City discussing, analyzing, examining or pertaining to support or opposition for the City's acquisition of PSE's utility infrastructure on Bainbridge Island.
- Any and all documents containing communications of any kind with any representative, officer or employee of the Bonneville Power Administration ("BPA") concerning the acquisition by the City of power and/or transmission services from BPA. For avoidance of doubt, this includes documents and communications by and between D. Hittle & Associates and BPA concerning the acquisition by the City of power and/or transmission services from BPA.
- Any and all documents received by the City from Bainbridge Island residents or organizations expressing either support or opposition to the City's acquisition of PSE's utility infrastructure on Bainbridge Island.
For the purposes of this PRA request, the following terms shall have the following meaning:
"City" means the City of Bainbridge Island and each and all of its current and former council members, officers, representatives (including, but not limited to the, each and both of the Utility Advisory Committee and the Electric Municipalization Task Force), consultants, agents and employees.
"Utility Advisory Committee" means the committee and each and all of its current and former members.
"Electric Municipalization Task Force" means the citizen task force formed by the City Manager, 1 and each and all of its current and former members.
"D. Hittle & Associates" means D. Hittle & Associates, Inc., and any and all affiliates, and each, any and all of its current and former officers, representatives, consultants, sub consultants, agents and employees.
"Document" means originals or any non-identical copies of any kind of recorded material whatsoever, including but not limited to correspondence (including email messages), records of communications, reports, studies, handwritten notes, minutes, contracts, agreements, invoices, memoranda, diagrams, data sheets or data processing cards, accounting records, inventories, calendars, diaries, and audio or video recordings. Such documents shall include any document found in electronic form located in computer or network memory, backup, disk, or tape.
We would like to first inspect the public records and then obtain copies of documents identified during the inspection. If the City needs time to collect some of the requested documents, we request inspection on a partial or installment basis of those documents that are available in advance of a complete response. RCW 42.56.080 . Please contact me at the phone number or email provided below to let us know when the first responsive documents are ready for our inspection. We will pay a reasonable charge for the copying of any identified documents.
If all or any part of this request is denied, please provide a statement citing the specific exemptions that you believe justify the refusal to release the information and a brief explanation of how that exemption applies to the particular document request. RCW 42.56.21 0(3). In addition, please note that if only portions of a document are exempt, the exempt portions should be redacted and the remainder of the record provided for our inspection and copying.
RCW 42.56.31 0(1).
As noted above, we are prepared to come to inspect these documents and, with your cooperation, arrange for copying all in accordance with the procedures for disclosure of such information by public agencies. We will do our very best to avoid any undue burdens upon or disruptions of your normal business practices, consistent with the matters outlined above and the rights afforded to us and your constituents under the PRA.
Thank you for your assistance in this matter. If you have any questions regarding this request, please contact the undersigned at (425) 635-1633 or at DSteele@perkinscoie.com.
1 Referenced at: http://www.ci. bainbridge-isl. wa.us/763/Electric-Utility-Municipalization-Project