Discussion

Public policy favors the submission of utility tax returns to the Commission - here to DRA - so that the financial affairs of the utility are better understood and therefore the public and ratepayers are protected. But the most compelling issue raised by DRA is its need to examine the underlying historical facts of the tax treatment and benefits associated with nuclear decommissioning trust funds which are relevant to the calculation of Edison's revenue requirement forecast. The tax returns therefore lie at the heart of this proceeding.

Even without a response by Edison, we can foresee a concern about the confidential nature of tax returns. Edison's limited expectation of confidentiality may be protected by submitting the tax records to the Commission and DRA with a request that they be held confidential in the case of third-party inquiries. Edison is ordered to provide the requested state and federal tax income returns for tax years 2000 through to the most recently filed returns.

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