In the Matter of a Complaint by FINAL DECISION


Ethan Book and New England Energy Consultants,




against Docket #FIC 86-199


Connecticut Resources Recovery Authority,


Respondent September 23, 1986


The above captioned matter was heard as a contested case on August 12, 1986, at which time the complainants and the respondent appeared and presented testimony and argument on the complaint.


After consideration of the entire record the following facts are found:


1. The respondent is a public agency within the meaning of 1-18a(a), G.S.


2. By letter dated May 26, 1986 the complainants made a request of the assistant project manager for the respondent for copies of the proposals submitted in connection with the redevelopment of the Greater Bridgeport Project.


3. By letter dated June 3, 1986 the assistant project manager denied the complainants' request on the ground that the documents were marked confidential and documents so marked are not considered public records under the Freedom of Information Act.


4. By letter filed with the Commission on July 18, 1986 the complainants appealed the denial of their request.


5. It is found that the letter of complaint to the Commission was filed beyond 30 days of the denial of the requested records.


6. It is therefore concluded that under 1-21(b), G.S., the Commission lacks jurisdiction over the complaint.


Docket #FIC 86-199 Page 2


The following order by the Commission is hereby recommended on the basis of the record concerning the above captioned complaint:


1. The complaint is hereby dismissed.


Approved by order of the Freedom of Information Commission at its special meeting of September 23, 1986.


Karen J. Haggett

Clerk of the Commission