Confidential Information Exemption Request for Constellation Energy Generation, LLC

Strategic Insights -

The New York State Public Service Commission has issued a regulatory document regarding Case 15-E-0302, which involves a large-scale renewable program and a clean energy standard. Constellation Energy Generation, LLC ("Constellation") submitted a request for exception from disclosure, citing trade secret information and confidential commercial information. The company argues that the Confidential Information meets the criteria for exemption under the Public Officers Law and the Commission's Rules and Regulations.

Key Takeaways:

  • The Confidential Information constitutes trade secret information and confidential commercial information under the Public Officers Law and the Commission's Rules and Regulations.
  • The information is proprietary business information developed by Constellation, a merchant generator participating in New York's competitive electric markets.
  • The Confidential Information meets the criteria for exemption, including being known only to employees and others involved in the business, being highly valuable to competitors, and being difficult to acquire or duplicate by others.
  • Disclosure of the Confidential Information would cause substantial economic and competitive harm to Constellation and its affiliates.
  • Constellation has not publicly disclosed this information and has employed measures to ensure its secrecy.
  • The company's competitors and suppliers would gain an unfair economic or competitive advantage if the information were disclosed.
  • The Confidential Information satisfies the requirements for confidential commercial information, including actual competition and the likelihood of substantial competitive injury.

Statistics:

  • The Confidential Information is comprised of proprietary business information developed by Constellation.
  • The company has employed numerous steps internally to ensure the secrecy of the information.
  • Disclosure of the Confidential Information would provide an unfair economic or competitive advantage to competitors and suppliers.
  • Constellation and its affiliates would suffer substantial economic harm if the information were disclosed.
  • The Confidential Information meets the criteria for exemption under the Public Officers Law and the Commission's Rules and Regulations.

Sources:

  • New York State Public Service Commission: Case 15-E-0302: Proceeding on Motion of the Commission to Implement a Large-Scale Renewable Program and a Clean Energy Standard Federal Production Tax Credits Request for Exception from Disclosure
  • Public Officers Law: Section 87(2)(d)
  • Commission's Rules and Regulations: Section 6-1.3
  • Greenberg Traurig LLP represents Constellation Energy Generation, LLC ("Constellation")