Donna DeCarolis's E-mails Containing the Word 'Natural Gas' (New York State Department of Environmental Conservation)

Dear Greta:

Thank you for your Freedom of Information Law (FOIL) request. Your request has been received and is being processed. Your request was received in this office on 7/13/2022 and given the reference number FOIL #W103799-071322 for tracking purposes. You may expect the Department's response to your request no later than 8/11/2022.

Record Requested: To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

I would like to request e-mail correspondences, spanning from July 2019 to present, between Donna DeCarolis (decarolisd@natfuel.com) and members of the New York state government containing the phrase, "natural gas."

The requested documents will be made available to the general public, and this request is not being made for commercial 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,

Greta Moran

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New York State Department of Environmental Conservation, Record Access Office

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Office of General Counsel
P: (518) 402-9522 | F:
www.dec.ny.gov
RE: PUBLIC RECORDS REQUEST of 7/13/2022, Reference # W103799-071322

Dated: 07/19/2022 Dear Greta Moran, I write in response to your Freedom of Information Law (FOIL) request seeking: Pursuant to the New York Freedom of Information Law, I hereby request the following records:
I would like to request e-mail correspondences, spanning from July 2019 to present, between Donna DeCarolis (decarolisd@natfuel.com) and members of the New York state government containing the phrase, "natural gas." Please be advised that based on the way that this request is worded, my office is unable to identify who may be the custodians of record who would have potentially responsive records. Without the names of specific DEC staff names or email addresses, DEC has no way to identify custodians of record or search its email system in a way that would produce any responsive records. Accordingly, your request is denied pursuant to NYS Public Officers Law § 89(3) because the record(s) requested are not reasonably described. Please note that the NYS Committee on Open Government has opined that “FOIL requires that an applicant ‘reasonably describe’ the records sought. The Court of Appeals has held that whether or the extent to which a request meets that requirement is often related to an agency’s filing, recordkeeping or retrieval system. When records can be located and retrieved with reasonable effort, the request meets the standard. However, if an agency can only locate records by engaging in a search for the needle in the haystack, the request does not reasonably describe, and the agency would not be required to engage in the effort necessary to locate and retrieve the records.” FOIL-AO-19241, relying on Konigsberg v. Coughlin, 68 NY2d 245 (1986); see also Data Tree v. Romaine, 9 NY3d 454, 464 (2007). If you believe you have been unlawfully denied access to records, To enable an effective search of Department records, Public Officers Law Sec. 89.3 requires that a request reasonably describe the records sought.  Department staff is unable to search for potentially responsive records based upon the terms of your request.  Accordingly, your request is denied. If you believe you have been unlawfully denied access to records, you have the right to appeal.  Any such appeal must be submitted in writing and within thirty (30) days of the date of this email.  Appeals must be directed to: FOIL Appeals Officer
Office of General Counsel
New York State Department of Environmental Conservation
625 Broadway, 14th Floor
Albany, NY 12233-1500 Your FOIL request is now closed.  Please reference FOIL # W103799-071322 in all future correspondence concerning this request.  Thank you. Sincerely, Records Access