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Central Hudson Seeks Confidential Trade Secret Protection for Quarterly Report on Contracts

Strategic Insights

— 2 min read

Central Hudson Gas & Electric Corporation, a leading energy provider in New York, has submitted a quarterly report on contracts issued during the Second Quarter 2025 to the New York State Public Service Commission. The report includes information about contracts valued at over $1 million, which Central Hudson claims is confidential commercial information that should be exempt from public disclosure. According to the report, disclosure of this information would harm Central Hudson's ability to secure reasonably priced competitive services for its customers, putting them at a competitive disadvantage.

Key Takeaways:

  • Central Hudson Gas & Electric Corporation submitted a quarterly report on contracts issued during the Second Quarter 2025 to the New York State Public Service Commission.
  • The report includes information about contracts valued at over $1 million, which Central Hudson claims is confidential commercial information.
  • Central Hudson is seeking confidential trade secret protection and exception from public disclosure for the report under the New York Public Officers Law and Part 6-1 of the Commission's Regulations.
  • The report includes information such as the name of the contractor, the value of the contract, the scope of work and materials provided, and service goals necessary for the contractor to meet its contractual obligations.
  • Central Hudson claims that disclosure of this information would provide other contractors with a competitive advantage, causing Central Hudson to pay higher prices for services and potentially increasing costs for customers.
  • The New York State Public Service Commission has the authority to exempt material that constitutes trade secret and/or confidential commercial information from public disclosure.

Statistics:

  • 16 NYCRR 216.4 and 16 NYCRR 351.4 require Central Hudson to submit quarterly reports on contracts valued at over $1 million.
  • The report includes information on 6 different types of data, including the name of the contractor, the value of the contract, the scope of work and materials provided, and service goals necessary for the contractor to meet its contractual obligations.
  • According to the court cases cited, companies do not need to establish actual competitive harm to claim trade secret protection; instead, they need to show the likelihood of substantial competitive injury.
  • The commercial value of the requested information to competitors and the cost of acquiring it through other means are factors considered in determining whether substantial harm exists.

Sources:

  • 16 NYCRR 216.4
  • 16 NYCRR 351.4
  • New York Telephone Company v. Public Service Commission, 58 N.Y.2d 213 (1982)
  • Mallay v. Auxiliary Services Corporation of the State University of New York at Farmingdale, 87 N.Y.2d 410 (1995)
  • Section 87 of the Public Officers Law
  • Part 6-1 of the Regulations
  • Verizon New York Inc. v. New York State Public Service Com'n, 23 N.Y.S.3d 446 (2016)

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