REC and ZEC Purchasers Email List

To Whom It May Concern:

Pursuant to the New York State Freedom of Information Law (1977 N.Y. Laws ch. 933), I hereby request the following records:

- a copy of the list, spreadsheet, database, or document that reflects, logs, or captures the information (including but not limited to: "First Name," "Last Name," "Company," "Title," "Email," "Phone," and "Ext.") submitted via this webpage ("REC and ZEC Purchasers Email Sign-Up Page"): https://www.nyserda.ny.gov/All-Programs/Programs/Clean-Energy-Standard/REC-and-ZEC-Purchasers/REC-and-ZEC-Purchasers-Email-List

I note that at the bottom of the webpage there is a caption that reads, in part, "By submitting this form you authorize NYSERDA to add you to the mailing list(s) and to share your information with other New York State Agencies for the same purpose. Your information will not be shared with any other entities." However, NYSERDA is subject to the Freedom of Information Law--which, as the Committee on Open Government often says, "is based upon a presumption of access"--and courts have held that similar email lists must be disclosed [see Livson v. Town of Greenburgh, 141 A.D.3d 658, Appellate Division, Second Department (July 20, 2016)]. I also note, out of an abundance of caution, that the mere disclosure of an individual's Company could not reasonably be expected to cause substantial injury to the competitive position of that Company.

The requested documents will be made available to the general public, and this request is not being made for solicitation or fundraising purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Luke Stoddard Nathan

Mr. Graven—just left you a voicemail concerning this request. Can you please acknowledge receipt? Thanks.

Sal, you are correct that I have received acknowledgment of one request (originally submitted on 8/21, re: legal services contracts) but I have not received any acknowledgment of a different request, submitted on 10/25 [a copy of the list, spreadsheet, database, or document that reflects, logs, or captures the information (including but not limited to: "First Name," "Last Name," "Company," "Title," "Email," "Phone," and "Ext.") submitted via this webpage ("REC and ZEC Purchasers Email Sign-Up Page"): https://www.nyserda.ny.gov/All-Programs/Programs/Clean-Energy-Standard/REC-and-ZEC-Purchasers/REC-and-ZEC-Purchasers-Email-List].