6. Redaction

Where necessary and reasonable to protect market sensitive data we allow a utility to file certain data under seal. (Rule 11.4.) As a matter of public policy, and open, transparent proceedings at the Commission, such confidential treatment should be kept to a minimum. Bear Valley filed a motion on August 27, 2008, which sought leave to file under seal the proposed contracts and analysis of the contracts. By ruling dated September 25, 2008 the motion was granted and parties were allowed to review the contracts and analysis subject to a protective order.

At the prehearing conference the assigned Commissioner and assigned Administrative Law Judge (ALJ) noted that the public documents served and filed with the original application were excessively redacted to the extent that even captions and headings were omitted, rather than the minimum amount of truly sensitive data. (TR. pp. 10-11.) The amended application and related materials were more appropriately redacted to only the minimum amount of sensitive data. Thus the initial concern regarding excessive redaction for the original application is moot.