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COM/DGX/avs Date of Issuance 4/18/2008
Decision 08-04-023 April 10, 2008
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
(Filed June 30, 2005)
DECISION ADOPTING MODEL PROTECTIVE ORDER AND NON-DISCLOSURE AGREEMENT, RESOLVING
PETITION FOR MODIFICATION AND RATIFYING ADMINISTRATIVE LAW JUDGE RULING
TABLE OF CONTENTS
DECISION ADOPTING MODEL PROTECTIVE ORDER AND NON-DISCLOSURE AGREEMENT, RESOLVING PETITION FOR MODIFICATION, AND RATIFYING
ADMINISTRATIVE LAW JUDGE'S RULING 22
Findings of Fact 2626
Conclusions of Law 2626
APPENDIX A - Model Protective Order
APPENDIX B - ESP Matrix
APPENDIX C - IOU Matrix
APPENDIX D - Proposed Model Protective Order
DECISION ADOPTING MODEL PROTECTIVE ORDER
AND NON-DISCLOSURE AGREEMENT, RESOLVING
PETITION FOR MODIFICATION, AND RATIFYING
ADMINISTRATIVE LAW JUDGE'S RULING
This decision resolves the three issues left open for consideration in Phase 2 of the proceeding, which is focused on confidentiality of information submitted to the Commission. First, we adopt a model protective order and non-disclosure agreement (Model) for all data addressed in the two previous decisions issued in this docket - Decision (D.) 06-06-066 and D.06-12-030. (The Model appears as Appendix A to this decision.) Second, we resolve a Petition for Modification of D.06-06-066 filed on September 7, 2007 by several parties.1 Third, we ratify certain rulings made by the assigned Administrative Law Judge (ALJ) regarding the procedure for seeking confidentiality of data covered by D.06-06-066. Due to the pendency of an Application for Rehearing of D.06-12-030, this proceeding shall remain open.
The Model is for use with confidential documents governed by this proceeding. Parties to other proceedings, and in industries other than the electric sector, may find the Model useful as well, although we will not obligate them to use it. Parties to the Resource Adequacy (RA), Procurement, Renewables Portfolio Standard (RPS) and offshoot or successor proceedings shall use the Model. These proceedings bear the following docket numbers: Rulemaking (R.) 08-01-025, R.05-12-013 and R.04-04-003 (RA); R.06-02-013 (Procurement); and R.06-05-027, R.06-02-012, and R.04-04-026 (RPS).
Several other energy proceedings, including the California Solar Initiative Rulemaking (R.06-03-004), the Demand Response Rulemaking (R.07-01-041), and the Energy Efficiency Rulemaking (R.06-04-010), and their successor proceedings, may use the same documents as those covered by Decision (D.) 06-06-066. Parties to those proceedings using those documents shall also comply with the orders in this proceeding.
1 The parties to the petition are Alliance For Retail Energy Markets, Constellation NewEnergy, Inc., APS Energy Services Company, Inc., Commerce Energy, Inc., Praxair Plainfield Inc., Sempra Energy Solutions LLC, Strategic Energy, LLC, 3 Phases Renewables, LLC, And CalpinePowerAmerica-CA, LLC (collectively, AReM).