IV. Hearings

The hearings will address four key (and sometimes intersecting) issues, as follows:

A. Description of Data

The parties shall explain the nature of the procurement data listed in the matrix referred to above. Parties shall assume that the decision makers are not intimately familiar with each type of data listed in the matrix, and that a record explaining these data is necessary to an educated decision about how to treat the data. The parties should use the matrix as their starting point to explain the data, proceeding in the order the data are listed in the matrix. As noted above, the parties may supplement the matrix as necessary prior to the hearings, but should all work from a consistent matrix at the hearings.

B. Harm

The second goal of the hearings, to the extent not already covered in the matrix or testimony describing the data in the matrix, is to develop a record demonstrating how the data in the matrix are used in the market for electricity. To the extent that parties claim that public release of the data could be detrimental to ratepayers, IOUs, ESPs, CCAs, SMJUs (described below), or to the public interest generally, parties shall document such alleged harm.

If the data are already available publicly in another regulatory forum or for purchase, those claiming the records are confidential shall disclose what data are available and where. As the OIR stated, "Parties claiming the need for confidentiality must also be able to show that their information is not already in the public record at another agency or in another Commission proceeding. It is not reasonable to claim confidentiality at the Commission for information already released publicly in another forum." Parties opposing such designation may also demonstrate that the data at issue are already in the public domain.

We strongly encourage that parties present expert testimony on the issue of alleged harm from release (or sealing) of procurement related data.

C. Release of Partial Data

Parties shall also be prepared to address means of releasing partial data rather than sealing data outright. The OIR listed several such methods: partial sealing of documents; redaction; aggregation of data to mask individualized, sensitive information; delayed information release (after documents are no longer market sensitive); restriction on personnel with access to documents; use of averages, percentages or annualization of data instead of monthly or hourly data; and issuance of guidelines for parties to follow in producing redacted information (e.g., leaving headings in documents; limiting redactions to figures only; and leaving sufficient information in documents to give other parties notice of what has been redacted). Any party seeking to designate procurement data as confidential shall first address the feasibility of the foregoing methods as to each category of data.

D. Other Utilities

In comments, several parties identified other utility procurement processes - such as those of PacifiCorp and the Modesto Irrigation District - in which most data is open to public inspection. Parties familiar with these procurement processes may describe them at hearing, and demonstrate why a similar process would work for Respondents in this proceeding or otherwise further the public interest. Parties opposing such a process may present their concerns.