VI. Pending Motion

Concurrent with the filing of their joint application, Applicants filed a motion for authority to file financial and customer information under seal pursuant to Rule 45 of the Commission's Rules of Practice and Procedure. A copy of the confidential information was attached to the motion as Exhibit A.

Applicants represent that the financial and customer information tendered under seal contains confidential and sensitive information not currently available to the general public and applicant's competitors and, if revealed, would place Applicants at an unfair business disadvantage. However, Applicants also represent that the sealed information would be made available to those interested parties with a need to review such data upon the signing of a non-disclosure agreement. In this regard, Applicants request that the Commission adopt their nondisclosure agreement attached to the motion as Exhibit B. There was no filed opposition to applicant's motion to place the financial and customer information under seal.

Applicants have stated grounds, under General Order 66-C and authority therein cited, to submit the financial and customer information under seal. Good cause appearing, the financial and customer information placed under seal should remain under seal for a period of one year from the date of this order. The sealed information should not be accessible or disclosed to anyone other than Commission staff during the one year time period. However, the sealed information may be disclosed upon the execution of a mutually accepted nondisclosure agreement or on further order or ruling of the Commission, the Administrative Law Judge (ALJ) then designated as the Law and Motion Judge, the assigned ALJ, or the assigned Commissioner.