context: However, on the present record, it is not clear from Shaw's and Gimbel's attested contentions that the information in Documents Nos. 16 and 32 exclusively contain deliberative communications. Although an evidentiary inference to this effect could arguably be made on the existing record, given the facts that the Department identified Document No. 16 as a "briefing memorandum" of summarized information; Gimbel's relatively lengthy affidavit states that Document No. 32 includes an attachment and concerns a "draft public notice" and "draft report;" and the Department conducted environmental analysis of Perki-omen Creek's water quality, it is equally plausible that Documents Nos. 16 and 32 contain qualitative or statistical data that can be severed from the deliberative portions of those documents.
citation_a.signal: see
citation_a.identifier: 12 A.3d 466, 475
citation_a.parenthetical: "Where the evidence of record equally supports two inconsistent inferences, it proves neither."
citation_a.sentence: See Commonwealth v. Borrin, 12 A.3d 466, 475 (Pa.Super.2011) (en banc), aff'd 622 Pa. 422, 80 A.3d 1219 (2013) (“Where the evidence of record equally supports two inconsistent inferences, it proves neither.”).
citation_b.signal: see also
citation_b.identifier: 61 A.3d 379, 379-80
citation_b.parenthetical: concluding that the predecisional deliberation exception was not established where the agency failed to "submit sufficient proof to show that all communications with any other government officials are 'deliberative' than factual in nature."
citation_b.sentence: See also Carey, 61 A.3d at 379-80 (concluding that the predecisional deliberation exception was not established where the agency failed to “submit sufficient proof to show that all communications with any other government officials are ‘deliberative’ than factual in nature.”). Therefore, we vacate the OOR’s determination, in part, and, in light of the ambiguous nature of the current record and Requester’s previous request for in camera review, we remand to the OOR for in camera review to determine whether Documents Nos. 16 and 32 contain severable information that is purely factual.