Transparent Government is an Oxymoron

An open records request was submitted to the City of Georgetown on July 9, 2015 requesting a copy of the contract between the City and SunEdison for the purchase of solar generated electricity.  The City has tentatively denied that request saying that the contract contains "competitive information" that is allowed to remain secret under Texas law.  An appeal has been submitted to the Texas Attorney General who has final authority over open records requests.  A copy of the appeal follows and now we wait for the Attorney General's decision.

July 31, 2015

Office of the Attorney General

Attention:  Open Records Division

P.O. Box 12548

Austin, Tx  78711-2548

Re:  Open Records Request from City of Georgetown: G001402-070915

Dear Sir or Madam:

The following request to the City of Georgetown was made on July 9, 2015 by the undersigned:

Please provide a copy of the 25-year contract between Georgetown and SunEdison to purchase 150 megawatts of capacity produced by a 600,000 panel photo-voltaic array to be constructed in West Texas. This contract was announced to the public in March 2015.

The City has indicated they are denying my request based on Texas Government Code paragraph 552.133(a1) relating to competitive matters.

Since the requested contract is for a span of 25 years, it is not a competitive matter for the City as they will not be bidding the contract for 25 years.  I am sure SunEdison would argue that the information in the contract is competitive information as they seek to secure other contracts.  I firmly believe the needs of the public override the needs of  any private company to keep all of the contract hidden from the public.  Furthermore, the terms and conditions in Georgetown's contract are not necessarily the terms that SunEdison would include in another bid.  Their bid would include many factors that change over time and would be different from those included in Georgetown's contract.  Technology is advancing at a significant rate in all segments of electric power, including solar cell manufacturing, rectification and energy storage to name a few.  These developments would  make trade secrets in the contract irrelevant over time as new technology is adopted.

As a ratepayer and taxpayer of Georgetown, I believe I am entitled to know the following:

What is the price Georgetown will be paying SunEdison and how does it potentially impact my personal electric rates?.

What are the conditions that allow price increases to Georgetown?

What is the minimum and maximum delivery of electricity in megawatts specified in the contract?

What are the risks to the city for non-performance by SunEdison and what are the corrective actions?

What are the terms and conditions that govern the time when cloud cover prevents SunEdison from providing the required electricity.  The City estimates 2% of the time renewables will not provide the required electricity.  That is 175 hours or 7.3 days per year.

Does the contract allow the sale or assignment of  the contract with Georgetown to another entity and what are the risks associated with that?

What are the risks and consequences to Georgetown if the Federal Energy Credits are not renewed next year?

           

Georgetown has stated it will  have the ability to purchase electricity from ERCOT using green energy credits when the need arises at no additional cost to its customers.  Does the contract with SunEdison allow or require the transfer of energy credits to the City or does the City have to purchase them?

I am not seeking trade secrets with respect to construction of any power generators or any costs associated with power generation or any confidential financial information relating to the internal operation of SunEdison.

I am willing to accept a redacted copy of the contract with trade secrets and confidential financial information redacted and will resubmit my request so stating if necessary.

Transparency in government is the only way that citizens have to assure their government is operating ethically and legally.  The Electric Fund comprises almost 25% of Georgetown's annual budget.  Without knowledge of the terms and conditions of the SunEdison contract, a citizen has no way to independently assess the appropriateness of the City's budget.

Your commitment to open government will be greatly appreciated in responding affirmatively to my request.

Sincerely,