SoCalGas' Motion for Protective Order

SoCalGas has also filed a motion for a protective order pursuant to Pub. Util. Code § 583 and General Order 66-C, prohibiting disclosure, except to Commission employees, of portions of the Additional Prepared Direct Testimony for Energy Edge Program Shareholder Earnings Claim - Program Verification (Additional Testimony). SoCalGas argues that this testimony contains confidential customer information, by name, address, telephone number, and contact person. SoCalGas filed and served its Additional Testimony with the confidential customer information redacted and filed copies of the unredacted version in sealed envelopes together with this motion, while it served redacted copies with the motion. SoCalGas represents that it has provided ORA with unredacted copies of the testimony for verification purposes "subject to the restrictions of § 583 and G.O. 66-C." It further states that it seeks a protective order "ordering its (ORA's) staff to maintain the confidence of this Confidential Information of SoCalGas' customers." At the PHC, SoCalGas agreed to provide unredacted copies of the Additional Testimony to the Energy Division and to TURN.

We agree with SoCalGas that customer data is confidential and is subject to the protections of § 583 and GO 66-C. However, it is not necessary to rule on SoCalGas' motion at this time. The customer data is contained in supplemental testimony. Under Commission rules, testimony is served but not filed. SoCalGas has appropriately served redacted copies of the testimony although it has agreed to provide ORA, Energy Division, and TURN with unredacted copies. ORA and Energy Division staff, including any consultants or expert witnesses retained by ORA or Energy Division are required to maintain the confidentiality of this information pursuant to § 583 and GO 660-C, thus making a protective order unnecessary. With respect to TURN or any other party that requests unredacted copies of the Additional Testimony, SoCalGas may seek an appropriate nondisclosure agreement.

At this time, we do not know whether it will ever be necessary to offer the unredacted testimony into evidence. The most likely scenario is that the parties will confirm SoCalGas' verification and stipulate to the amount of the earnings claim. If the earnings claim is not subject to stipulation and there is a need to offer the unredacted testimony into evidence, SoCalGas may renew its motion for a protective order.