12. Request to File Under Seal

Pursuant to Rule 11.4, Pacific Lightwave has filed several motions for leave to file selected confidential materials under seal. These materials include: 1) Exhibits B, D, E, and G to the application, filed July 10, 2009; 2) the Proponent's Environmental Assessment, filed September 18, 2009; 3) Attachments to Response to ALJ Request, dated September 25, 2009; and 4) Attachments to Response to ALJ Request, dated October 26, 2009. Pacific Lightwave represents that the information is proprietary and sensitive. Pacific Lightwave states that the information, if revealed, would place it at an unfair business disadvantage. We have granted similar requests in the past and do so here regarding Exhibits B, D, E, and G to the application filed July 10, 2009 and Attachments to Response to ALJ Request dated September 25, 2009. While we traditionally provide confidential treatment of proprietary and sensitive company data, we must also balance this with the need for an open and public CEQA process. Pacific Lightwave stated that the PEA and response to follow-up questions that it moved to be filed under seal on September 18, 2009 and October 26, 2009, provided "details about Pacific Lightwave's business plans that, if disclosed publicly, could put Pacific Lightwave at a competitive disadvantage."⁷ This information, though, included generic information regularly provided in a public fashion as part of the CEQA process. We therefore deny Pacific Lightwave's motions to file the Proponent's Environmental Assessment, filed September 18, 2009 and the Attachments to Response to ALJ Request, dated October 26, 2009 under seal.

⁷ A.09-07-017 Motions dated September 18, 2009 and October 26, 2009. Same quote is found in both motions.