Decision 09-04-037 April 16, 2009
Before The Public Utilities Commission Of The State Of California
Order Instituting Rulemaking to Implement Senate Bill No. 1488 (2004 Cal. Stats., Ch. 690 Rulemaking 05-06-040 (Sept. 22, 2004)) Relating to Confidentiality of Information. |
R.05-06-040 (Filed June 30, 2005) |
ORDER DENYING APPLICATION FOR REHEARING
OF DECISION 08-04-023
I. INTRODUCTION
Decision (D.) 08-04-023 is the third decision issued in Rulemaking (R.) 05-06-040. D.08-04-023 adopts a "model protective order and non-disclosure agreement" (hereinafter, MPO), and mandates its use in all resource adequacy (RA), resource procurement (procurement), and renewables portfolio standard (RPS) proceedings; and specifically in the following pending proceedings: R.08-01-025, R.05-12-013, R.04-04-003, R.06-02-013, R.06-05-027, R.06-02-012 and R.04-04-026. D.08-04-023 also grants in part, and denies in part, a petition for modification filed by the Alliance For Retail Markets and others (AReM) of D.06-06-066 as modified by D.07-05-0321, concerning the matrices adopted for electric service providers (ESPs) and investor-owned utilities (IOUs). In addition, D.08-04-023 ratifies rulings made by the presiding ALJ regarding the procedure for seeking confidentiality of certain data.
CAlifornians for Renewable Energy, Inc. (CARE) is a party in the underlying proceeding, R.05-04-060, and it filed a timely application for rehearing. AReM filed a timely response to it. CARE alleges that its due process rights have been violated, and that the Commission abused its discretion by withholding ESP information from the public without statutory authorization to do so. CARE argues that we have no authority to withhold confidential information submitted by wholesale energy providers because they are unregulated entities. Lacking precision, it appears that CARE may have attempted to argue that intervenors in Commission proceedings should be permitted access to the same information that it alleges the Federal Energy Regulatory Commission (FERC) makes available to them. In addition, CARE contends D.08-04-023 is arbitrary and capricious because it conflicts with a litigation position CARE asserts we argued in a FERC proceeding. CARE contends that poor and otherwise unrepresented people of color will be adversely affected by D.08-04-023 if their representatives are not provided access to information concerning wholesale energy transactions.
We have reviewed each and every allegation of error raised by CARE and find, as discussed below, that they are without merit. Accordingly, we deny CARE's application for rehearing.
1 D.06-06-066 was the initial decision in R.05-06-040.
