Eight Point Wind, LLC Requests Exemption from Public Disclosure for Sound Complaint Report

Strategic Insights -

The New York State Public Service Commission has received a request from Eight Point Wind, LLC ("Eight Point") to exempt portions of its Sound Complaint Report from public disclosure. The report contains trade secret and confidential commercial information regarding the technical specifications of wind turbines and operational load data. Eight Point's attorneys, READ AND LANIADO, LLP, argue that disclosure of this information would cause substantial economic harm to Eight Point and its vendors, placing them at a competitive disadvantage. The company claims that the information is not publicly known and that its disclosure would be an unfair advantage to competitors.

Key Takeaways:

  • Eight Point Wind, LLC has submitted a request to the New York State Public Service Commission to exempt portions of its Sound Complaint Report from public disclosure.
  • The report contains trade secret and confidential commercial information regarding wind turbine technical specifications and operational load data.
  • Eight Point's attorneys argue that disclosure of this information would cause substantial economic harm to the company and its vendors.
  • The company claims that the information is not publicly known and that its disclosure would be an unfair advantage to competitors.
  • The New York Freedom of Information Law (FOIL) and Subpart 6-1 of the Commission's regulations provide mechanisms for excluding trade secret and confidential commercial information from public disclosure.
  • Eight Point's vendor has explicitly restricted the disclosure of the technical information, and the company claims that public dissemination would cause substantial economic harm.
  • Disclosure of the sound power level information would allow competitors to gain a competitive advantage in the wind turbine industry.
  • The operational load data contains highly sensitive, proprietary information concerning wind speeds and production hours.
  • Competitors could use this information to calculate Eight Point's production costs and engage in predatory pricing or other unfair business practices.

Statistics:

  • The wind turbine vendor industry is highly competitive, with several vendors continuously trying to improve their product compared to their competitors.
  • The sound power level information is highly valuable to Eight Point's vendor's competitors, as its disclosure would allow them to gain an unfair competitive advantage.
  • Eight Point's corporate parent and affiliated companies compete in the renewable energy credit solicitations conducted by the New York State Energy Research and Development Authority.
  • The operational load data contains highly sensitive, proprietary information concerning wind speeds and production hours.

Sources:

  • New York State Public Service Commission, Case 17-F-0597 - Application of Eight Point Wind, LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10.
  • Public Officers Law (POL) SSSS 84-90 - New York Freedom of Information Law (FOIL).
  • Subpart 6-1 of the New York State Public Service Commission's regulations.