The Commonwealth Court of Pennsylvania has upheld the Pennsylvania Public Utility Commission's (PUC) response to a records request made by Dontissa Wilmer. The court's ruling on November 13, 2026, affects how public utility records are accessed and sets a precedent for future transparency in similar cases.

Wilmer, who represented herself in this case, filed a request under the Right-to-Know Law (RTKL) on June 10, 2025. She sought various records related to her complaint against PECO Energy Company, including a complete transcript of a telephonic hearing held on November 21, 2024. The PUC initially granted most of her request but withheld the hearing transcript, citing copyright protections. Wilmer appealed to the Office of Open Records (OOR), which partially granted her appeal but directed the PUC to provide the transcript for inspection.

Wilmer's case reached the Commonwealth Court after she argued that the PUC's provided records contained errors, particularly in the transcript. She claimed that the transcript misquoted her testimony and requested a corrected version. The PUC countered that the appeal was moot since Wilmer had received a copy of the transcript and had not followed the proper procedures to challenge its accuracy.

Background

The dispute began when Wilmer filed a complaint against PECO Energy Company, alleging issues with her electrical service and potential tampering with her smart meter. On June 10, 2025, she submitted a request to the PUC for records related to her complaint, including the transcript of a hearing. The PUC responded on July 17, 2025, granting most of her request but withholding the transcript due to copyright restrictions.

Wilmer appealed the PUC's decision to the OOR, arguing that she did not receive a final response and that the transcript should be available for inspection. The OOR determined that the PUC had provided all records except for the transcript and directed the PUC to make it available for review. Wilmer then petitioned the Commonwealth Court to review the OOR's decision, claiming that the transcript contained inaccuracies.

The Ruling

In its ruling, the Commonwealth Court affirmed the OOR's Final Determination, stating that the PUC had complied with the RTKL by providing the requested records. Judge Patricia A. McCullough, along with Judges Michael H. Wojcik and Matthew S. Wolf, noted that the PUC had made the transcript available for inspection, which met the requirements of the RTKL.

The court ruled, "Requester has not established that the PUC failed to produce a copy of the official transcript of the November 21, 2024 hearing in response to the OOR’s Final Determination." The judges emphasized that any alleged inaccuracies in the transcript should be addressed through the proper channels.

The court also pointed out that the procedures for correcting errors in transcripts were not followed by Wilmer, which weakened her case. The judges indicated that the RTKL's purpose is to ensure access to public records, not to correct inaccuracies in those records once they are disclosed.

Impact

This ruling has significant implications for public access to utility records in Pennsylvania. It reinforces the idea that while public records must be disclosed, the process for correcting any inaccuracies lies outside the RTKL framework. This decision may influence how future requests for public records are handled, particularly in cases involving utility commissions.

Wilmer's case highlights the challenges individuals may face when navigating the complexities of public records requests and the legal processes involved. The court's ruling clarifies that any disputes regarding the accuracy of provided records must follow established procedures, which could deter others from pursuing similar appeals without proper documentation.

What's Next

While the Commonwealth Court has affirmed the OOR's decision, Wilmer may still seek to address the alleged inaccuracies in the transcript through the appropriate channels set forth by the PUC or the Rules of Appellate Procedure. There is no indication that the case will be appealed further, but Wilmer's experience could lead to discussions about improving transparency and accessibility of public utility records in Pennsylvania.