II. SB 1488

SB 1488 provides, in part, the following:

The Public Utilities Commission shall initiate a proceeding to examine its practices under Sections 454.5 and 583 of the Public Utilities Code and the California Public Records Act . . . to ensure that the commission's practices under these laws provide for meaningful public participation and open decision making.

SB 1488 also acknowledges the competing statutory directives in §§ 454.5, 583 and the Public Records Act, and directs us to reconcile them in a way that ensures meaningful public participation and open decision making.

We note that as a matter of law, and consistent with SB 1488, the Commission continues to have broad discretion to determine whether confidential information submitted by regulated public utilities and other entities to the Commission should be shared with other parties. In exercising this discretion, the Commission will determine whether the public interest in keeping confidential materials confidential outweighs the public interest in making them public. Further, the Commission has the discretion to determine what procedures might be needed to ensure the confidentiality of market sensitive information. (See generally, Pub. Util. Code, §§454.5, subd. (g), 583 & 701.) For example, Public Utilities Code section 454.5(g) provides:

"The [C]ommission shall adopt appropriate procedures to ensure the confidentiality of any market sensitive information submitted in an electrical corporation's proposed procurement plan or resulting from or related to the approved procurement plan, including, but not limited to, proposed or executed power purchase agreements, data request responses, or consultant reports, or any combination, provided that the Office of Ratepayer Advocates and other consumer groups that are nonmarket participants shall be provided access to this information under confidentiality procedures authorized by the Commission."

Although it expressly provides for access by the Office of Ratepayers (now, the Division of Ratepayer Advocates) and consumer groups that are non-market participants, neither this statute nor any other statutory provisions limits the Commission's authority to protect market sensitive information or make a distinction between non-market participants and market participants.

We note that the test for non-disclosure to the public includes whether "the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record." (See e.g., Gov. Code, §6255, subd. (a).) Further, the Commission's broad statutory authority permits it to do all things, whether specifically designated in law or "in addition thereto", that are "necessary and convenient" in the protection of ratepayers. (Pub.Util. Code, §701.)