IV. Request to File Under Seal
Applicant requests that the financial information filed with this application be filed under seal. The financial information consists of Applicant's balance sheet and income statement. Applicant represents that the information is proprietary and sensitive. The information, if revealed, would place Applicant at an unfair business disadvantage. We have granted similar requests in the past and will do so here.
1. Applicant failed to fully respond to the ALJ's October 27, 2000 request for information.
2. Applicant failed to respond to the ALJ's December 3, 2001 ruling.
3. Public disclosure of Applicant's financial information would place Applicant at an unfair business disadvantage.
1. The application should not be left open indefinitely.
2. Applicant has failed to prosecute the application.
3. The application should be dismissed.
4. This order should be made effective immediately in order to clear this application from the Commission's list of active proceedings.
5. Applicant's request to file its financial information under seal should be granted for two years.
IT IS ORDERED that:
1. Application 00-09-051 is dismissed.
2. The applicant's request to have the financial information filed with this application kept under seal is granted for two years from the effective date of this decision. During that period the information shall not be made accessible or disclosed to anyone other than the Commission staff except on the further order or ruling of the Commission, the Assigned Commissioner, the assigned Administrative Law Judge (ALJ), or the ALJ then designated as Law and Motion Judge.
3. If the applicant believes that further protection of the information kept under seal is needed, it may file a motion stating the justification for further withholding of the information from public inspection, or for such other relief as the Commission rules may then provide. This motion shall be filed no later than one month before the expiration date.
4. This proceeding is closed.
This order is effective today.
Dated March 6, 2002, at San Francisco, California.
LORETTA M. LYNCH
President
HENRY M. DUQUE
RICHARD A. BILAS
CARL W. WOOD
GEOFFREY F. BROWN
Commissioners
