August 20, 1993
Mr. John Kenny
P.O. Box 129
Salt Point, NY 12578
The staff of the Committee on Open Government is authorized to
issue advisory opinions. The ensuing staff advisory opinion is
based solely upon the facts presented in your correspondence.
Dear Mr. Kenny:
I have received your letter of August 15 and the
correspondence attached to it. The correspondence indicates that
you believe that the Central Hudson Gas & Electric Corporation is
required to comply with the Freedom of Information Law.
In this regard, the scope of the Freedom of Information Law is
determined in part by §86(3), which defines "agency" to mean:
"any state or municipal department, board,
bureau, division, commission, committee,
public authority, public corporation, council,
office or other governmental entity performing
a governmental or proprietary function for the
state or any one or more municipalities
thereof, except the judiciary or the state
While a public utility might be regulated by government, it would
not in my opinion be a governmental entity performing a
governmental function. Consequently, I do not believe that the
entity in question is subject to the Freedom of Information Law.
If you have difficulties relating to a public utility, it is
suggested that you contact the Public Service Commissioner at 1-800-342-3355.
I hope that the foregoing serves to enhance your understanding
of the Freedom of Information Law.
Robert J. Freeman
cc: James E. Perry