The following sections of this decision address the specific categories of data relevant to the "procurement umbrella" proceedings we ruled to be within the scope of Phase One of this proceeding. We discuss each category, and explain how each type of data should be treated for confidentiality purposes. The three large IOUs whom we named as respondents in this proceeding (PG&E, SDG&E and SCE) shall follow these rules when submitting any data in the Matrix in any proceeding.
In Appendix A to the original OIR, we listed the types of documents that IOUs might produce in the context of procurement (and related proceedings) and the Energy Division made initial determinations of how the data should be treated. The parties moved and added categories, with leave of the ALJ, to make the Matrix more comprehensive. To avoid confusion, we will work now from the new versions of the IOU Matrix and ESP Matrix.
The IOU Matrix contains 13 categories of data, as follows:
1. Natural Gas Information
2. Cost Forecast Data - Electric
3. Forecast of Revenue Requirements and Customer Rates - Electric
4. Resource Planning Information - Electric
5. Load Forecast Information and Data - Electric
6. Net Open Position - Electric
7. Bilateral Contract Terms and Conditions - Electric
8. Competitive Solicitation (Bidding) Information - Electric
9. Strategic Procurement Information - Electric
10. Recorded (Historical) Data and Information - Electric
11. Monthly Procurement Cost (Energy Resource Recovery Account [ERRA] Filings)
12. Monthly Portfolio Risk Assessment
13. Energy Division Monthly Data Request (AB 57)
A. Highlights of IOU Matrix
We do not discuss each category of data contained in the IOU Matrix here. We have attempted to adopt the parties' approach to confidentiality.81 We find, however, that in several instances, some or all of the IOUs have proposed confidential treatment of an excessive amount of data. For detailed information, parties shall refer to the IOU Matrix (Appendix 1).
Our approach to IOU data is the following:
· Historical data should be public after 1 year;
· Residual net open (short or long) information should be confidential for 3 years;
· Near term forecast information (daily, monthly information) should receive greater protection than longer term forecasts;
· RPS information should be public to a greater extent than non-RPS data (except the price term in contracts, which may be confidential);
· Individual contracts for energy or capacity should be confidential for 3 years from the date the contract states that energy deliveries begin, except contracts between IOUs and their own affiliates, which should be public;
· Contract summaries should be public;
· Bid/RFO information in the IOU procurement context should be partially public and partially confidential, depending on the specificity of the data;
· A window of confidentiality approach that protects future looking information more than historical information should be used;
· Information that is public in one forum/proceeding shall be public everywhere; and
· Information shall be treated the same in all proceedings in which it is furnished to the Commission, including proceedings not yet commenced.
B. Quantity Data vs. Cost Data
We do not agree with Green Power that quantity data is always less sensitive than cost data. Green Power cites a study in its brief that tends to establish that biomass plant operators are willing to disclose how much biomass material they purchase, but not the price they pay. There may well be differences between power plants fueled by biomass and other generation. While we do not establish a hard and fast rule distinguishing cost and quantity data, any party may make this argument in seeking protection for (or disclosure) individual types of data listed in the Matrix.
81 See Joint Parties' IOU Matrix of Electric Procurement-Related Data Rulemaking 05-06-040, filed Jan. 17, 2006.