Many parties have made arguments relating to the appropriate level of confidentiality of information in the RPS process. We delegate the resolution of this issue to the assigned Administrative Law Judge (or the Law-and-Motion Administrative Law Judge).39 Among other things, it is possible that any determination of the scope of confidentiality may need to be modified as the RPS program implementation proceeds. An ALJ Ruling is more readily adjustable than a Commission decision. At this stage of this proceeding, confidentiality issues are more appropriately addressed by means of a ruling than by decision.
39 The ALJ may decide this issue on the present record or may request additional briefing or argument.