Comments by RTAs
Staff transmitted the proposed revision to GO 164-C to RTAs on December 15, 2005 via US Mail. Staff also held individual meetings with all RTAs to review the proposed GO 164-D and answer questions relating to the FTA Final Rule. Additionally, the proposed GO 164-D was posted on the Commission's public website to allow for public comment.
A public workshop, in an attempt to resolve outstanding conflicts in the proposed GO 164-D, was held on March 27, 2006. Staff and RTAs reached agreement on proposed GO 164-D wording except in those sections in which the RTAs have proposed edits to allow for nondisclosure of records and documents deemed to be confidential and/or protected under attorney- client privilege.
The Public Utilities Code (PU Code), Section 315, provides that,
. . . Neither the order or recommendation of the commission nor any accident report filed with the commission shall be admitted as evidence in any action for damages based on or arising out of such loss of life, or injury to person or property. Every public utility shall file with the commission, under such rules as the commission prescribes, a report of each accident so occurring of such kinds or classes as the commission from time to time designates.
However, RTAs have voiced concern that the California Public Records Act may supersede PU Code Section 315.
Irreconcilable differences between Staff and RTAs in those sections are outlined as follows:
Section 3.3, Requirements for System Safety Program Plans (SSPP)
Staff Proposed
Staff may perform inspections, investigations, and reviews of the design, construction, operation, maintenance and administration of each RTA to assess whether the actual safety procedures and practices of the RTA comply with its SSPP. RTA shall permit Staff access to all facilities, documents, and records and provide reports when requested.
RTAs' Proposed Edits
Staff may perform inspections, investigations, and reviews of the design, construction, operation, maintenance and administration of each RTA to assess whether the actual safety procedures and practices of the RTA comply with its SSPP. RTA shall permit Staff access to all facilities, documents, and reports for review except those documents that are protected by attorney-client privilege or considered confidential.
Section 4.4, Requirements for System Security Plans
Staff proposed
Staff may perform inspections, investigations, and reviews of the design, construction, operation, maintenance and administration of each RTA to assess whether the actual security procedures and practices of the RTA comply with its Security Plan. RTA shall permit Staff access to all facilities, documents, and records.
RTAs' Proposed Edits
Staff may perform inspections, investigations, and reviews of the design, construction, operation, maintenance and administration of each RTA to assess whether the actual security procedures and practices of the RTA comply with its Security Plan. RTA shall permit Staff access to all facilities, documents, and reports for review except those documents that are protected by attorney-client privilege or considered confidential.
Section 8.3c, Requirements for Investigating Accidents
Staff proposed
RTA shall document in a written report each item investigated, the investigation findings, the most probable cause of the accident, contributing causes, and recommendations for corrective action to prevent a recurrence of the accident.
RTAs' Proposed Edits
RTA shall document in a written report each item investigated, except those documents that are protected by the attorney-client privilege, the investigation findings, the most probable cause of the accident, contributing causes, and recommendations for corrective action to prevent a recurrence of the accident.
Section 8.3e, Requirements for Investigating Accidents
Staff proposed
Submit its final investigation report within 60 calendar days of the occurrence of the accident...
RTAs' Proposed Edits
Submit its final investigation report within 60 calendar days of the occurrence of the accident, except in cases where report forms described in Section 7.5 adequately close the investigation...
Section 8.4, Requirement for Investigating Accidents
Staff Proposed
Investigation reports and corrective action plans prepared by an RTA and filed with the Commission or Staff shall not be admissible as evidence in any action for damages based on or arising out of matters covered therein unless specifically authorized by the Commission (Ref. PU Code Section 315).
RTAs' Proposed Edits
Investigation reports and corrective action plans prepared by an RTA and submitted to the Commission staff and any information contained therein, shall not be discoverable and/or admissible as evidence in any civil action for damages based on or arising out of matters covered therein unless specifically authorized by the Commission and the RTA.
Further, investigation reports and corrective action plans shall be exempt from disclosure under the California Public Records Act (Govt. Code Sec. 6251, et seq.) and similar statutes and ordinances.
If a subpoena and /or request for public information seeking investigation reports, corrective action plans, or any related document or information is received by the Commission, the subpoena/request will be declined, and the RTA whose documents are being sought will be immediately notified of the subpoena or request.
