P. Public utility records.

1. Cooperative records. The books and records of electric and telephone utility cooperatives, generally open to members, may be withheld when they concern specific matters that were prepared for or during an executive session and not subsequently made public by the cooperative, and the cooperative may also withhold the identity of public information that was referenced during the executive session. AS 10.25.235.

2. Alaska Public Utilities Commission Act. The Alaska Public Utilities Commission Act provides for public access to records in the possession of the commission. The commission may, by regulation, classify records submitted to it by regulated utilities as privileged records, not open to inspection by the public. However, if a record involves an application or tariff filing pending before the commission, the commission shall release the record for the purpose of preparing for or making a presentation to the commission in the proceeding if the record or information derived from the record will be used by the commission in the proceeding. A person objecting to public disclosure of information contained in a record submitted under the Public Utilities Act or of information obtained by the commission under the provisions of the Act must do so in writing and state the grounds for the objection. When an objection is made the commission may not order the information withheld from the public unless the information adversely affects the interest of the person making the written objection and disclosure is not required in the interest of the public. AS 42.05.671. The APUC in 1992 adopted new regulations governing access to records. 3 AAC 48.040-.100. The Alaska Supreme Court has stated that, while the requirement of the statute that information not be withheld if "required in the interest of the public" will normally prevent a conflict with constitutional due process requirements, if a conflict nevertheless occurs, the privilege of access afforded by the statute must be narrowly construed so that the constitutional due process rights of the utilities control.

3. Pipeline commission. Records in the possession of the Alaska Pipeline Commission are presumptively open to the public. One who objects to the public disclosure of information contained in a record filed pursuant to the pipeline act or to disclosure of information obtained by the commission under the provisions of the act must do so in writing, stating the grounds for the objection. When an objection is made, the commission shall order the information withheld from public disclosure if the information adversely affects the interest of the person making written objection and disclosure is not required in the interest of the public. The commission may, by regulation, classify records submitted to it by regulated pipeline carriers or pipelines as privileged records that are not open to public inspection, provided that records that would be used in proceedings concerning tariffs must be made available. In such a case, the person who filed the otherwise confidential record must be given notice and an opportunity to object before it is released. AS 42.06.445.