Confidentiality

DRA is directed to treat the data as confidential under the conditions established by § 583⁵ and the Commission's General Order (GO) 66-C which governs public disclosure of information obtained by the Commission. As relevant here, exclusions from disclosure may apply to:

Reports, records, and information requested or required by the Commission, which, if revealed, would place the regulated company at an unfair business disadvantage. (GO 66-C (2.2)(b).)

And to:

Information obtained in confidence from other than a business regulated by this Commission where the disclosure would be against the public interest. (GO 66-C (2.8).)

Confidential or redacted testimony is unwieldy. Therefore, DRA and Edison are directed to employ every reasonable effort to avoid either redacted or confidential exhibits. DRA shall meet and confer with Edison prior to serving testimony in order to resolve any disclosure disputes. DRA and Edison should expeditiously bring testimony disclosure disputes to the Law & Motion ALJs or the assigned ALJ for a prompt resolution.

⁵ § 583: "No information furnished to the commission by a public utility, or any business which is a subsidiary or affiliate of a public utility, or a corporation which holds a controlling interest in a public utility, except those matters specifically required to be open to public inspection by this part, shall be open to public inspection or made public except on order of the commission, or by the commission or a commissioner in the course of a hearing or proceeding. Any present or former officer or employee of the commission who divulges any such information is guilty of a misdemeanor."