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Empire Generating Co, LLC Seeks Confidential Treatment of 2024 Annual Report

Strategic Insights

— 1 min read

The New York State Public Service Commission has received a filing from Empire Generating Co, LLC regarding the confidential treatment of its 2024 Annual Report. The company submits that the report contains proprietary financial information that should be exempt from public disclosure under New York's Freedom of Information Law. Empire GenCo argues that the report includes trade secrets, which would cause substantial injury to its competitive position if disclosed.

Key Takeaways:

  • Empire Generating Co, LLC filed for confidential treatment of its 2024 Annual Report with the New York State Public Service Commission.
  • The company claims that the report contains trade secrets, including financial information, that should be exempt from public disclosure.
  • Empire GenCo argues that disclosure of the report's information would cause substantial injury to its competitive position and allow competitors to infer essential elements of its costs of doing business.
  • The company cites New York courts' decisions in interpreting the Freedom of Information Law, which have held that trade secrets and confidential commercial information imparted to an agency are exempt from disclosure.
  • Empire GenCo requests that the Commission treat the report as confidential commercially sensitive and trade secret information under Public Officers Law SS 87(2)(d) and the Commission's implementing regulation.

Statistics:

  • 16 NYCRR SS 6-1.3(a) provides a definition of trade secrets as "any formula, pattern, device or compilation of information which is used in one's business, and which provides an opportunity to obtain an advantage over competitors who do not know or use it."
  • 16 NYCRR SS 6-1.3(b)(2) lists non-exhaustive factors to consider in determining whether information should be considered a trade secret, including the extent to which disclosure would cause unfair economic or competitive damage.
  • Public Officers Law SS 87(2)(d) exempts from public disclosure records that include trade secrets or confidential commercial information.

Sources:

  • 16 NYCRR SS 6-1.3
  • Public Officers Law SSS 87(2)(d) and 89(5)(a)(1)
  • [1] New York State Department of Public Service (2022). Freedom of Information Law (FOIL) Exemptions.
  • [2] [Source omitted for lack of exact reference]
  • [3] [Source omitted for lack of exact reference]
  • [4] [Source omitted for lack of exact reference]

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