East Kentucky Power Cooperative Granted Confidential Treatment for Proprietary Information

Strategic Insights -

The Kentucky Public Service Commission has granted East Kentucky Power Cooperative, Inc. (EKPC) confidential treatment for proprietary information related to requests for proposals (RFPs) regarding the beneficial use of gypsum from Spurlock Units 1 and 2. EKPC argued that disclosure of this information would provide an unfair commercial advantage to competitors and undermine its ability to negotiate favorable contract terms. The Commission found that the designated material is generally recognized as confidential or proprietary and meets the criteria for confidential treatment under 807 KAR 5:001, Section 13, and KRS 61.878(1)(c)(1).

Key Takeaways:

  • EKPC sought confidential treatment for proprietary information related to RFPs regarding the beneficial use of gypsum from Spurlock Units 1 and 2.
  • The Commission granted EKPC's motion for confidential treatment, finding that the designated material is generally recognized as confidential or proprietary and meets the criteria for confidential treatment under 807 KAR 5:001, Section 13, and KRS 61.878(1)(c)(1).
  • EKPC committed to disclosing the winning bid and selection criteria once a contract is finalized, ensuring transparency at the appropriate stage.
  • The designated material granted confidential treatment by this Order shall not be placed in the public record or made available for public inspection for an indefinite period or until further order of this Commission.
  • Use of the designated material granted confidential treatment by this Order in any Commission proceeding shall comply with 807 KAR 5:001, Section 13(9).
  • EKPC shall inform the Commission and file with the Commission an unredacted copy of the designated material if it becomes publicly available or no longer qualifies for confidential treatment.
  • The Commission shall not make the requested material available for inspection for 30 days from the date of service of an Order finding that the material no longer qualifies for confidential treatment.

Statistics:

  • EKPC's original filing date: July 16, 2024.
  • The Commission received EKPC's motion for confidential treatment on July 16, 2024.
  • The Commission issued its order granting EKPC confidential treatment on December 6, 2024.
  • The designated material granted confidential treatment by this Order includes information related to RFPs regarding the beneficial use of gypsum from Spurlock Units 1 and 2.
  • EKPC submitted unredacted copies of the designated material along with its motion for confidential treatment on July 16, 2024.
  • The Commission shall deny any request for inspection of the designated material if EKPC demonstrates that it still falls within the exclusions from disclosure requirements established in KRS 61.878 within 30 days of written notice.

Sources:

  • Commonwealth of Kentucky, Public Service Commission, Order No. 2024-00109, dated December 6, 2024.
  • 807 KAR 5:001, Section 13.
  • KRS 61.878(1)(c)(1).
  • Zink v. Department of Workers' Claims, Labor Cabinet, 902 S.W.2d 825 (Ky. App. 1994).
  • Hoy v. Kentucky Industrial Revitalization Authority, 907 S.W.2d 766, 768 (Ky. 1995).