Open Records Decision No. 312
April 13, 1982

	Re:  Availability under the Open Records Act of documents pertaining to LCRA's 
plans for future lignite mining activities

Mr. Elof H. Soderberg
General Manager
Lower Colorado River Authority
P. O. Box 220
Austin, Texas  78767

Dear Mr. Soderberg:

	You have requested our decision under the Open Records Act, article 6252-17a, 
V.T.C.S., as to whether the Lower Colorado River Authority (hereinafter LCRA) may:

withhold certain reports, studies, evaluations, etc., pertaining to 
geological information relating to certain properties held by LCRA 
and other properties to be acquired in the future by LCRA.

In your letter to this office, you state:

	Briefly, LCRA has current plans to construct and operate 
lignite-fired electrical generating stations in the future because of 
the favorable economics involved to the consumer as opposed to 
natural gas or western coal fueled power plants.  LCRA has actively 
pursued certain lignite leasing arrangements and, in conjunction 
with this activity, has instituted the necessary technical studies in 
order to properly evaluate on a geological basis properties currently 
under lease and other properties which LCRA might deem necessary 
to arrive at a feasible mine plan.

	All of the studies, reports, evaluations, etc., sought by the 
requestor involve geological data that the LCRA does not desire to 
divulge at this time.  The information contained in those documents 
is clearly geological information which, in the opinion of LCRA, 
falls within the scope of protected information under section 
3(a)(13) of the Texas Open Records Act.  Furthermore, since much 
of the needed lignite property has not been fully acquired by LCRA, 
to divulge the information contained in these documents would 
clearly afford LCRA's competitors an unfair advantage in evaluating 
these properties (at LCRA's expense) and thereby jeopardize 
LCRA's ability to obtain these properties.  Accordingly, LCRA is 
also of the opinion that much of these materials fall within the 
exception of section 3(a)(4) of the Texas Open Records Act.

	Please be advised that much of the materials in question here 
will be filed with the Texas Railroad Commission at such time 
LCRA actively pursues a surface mining permit from that state 
agency.  LCRA is fully aware that in that event, the geological 
materials excepted under section 3(a)(13) will then be subject to 
disclosure . . . .

	Section 3(a)(4) of the Open Records Act excepts from required public disclosure:

information which, if released, would give advantage to competitors 
or bidders.

	Section 3(a)(13) excepts:

geological and geophysical information and data including maps 
concerning wells, except information filed in connection with an 
application or proceeding before any agency.

	This office has never before dealt with section 3(a)(13), and therefore has never 
had occasion to attempt to determine the precise reach of the section.  In our opinion, 
however, the present situation does not call for such an analysis.  We have examined the 
materials in question, and we are of the opinion that, with very few exceptions, the 
information contained therein would be characterized as “geological and geophysical 
information and data” under any reasonable reading of the section.  The small portion of 
these materials which arguably does not technically qualify as geological or geophysical 
information is so inextricably intertwined with the remainder, moreover, that we believe 
that separation would not only be impractical, but that it would produce information 
which, devoid of any context, would be meaningless.  We therefore conclude that you 
may withhold these materials, in their entirety, under section 3(a)(13).

	Our conclusion regarding the application of section 3(a)(13) renders unnecessary 
a decision as to whether section 3(a)(4) or any other exception would also apply in this 
instance.

Very truly yours,

Mark White
Attorney General of Texas

John W. Fainter, Jr.
First Assistant Attorney General

Richard E. Gray III
Executive Assistant Attorney General

Prepared by Jon Bible
Assistant Attorney General

APPROVED:
OPINION COMMITTEE

Susan L. Garrison, Chairman
Jon Bible
Rick Gilpin
Patricia Hinojosa
Jim Moellinger
Bruce Youngblood