February 12, 2010

Mr. Kipling D. Giles

Senior Counsel

Legal Services Division

CPS Energy

P.O. Box 1771

San Antonio, Texas 78296

OR2010-02185

Dear Mr. Giles:

You ask whether certain information is subject to required public disclosure under the Public Information Act (the "Act"), chapter 552 of the Government Code. Your request was assigned ID# 370362.

The City Public Service Board of the City of San Antonio d/b/a CPS Energy ("CPS") received two requests for information related to a specified request for proposal. Although CPS takes no position as to the disclosure of the submitted information, you state that it may contain confidential and proprietary information subject to exception under the Act. Accordingly, you state and provide documentation showing CPS notified Bexar Pipeline & Utilities, Inc., Strike Construction, A&L Underground, Inc., and Heartland Midwest, L.L.C. (collectively the "third parties") of the request for information and of their right to submit arguments to this office as to why the submitted information should not be released. See Gov't Code § 552.305(d); see also Open Records Decision No. 542 (1990) (statutory predecessor to section 552.305 permits governmental body to rely on interested third party to raise and explain applicability of exception in the Act in certain circumstances). We have reviewed the submitted information.

An interested third party is allowed ten business days after the date of its receipt of the governmental body's notice under section 552.305(d) to submit its reasons, if any, as to why information relating to that party should be withheld from public disclosure. See Gov't Code § 552.305(d)(2)(B). As of the date of this letter, we have not received comments from the third parties explaining why the submitted information should not be released. Therefore, we have no basis to conclude the third parties have a protected proprietary interest in the submitted information. See id. § 552.110; Open Records Decision Nos. 661 at 5-6 (1999) (to prevent disclosure of commercial or financial information, party must show by specific factual evidence, not conclusory or generalized allegations, that release of requested information would cause that party substantial competitive harm), 552 at 5 (1990) (party must establish prima facie case that information is trade secret), 542 at 3. Accordingly, CPS may not withhold the submitted information based upon the proprietary interests of the third parties. As no exceptions to disclosure have been raised, the submitted information must be released.

This letter ruling is limited to the particular information at issue in this request and limited to the facts as presented to us; therefore, this ruling must not be relied upon as a previous determination regarding any other information or any other circumstances.

This ruling triggers important deadlines regarding the rights and responsibilities of the governmental body and of the requestor. For more information concerning those rights and responsibilities, please visit our website at http://www.oag.state.tx.us/open/index_orl.php, or call the Office of the Attorney General's Open Government Hotline, toll free, at (877) 673-6839. Questions concerning the allowable charges for providing public information under the Act must be directed to the Cost Rules Administrator of the Office of the Attorney General, toll free, at (888) 672-6787.

Sincerely,

Tamara Wilcox

Assistant Attorney General

Open Records Division

TW/dls

Ref: ID# 370362

Enc. Submitted documents

c: Requestors

(w/o enclosures)

Ms. Stacie L. Schwarz

Bexas Pipeline & Utilities, Inc.

P.O. Box 201388

San Antonio, Texas 78220

(w/o enclosures)

Mr. Sam Anaya

Strike Construction

831 Crossbridge

Spring, Texas 77373

(w/o enclosures)

Mr. Scot Dietrich

A & L Underground, Inc.

9795 Kriewald Road

San Antonio, Texas 78245

(w/o enclosures)

Mr. Doug Trott

Heartland Midwest, L.L.C.

c/o Kipling D. Giles

CPS Energy

P.O. Box 1771

San Antonio, Texas 78296

(w/o enclosures)

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