[Please note that comment and reply comment dates below were extended for some parties per Administrative Law Judge Manisha Lakhanpal’s September 30, 2021 Ruling Re Allowing Parties in Rulemaking 05-06-040 to File Comments on Proposed Decision and Alternate Proposed Decision Issued in Rulemaking 18-07-003. See our update here].
The California Public Utilities Commission (CPUC) has issued alternative draft decisions recommending changes to the confidentiality rules that protect competitively sensitive energy prices and other terms in Renewables Portfolio Standard (RPS) contracts from public disclosure.
The Proposed Decision (PD) issued by Administrative Law Judges Lakhanpal and Sisto revises the confidentiality matrix for RPS procurement records, which was originally adopted in Decision 06-06-066. Specifically:
The ALJs’ Proposed Decision responds to legal arguments raised by utilities, Direct Access service providers, and independent energy producers by finding that the public has a constitutional and statutory right to “access most government information” and that statutes protecting the confidentiality of market data and trade secrets must be narrowly construed in favor of public access.
The Alternate Proposed Decision of Assigned Commissioner Rechtschaffen differs from the ALJs’ Proposed Decision in several areas:
Comments are due on the Proposed Decision and Alternate Proposed Decision on October 6. Reply comments are due October 11.
The Proposed Decision and Alternate Proposed Decision may be included on the agenda for a vote at the CPUC’s October 21 business meeting.
Contact: Andy Brown or Jed Gibson