Public Utility Commission of Texas Asserts Attorney-Client Privilege in Complaint Case

Strategic Insights -

The Public Utility Commission of Texas, in a document dated October 9, 2023, has asserted the attorney-client privilege in a complaint case against Undine SS Development, LLC. Commission Staff produced responsive documents to Complainants' Requests for Information, which were sent via a password-protected flash drive. The documents were properly labeled and bate-stamped in compliance with the Protective Order issued in this matter. Commission Staff asserts that the protected materials do not include documents or information that is public knowledge or contained in public files of the Commission or other federal or state agencies.

Key Takeaways:

  • Commission Staff produced responsive documents to Complainants' Requests for Information in a complaint case against Undine SS Development, LLC.
  • The documents were sent via a password-protected flash drive and were properly labeled and bate-stamped in compliance with the Protective Order.
  • Commission Staff asserted the attorney-client privilege, citing Government Code Section 552.107, which protects information that is protected under the attorney-client privilege.
  • The documents contain communications between Commission Staff and Commission Staff attorneys regarding the status of complaint case, mental impressions about how to respond to various issues in the complaint case, and advice and recommendations regarding the complaint case.
  • Commission Staff also asserted the deliberative process privilege, citing Government Code Section 552.111, which protects intra-agency and interagency communications consisting of advice, opinion, or recommendations on policymaking matters.
  • The documents contain work product, as defined by Texas Rule of Civil Procedure 192.5, which includes materials prepared or mental impressions developed in anticipation of litigation or for trial.
  • Commission Staff's certification for the produced documents asserts that the protected materials do not include documents or information that is public knowledge or contained in public files of the Commission or other federal or state agencies.

Statistics:

  • 11 requests for Information were made by Complainants (Requests for Information to Staff Nos. 1-11, 1-12, and 1-13).
  • 53373 is the Control Number for the document filed by Commission Staff.
  • 121 is the Item Number for the document filed by Commission Staff.
  • 473-23-10572 is the SOAH Docket Number for the complaint case.

Sources:

  • Public Utility Commission of Texas, Filing Date - 2023-10-09, Control Number - 53373
  • Government Code Section 552.107, 552.111
  • Open Records Decision No. 676, 615
  • City of Garland v. Dallas Morning News, 22 S.W.3d 351
  • Lett v. Klein Indep. Sch. Dist., 911 S.W.2d 455
  • Tex. Dep't of Pub. Safety v. Gilbreath, 842 S.W.2d 408
  • TEX. R. EVID. 503(b)(1)