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Duke Energy Kentucky's Confidential Treatment Request Granted by PSC

Strategic Insights

— 1 min read

The Kentucky Public Service Commission (PSC) has approved Duke Energy Kentucky, Inc.'s (Duke Kentucky) request for confidential treatment for certain information related to the conversion of its wet flue gas desulfurization system and environmental compliance plan. The request, filed on April 17, 2025, sought to keep vendor pricing solicitation and contract term negotiations for MEL supply confidential. After considering the petition, the PSC found that the highlighted information meets the criteria for confidential treatment and will be exempt from public disclosure for ten years.

Key Takeaways:

  • Duke Energy Kentucky, Inc. filed a petition on April 17, 2025, requesting confidential treatment for vendor pricing solicitation and contract term negotiations related to MEL supply.
  • The petition was filed in response to Commission Staff's Third Request for Information, and the requested information was submitted as Attachment to Item 1.
  • The Kentucky Public Service Commission (PSC) is a public agency subject to Kentucky's Open Records Act, which requires public records to be open for inspection by any person, except as otherwise provided by KRS 61.870 to 61.884.
  • Duke Kentucky argued that disclosure of the requested information would provide a commercial disadvantage and that it should be treated confidentially pursuant to KRS 61.878(1)(c)(1).
  • The PSC found that the highlighted information is generally recognized as confidential or proprietary, and its disclosure would permit an unfair commercial advantage to competitors of the disclosing party.
  • The PSC granted Duke Kentucky's petition for confidential treatment for the requested information for a period of ten years.

Statistics:

  • The PSC received Duke Kentucky's petition on April 17, 2025.
  • The petition was filed in response to Commission Staff's Third Request for Information, which was issued on April 7, 2025 (Source: Petition).
  • The requested information included vendor pricing solicitation and contract term negotiations for MEL supply.
  • The PSC has determined that the highlighted information should be exempt from public disclosure for a period of ten years.

Sources:

  • Commonwealth of Kentucky, Before the Public Service Commission, In the Matter of: Electronic Application of Duke Energy Kentucky, Inc. for a Certificate of Public Convenience and Necessity to Convert Its Wet Flue Gas Desulfurization System, Case No. 2025-00002.
  • Petition for Confidential Treatment of Duke Kentucky for Certain Responses to Commission Staff's April 7, 2025 Third Request for Information.

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