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nmzaheer

CERC sent RTI reply refusing information

Question

nmzaheer

Hi there,

I filed an RTI through RTI Online website to Central Electricity Regulatory Commission(CERC) on 11-12-2016. I did not receive a reply within the time limit. Hence, I filed an appeal through the same website. I wasn't sure if they even checked the website for the RTI applications and hence contacted the AA a week later. They got back to me that they hadn't checked for applications on the website and will do so here on. I received the RTI reply from the PIO wherein he had cited 8(e) and 8(h) and hence refused furnishing the information.

 

For background on the information I had requested, please visit this link CERC Order. Also, find attached the RTI reply for my application.

 

Now, I am not fully convinced with their reply and I believe I should be given the information requested. I would like to know if I am right and whether I have valid grounds to approach the CIC for remedy.

 

Thanks in advance

ReplyDocument(1).pdf

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4 answers to this question

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Prasad GLN

Go for First appeal, with your grounds as you have already commenced process, and seek personal hearing (if you are a local, if not file written submissions to FAA with relevant citations). After FAA orders, you can go for second appeal.

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nmzaheer

I filed a First Appeal and the AA directed the CPIO to reply to my RTI as soon as possible. Only after that I received the reply to my RTI application....

 

Maybe I wasn't clear in explaining my question.

 

There are 2 power exchanges in India whose monitoring and review falls under CERC. In 2015, CERC hired KPMG and Deloitte to review the operation of one power exchange each and submit the report to CERC. Both the consultancies submitted the reports by March 2016. Based on the reports, CERC issued directions to incorporate the recommendations as given in the report. It also noted that the report also pointed to some major violations of regulations and sought an explanation from them.

 

In my RTI application, I had asked for the reports submitted to CERC by KPMG and Deloitte and also the explanations given by the power exchanges. The CPIO cited section 8(e) and 8(h), thereby refusing to give the information sought.

 

So my question is whether those clauses are applicable in my case or not? I am not convinced that its a valid reply but I would like to know if Im wrong as I dont want to waste my time filing a second appeal..

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Prasad GLN

File Addendum for first appeal with same grounds, as one has to file First appeal on disagreeing with information provided by PIO. This is absolutely necessary, as second appeal filed gets a File No. after six months, and appeal may come up for hearing after 18 months.

The information is not certainly not exempted, the report is not a confidential document and a tool for evaluating performance and finding out short comings and such suggestions, which are all in larger public interest.

Even a common man on road side can state that a report is not concerned with commercial confidence, trade secret or intellectual property, when it evaluates the functioning.

In the same lines there is no fiduciary relationship where monitoring and review is the focus.

There are never any exemptions for larger public interest issues.

Certainly FAA applies his mind while deciding your appeal.

Please search in our forums for detailed explanation of 8 (d) and 8 (e) and provide print outs to FAA with addendum.

The format is the same as you have submitted first appeal but grounds differ.

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Sunil Ahya

As suggested by Hon'ble Prasadji, kindly file an Addendum to First Appeal with the concerned First Appellate Authority by Speed Post (and not online).

 

Addendum is for requesting the First Appellate Authority (FAA) to add the new developments to the already filed first appeal and thereby ask the FAA to give his decision on the first appeal.

 

 

> Draft your grounds of addendum to first appeal by referring to the blog on the following link:

 

Justification for reasons for Denial under RTI.

 

 

> Download a sample Addendum template from the following link:

 

Sample-Addendum-to-First-Appeal_Template.docx

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