In the Matter of a Complaint by FINAL DECISION


Dwayne A. Braithwaite,




against Docket #FIC 87-282


Chairman, Wallingford Public Utilities Commission and Wallingford Public Utilities Commission,


Respondents, January 27, 1988


The above-captioned matter was heard as a contested case on November 4, 1987, at which time the complainant and the respondents appeared, and presented testimony, exhibits and argument on the complaint.


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


1. The respondents are public agencies within the meaning of 1-18a(a), G.S.

2. By letter dated September 1, 1987, the complainant requested a complete listing of all residential water users of the town of Wallingford.


3. The respondents failed to respond within four business days.


4. On September 30, 1987, the complainant filed his complaint with the Commission.


5. On October 8, 1987, the respondents informed the complainant that the requested records would be provided for a charge of $53.00.


6. On October 13, 1987, the complainant called an employee of the respondent and questioned the charge.


7. As a result of this conversation which had the effect of clarifying the complainant's request, the respondents increased the charge for supplying the records to more than $6,000.00.


8. The increased charges were necessary because the


Document #FIC 87-282 page two


respondents did not collect data in the form requested by the complainant, and because the type of record requested by the complainant required additional research before the computer printout could be produced.


9. It is found that the respondents are not required under 1-15 or 1-19, G.S., to perform research in order to satisfy a request for records.


10. It is found that the failure of the respondents to respond negatively to the complainant's request within four business days was a denial of his request under 1-21i(a), G.S.


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


1. Henceforth the respondents shall respond to requests for records within four business days.


Approved by order of the Freedom of Information Commission at its regular meeting of January 27, 1988.



Catherine H. Lynch

Acting Clerk of the Commission