Advisory Opinion 01-032
March 23, 2001; Mid-Continent Area Power Pool
Background & Issues
A newspaper reporter repeatedly requested records from the Mid-Continent Area Power Pool regarding contingency power supplies for member utilities, but the organization denied access. The reporter asked the Commissioner to determine whether the power pool is a government entity subject to state public records law and whether it properly withheld the information.
Commissioner Decision
The Commissioner concluded that the power pool is not a government entity covered by state public records law. As a result, the organization was not required to release the requested records or any other data it maintains.
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Excerpted Ruling / ConclusionBased on the facts and information provided, my opinion on the issues raised by Mr. Santin is as follows:
Pursuant to Minnesota Statutes, Chapter 13, the Mid-Continent Area Power Pool (MAPP) is not a government entity subject to regulation under Minnesota Statutes, Chapter 13, and as such, is not obligated to provide access to data related to the formulation of its emergency operating guidelines, or to any data it maintains.
March 23, 2001; Mid-Continent Area Power Pool
3/23/2001 10:14:43 AM
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data Practices Act. It is based on the facts and information available to the Commissioner as described below.
Facts and Procedural History:For purposes of simplification, the information presented by the person who requested this opinion and the response from the government entity with which the person disagrees are presented in summary form. Copies of the complete submissions are on file at the offices of IPA and, except for any data classified as not public, are available for public access. On February 8, 2001, IPA received a letter from Aldo Santin, a reporter for the Winnipeg Free Press, a newspaper published at Winnipeg, Manitoba, Canada. In this letter, Mr. Santin asked the Commissioner to issue an advisory opinion regarding his right to gain access to certain data maintained by the Mid-Continent Area Power Pool (MAPP), headquartered in St. Paul, Minnesota. In response to Mr. Santin's request, IPA, on behalf of the Commissioner, wrote to Robert Harris, Chair of MAPP. The purposes of this letter, dated February 14, 2001, were to inform him of Mr. Santin's request and to ask him to provide information or support for MAPP's position. On February 20, 2001, IPA received a response from Roger C. Miller, attorney for MAPP. A summary of the facts of this matter follows. On numerous occasions, Mr. Santin requested access to data maintained by MAPP regarding the provision of power to member utilities in the event of a contingency - loss of generation - within any member utilities. MAPP denied his requests. In his response to the Commissioner, Mr. Miller stated that MAPP is not a government entity for purposes of Minnesota Statutes, Chapter 13, the Minnesota Government Data Practices Act, and therefore was not obligated to provide Mr. Santin with access to the data he requested. Mr. Miller stated: MAPP is a voluntary unincorporated association of electric utilities and power marketers under the Restated Mid-Continent Power Poll Agreement, as amended. It is a regional reliability pool, regional transmission group and an energy market. Its members are private corporations, cooperatives, power marketers, public power districts, municipal power agencies, municipal utilities, the Western Area Power Administration, and Manitoba Hydro. MAPP is not a political subdivision, a state agency, nor a statewide system under [Minnesota Statutes, Chapter 13.] Issues:In his request for an opinion, Mr. Santin asked the Commissioner to address the following issues:
Discussion:Pursuant to Minnesota Statutes, section 13.01, subdivision 3, the Minnesota Government Data Practices Act regulates the collection, creation, storage, maintenance, dissemination, and access to government data in state agencies, statewide systems, and political subdivisions. In addition, Chapter 13 applies when a government entity enters into a contract with a private person to perform any of its functions (see section 13.05, subdivision 11.) Further, under certain circumstances, corporations formed by government entities are subject to Chapter 13 regulation (see sections 465.717 and 465.719.) However, none of these applies to MAPP, which is an unincorporated voluntary association of government and non-government entities. Accordingly, MAPP is not subject to Chapter 13, and is not obligated to provide public access to the data it maintains. Opinion:Based on the facts and information provided, my opinion on the issues raised by Mr. Santin is as follows:
Signed:
David F. Fisher
Dated: March 23, 2001
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