2. Tracking service quality.__The Public Advocate shall collect data on the quality of railroad freight service in this State.__The Public Advocate may conduct surveys or employ other methods to gather information provided on a voluntary basis by shippers.__The Public Advocate shall collect and organize the data in accordance with a performance matrix designed to measure service quality.__The Public Advocate shall consult with the Department of Transportation and with shippers in developing the performance matrix.__On a schedule mutually acceptable to the Public Advocate and the department, the Public Advocate shall provide to the department regular reports on the quality of railroad freight service based on data collected pursuant to this subsection.__The Public Advocate shall report the data in a manner that is consistent with subsection 4.__Reports provided pursuant to this subsection are public records.

3.__Authority to take certain actions.__In order to enhance and promote railroad freight service quality in this State the Public Advocate may:

A.__Provide information to federal, regional and state agencies, groups and organizations and monitor federal and state regulatory actions of interest to Maine shippers;

B.__Provide advice and assistance to shippers;

C.__With the consent of the parties, facilitate or mediate railroad freight service disputes; and

D.__Take any other appropriate actions consistent with the purposes of this section.

4.__Protection of persons supplying information; confidentiality.__In order to encourage shippers to provide information to the Public Advocate under this section, the Public Advocate shall institute procedures to preserve the anonymity of shippers that provide railroad freight service quality information to the Public Advocate.__Those portions of records obtained or kept by the Public Advocate pursuant to this section that the Public Advocate determines would reveal the identity of a shipper that provides information to the Public Advocate under this section are confidential and are not public records pursuant to Title 1, section 402, subsection 3, paragraph B. If the Public Advocate determines that disclosure of information that would reveal the identity of a shipper would assist the Public Advocate in achieving the purposes of this section, the Public Advocate