7. Motion for Confidentiality

Along with its Amended Petition, FCE filed a motion requesting confidential treatment of Appendix C, Attachment 1 to its filing. According to FCE, this document contains commercially sensitive production cost data and cost projections associated with FCE's products, that qualify as "trade secrets" under Government Code Section 6254.7(d). This information involves production data known only to certain individuals and which gives its user an opportunity to obtain a business advantage over its competitors, as discussed in the Government Code defining trade secrets. If revealed, this information would subject FCE to competitive disadvantage with respect to other fuel cell manufacturers. FCE contends the competitive retail environment in which FCE competes necessitates confidential treatment of this information. Debenham opposes the motion for confidentiality, arguing FCE has failed to state any valid legal reason for granting the motion.

We disagree with Debenham and find FCE has stated a valid legal reason to grant confidentiality. FCE's production cost data and cost projections in its filing are commercially sensitive trade secrets under Government Code Section 6254.7(d) and would place FCE at a disadvantage if revealed to competitors. We have granted similar requests for confidential treatment of commercially sensitive business data, and will do so here as well.