s Cornyn Open Records Letter Ruling OR99-0384
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John Cornyn

February 9, 1999

Ms. Judy Ponder
General Counsel
General Services Commission
P.O. Box 13047
Austin, Texas 78711-3047


Dear Ms. Ponder:

You have asked whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 122000.

The General Services Commission (the "commission") received a request for "copies of all the bids that co-terminate in February 1999 in conjunction with the Tex-An 2000 project." You state that the commission does not believe that information responsive to the request is protected from disclosure. However, some of the information submitted to the commission from Sprint Corporation ("Sprint") and MCI Telecommunications Corporation ("MCI") is marked as confidential or proprietary. Thus, pursuant to section 552.305 of the Government Code, you have asked this office to determine whether the information at issue is actually proprietary or confidential and thus may not be released. The documents at issue were provided to this office for review.

This office provided both Sprint and MCI the opportunity to submit reasons as to why the records at issue should be withheld from disclosure. However, those corporations did not submit any arguments against disclosure of these records. See Open Records Decision No. 363 (1983) (third party has duty to establish how and why exception protects particular information). It does not appear that release of the records would implicate privacy interests that are protected under the Open Records Act. Because this office has no basis on which to conclude that any of the submitted records are confidential or proprietary, they must be released.

We are resolving this matter with an informal letter ruling rather than with a published open records decision. This ruling is limited to the particular records at issue under the facts presented to us in this request and should not be relied upon as a previous determination regarding any other records. If you have questions about this ruling, please contact our office.

Yours very truly,

Ruth H. Soucy
Assistant Attorney General
Open Records Division


Ref: ID# 122000

Enclosures: Submitted documents

cc: Mr. Dan Wingo
Sprint Corporation
9111 Jollyville Road, Suite 115
Austin, Texas 78759
(w/o enclosures)

Mr. Tim Richter
MCI Telecommunications Corporation
701 Brazos, Suite 600
Austin, Texas 78701
(w/o enclosures)

Ms. Lori Bell
Governmental Services Manager
Intermedia Communications
360 Interstate North Parkway, Suite 500
Atlanta, Georgia 30339
(w/o enclosures)


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