Confidentiality

A number of parties raise concerns about the level of information disclosure required by the ACR's proposal. Specifically, carriers are concerned that competitors, including competitors not subject to Commission regulation, could gain competitively sensitive and valuable information as a consequence of the public disclosure of construction plans. This is a valid concern, as some of the information at issue could indeed constitute trade secrets. At the same time, the policy of the Commission and of CEQA is to favor public disclosure and open decision-making.

The most precise way to balance these two concerns is through an individualized, case-specific review, in which a carrier could request that specific information be kept confidential. That request would then be considered under the Commission's policies and practices for handling confidential information. (See, Public Utilities Code section 583 and General Order 66-C.) While such an approach would assure a proper balancing of the competing needs for confidentiality and public disclosure, it is cumbersome, and inconsistent with the idea of an expedited review process.

While the record does contain some recommendations for how to address this issue (see, Comments of Southern California Edison Company, pp. 5-6), it is presently inadequate for us to develop an approach that does a good job of balancing the needs for disclosure and confidentiality in the context of an expedited process. Accordingly, we direct the assigned Commissioner and ALJ to hold workshops on this issue to develop an appropriate process for treatment of confidential information under the ETP.