Kentucky Power Company Seeks Confidential Treatment for Environmental Compliance Data

Strategic Insights -

Kentucky Power Company, a major electricity generator, is seeking confidential treatment for certain data related to its environmental compliance plan, citing concerns that public disclosure could unfairly disadvantage the company and its customers. The company has submitted a regulatory document to the Kentucky Public Service Commission, arguing that the disclosure of project cost data and operating information could harm its competitive position in the market.

Key Takeaways:

  • The company is seeking confidential treatment for Table AEV-2, which contains the results of a cost of service economic analysis prepared by Company Witness Vaughan to evaluate potential post-2031 environmental compliance options for the Mitchell Plant.
  • The analysis includes information regarding potential Mitchell Plant operations in each compliance alternative, as well as the estimated costs to implement and revenue requirement impacts of each compliance alternative.
  • Kentucky Power argues that public disclosure of this information would create a "price floor" for contractors and equipment suppliers bidding in response to requests for proposals to implement a chosen alternative, making the implementation project more expensive to the detriment of the company's customers.
  • The company's counsel, Katie M. Glass and Kenneth J. Gish, Jr., of Stites & Harbison PLLC, argue that the identified portions of Table AEV-2 should be kept confidential indefinitely to prevent an unfair commercial advantage to the company's competitors and suppliers.
  • Kentucky Power is requesting that the Commission enter an order granting confidential status to and withholding from public inspection the information contained in the identified portions of Table AEV-2.

Statistics:

  • The Mitchell Plant has a projected post-2031 environmental compliance costs of $X, which would be publicly disclosed if the company's confidentiality request is denied.
  • The company estimates that the disclosure of project cost data and operating information could result in higher costs for the Company's customers, totaling $Y.
  • 807 KAR 5:001, Section 13, allows filers to request confidential treatment for documents that contain certain types of confidential business information.
  • The Open Records Act, KRS 61.878(1), excludes from public disclosure records that are confidentially disclosed to an agency or required to be disclosed to it, including information generally recognized as confidential or proprietary.

Sources:

  • Commonwealth of Kentucky Before the Public Service Commission In the Matter of: Electronic Application of Kentucky Power Company for Approval of (1) A Certificate of Public Convenience and Necessity to Make the Capital Investments Necessary to Continue Taking Capacity and Energy From the Mitchell Generating Station After December 31, 2028, (2) An Amended Environmental Compliance Plan, (3) Revised Environmental Surcharge Tariff Sheets, and (4) All Other Required Approvals and Relief Case No. 2025-00175.
  • Kentucky Power Company's Motion for Confidential Treatment.
  • KRS 61.878(1) - Open Records Act.
  • 807 KAR 5:001, Section 13 - Filing of confidential documents.