Discussion
As set forth in the ALJ ruling issued on January 8, 2002, the Commission will not grant requests to place information under seal unless all of the following criteria are satisfied:
· The information the utility seeks to place under seal has been kept confidential by the utility and is not available to the public.
· Disclosure of the information would cause substantial and irreparable harm to the utility.
· The harm that would be caused by disclosure of the information outweighs the public interest in disclosure.
Verizon has met its burden to demonstrate that most of the information it seeks to place under seal satisfies all of the above-mentioned criteria. Accordingly, Verizon's motion to place portions of ORA's audit report under seal is granted with two exceptions. The two exceptions, which are set forth in the e-mail correspondence described previously, are (1) the fictitious social security numbers, and (2) the summaries of research and development projects.
Therefore, IT IS RULED that:
1. The motion filed by Verizon California Inc. (Verizon) to place portions of the Office of Ratepayer Advocates' (ORA's) audit report and audit workpapers (i.e., Exhibit 103-C) under seal is granted as set forth in the body of this ruling.
2. Verizon shall work with ORA to produce and submit revised pages of the public edition of ORA's audit report and audit workpapers (i.e., Exhibit 103) that contain newly public information as set forth in the body of this ruling. The revised pages shall be collectively labeled as Exhibit 103-S.
3. Verizon shall provide a copy of Exhibit 103-S to other parties in this proceeding upon request.
4. Exhibit 103-C, as revised by this ruling, shall remain under seal for a period of two years from the date of this ruling. During that period, Exhibit 103-C shall not be made accessible or disclosed to anyone other than Commission staff except (i) on further order or ruling of the Commission, the assigned Commissioner, the assigned Administrative Law Judge (ALJ), the ALJ then designated as Law and Motion Judge, or the Chief ALJ, or (ii) as may be required by law, or (iii) with the written permission of Verizon.
5. If Verizon believes that Exhibit 103-C should remain under seal after two years, it may file a motion that states the justification for further withholding of Exhibit 103-C from public inspection or such other relief as the Commission's Rules may then provide. The motion must be filed at least 30 days before the expiration of this ruling.
Dated May 22, 2002, at San Francisco, California.
/s/ TIMOTHY KENNEY
Timothy Kenney
Administrative Law Judge
CERTIFICATE OF SERVICE
I certify that I have by mail, and by electronic mail, to the parties to which an electronic mail address has been provided, this day served a true copy of the original attached Administrative Law Judge's Ruling Granting Verizon's Motion to Place Under Seal Portions of ORA's Phase 1 Testimony, Audit Report, and Audit Workpapers on all parties of record in this proceeding or their attorneys of record.
Dated May 22, 2002, at San Francisco, California.
/s/ JACQUELINE GORZOCH
Jacqueline Gorzoch
NOTICE
Parties should notify the Process Office, Public Utilities Commission, 505 Van Ness Avenue, Room 2000, San Francisco, CA 94102, of any change of address to insure that they continue to receive documents. You must indicate the proceeding number on the service list on which your name appears.
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