Solar company sues Sandoval’s office over refusal to release text messages

CARSON CITY — A rooftop solar company on Tuesday filed a lawsuit against Gov. Brian Sandoval to compel the release of public records sought in its inquiry into any discussions he or his staff have had with NV Energy lobbyists over the past several months relating to the future of net metering in Nevada.

Sunrun executive Bryan Miller said the company asked for text messages in its public records request made in August as part of an overall information request but so far none has been produced.

"The governor failed to produce a single text message," said Miller, Sunrun senior vice president of public policy and power markets. "Politicians have tried to hide texts and emails before, but the law is clear that these are public records. It is unfortunate the governor has forced us to sue, but the texts will come out."

Sandoval's office said in a statement it has complied with the request for documents.

The lawsuit, filed in Clark County District Court, says that while Sandoval's office provided some emails related to the records request, no text messages were provided for the period between Feb. 1 and July 27.

The request sought communications between Sandoval or his staff members and lobbyists Pete Ernaut, Greg Ferraro, Lorne Malkiewich and Tony Sanchez, primarily during the 2015 legislative session. Lawmakers in the session rejected a proposal to increase the 3 percent net metering cap sought by rooftop solar companies.

The initial request asked for all communication between NV Energy employees and lobbyists and Sandoval and his staff, including current Public Utilities Commission Chairman Paul Thomsen.

Miller said two of Sandoval's closest advisers, Pete Ernaut and Greg Ferraro, are NV Energy's top lobbyists.

Sandoval spokeswoman Mari St. Martin said while the office has not yet seen the lawsuit, "if it reflects what the company's lawyers have threatened it will represent an unprecedented level of invasion of privacy and misguided arguments without any factual support or basis in Nevada law."

"The Governor's office has given this company 131 pages of emails and everything we have in our possession and control," she said. "Our office has moved this request swiftly and even turned over documents before fees were paid. The timing and motivations of this latest maneuver are highly suspect considering SunRun representatives have demanded that the governor intervene in a regulatory matter outside his authority."

Miller said the public has a right to know what impact those relationships have had on critical policy decisions, including the ongoing rooftop solar debate.

Sandoval's office told Sunrun on Nov. 18 that any text messages would have been exchanged on the personal cellular devices of the governor and his staff. For this reason, the Office of the Governor asserted that the text messages would fall outside the records act and Sunrun would not be provided access to the information.

Sunrun argues that the messages are within the state public records law because they pertain to the functions or decisions of the governor's office.

Rooftop solar companies are involved in a dispute with NV Energy over a new proposed rate structure for residential solar customers. The hotly contested issue is in front of the Nevada Public Utilities Commission, which is expected to act on the matter Dec. 22.

Sunrun and other companies argue the new rate proposal, if approved by the PUC, would irreparably harm the industry and its 6,000 jobs. NV Energy argues that rooftop solar customers, who receive a credit for the excess energy generated by their systems, are being subsidized by non-solar customers.

Contact Sean Whaley at swhaley@reviewjournal.com or 775-687-3900. Find him on Twitter: @seanw801.