Confidential Treatment Granted for Third-Party Appraisal Report

Strategic Insights -

On April 28, 2025, the Kentucky Public Service Commission issued an order granting confidential treatment for a third-party appraisal report for the Riverport Central Service Shop, a facility owned by Louisville Gas and Electric Company (LG&E). The report, which contains commercially sensitive information, was deemed confidential due to the potential for competitive harm if disclosed publicly.

Key Takeaways:

  • The Kentucky Public Service Commission granted LG&E's petition for confidential treatment for the third-party appraisal report.
  • The report contains commercially sensitive information that is not publicly available and is critical to the success of LG&E's foreseeable real estate transactions.
  • The Commission found that the report is generally recognized as confidential or proprietary, meeting the criteria for confidential treatment under 807 KAR 5:001, Section 13, and KRS 61.878(1)(c)(1).
  • The designated material granted confidential treatment shall not be placed in the public record or made available for public inspection until such time as the real estate transactions for the Riverport Central Service Shop have closed, or until further order of the Commission.
  • LG&E must inform the Commission if the designated material becomes publicly available or no longer qualifies for confidential treatment, and file an unredacted copy with the Commission.
  • Non-parties requesting to inspect the material granted confidential treatment must give LG&E 30 days' written notice, allowing LG&E to demonstrate that the material still falls within the exclusions from disclosure requirements established in KRS 61.878.

Statistics:

  • The confidential treatment was granted for an indefinite period, pending the closure of the real estate transactions for the Riverport Central Service Shop.
  • The third-party appraisal report contains commercially sensitive information that is not publicly available.
  • The report is critical to the success of LG&E's foreseeable real estate transactions.
  • The Commission received LG&E's petition for confidential treatment on April 28, 2025.
  • The designated material granted confidential treatment comprises a third-party appraisal report.

Sources:

  • COMMONWEALTH OF KENTUCKY BEFORE THE PUBLIC SERVICE COMMISSION In the Matter of: ELECTRONIC APPLICATION OF LOUISVILLE GAS AND ELECTRIC COMPANY FOR AUTHORITY TO TRANSFER THE RIVERPORT DISTRIBUTION CENTER PURSUANT TO KRS 278.218 ) ) ) ) ) CASE NO. 2025-00104 O R D E R (filed on April 28, 2025).
  • 807 KAR 5:001, Section 13, and KRS 61.878.