Con Edison Seeks Trade Secret Status for Transaction Confirmation

Con Edison, a major utility company in New York, has submitted a request to the New York State Public Service Commission to grant trade secret status for a portion of their Transaction Confirmation. The document, dated June 10, 2025, contains pricing and related terms for the purchase of capacity from a counterparty, which Con Edison claims would be harmful to their competitive position if disclosed. The company argues that disclosure of the terms would adversely affect the forward market for energy and capacity, as well as hinder their ability to negotiate Master Agreements and corresponding transactions.

Key Takeaways:

• Con Edison submitted a request to the New York State Public Service Commission to grant trade secret status for a portion of their Transaction Confirmation.
• The document contains pricing and related terms for the purchase of capacity from a counterparty.
• Con Edison claims that disclosure of the terms would harm their competitive position and hinder their ability to negotiate Master Agreements and corresponding transactions.
• The company argues that disclosure would adversely affect the forward market for energy and capacity.
• Con Edison cites 16 NYCRR 6-1.3 as the basis for their request, which sets forth the requirements for trade secret status.
• The redacted information in the Transaction Confirmation must be disclosed for trade secret status to be granted.
• The commission will review the request and may ask questions or request additional information.

Statistics:

• The Transaction Confirmation contains pricing and related terms for the purchase of capacity from a counterparty.
• Con Edison claims that disclosure of the terms would harm their competitive position and hinder their ability to negotiate Master Agreements and corresponding transactions.
• The forward market for energy and capacity would be adversely affected if the terms were disclosed.
• 16 NYCRR 6-1.3 sets forth the requirements for trade secret status in New York.

Sources:

• New York State Public Service Commission, "Re: Con Edison Transaction Confirmation - Matter Number 25-01186" [no date provided]