Kentucky Public Service Commission Grants Confidential Treatment to Big Rivers Electric Corporation

Strategic Insights -

The Kentucky Public Service Commission (PSC) has issued an order granting confidential treatment to certain documents and information filed by Big Rivers Electric Corporation (BREC) in response to a request for information from joint intervenors Kimberly Clark Corporation and Domtar Paper Company, LLC. The order, issued on May 9, 2024, grants confidential treatment to specific documents and information related to BREC's response to Joint Intervenors' Third Request, including proprietary information regarding generators, capacity forecasts, and generator registration information.

Key Takeaways:

  • The PSC granted confidential treatment to BREC's response to Joint Intervenors' Third Request, including proprietary information regarding generators, capacity forecasts, and generator registration information.
  • The confidential treatment is granted for five years, or until further order of the Commission, and shall not be placed in the public record or made available for public inspection.
  • BREC's response to Joint Intervenors' Third Request, Item 14(c), which includes forecasted projection numeric only of Kimberly-Clark's total "take" (load less generation), is also granted confidential treatment.
  • The PSC found that disclosure of the capacity requirements of large industrial customers permits an unfair commercial advantage to competitors of the entity that disclosed the records.
  • The Commission has previously held that large industrial customers on BREC's system have a right to privacy concerning their power usage and projected needs.
  • Big Rivers Electric Corporation is represented by McNees Wallace & Nurick, LLC, and Kenergy Corp. is represented by Dinsmore & Shohl, LLP.

Statistics:

  • The confidential treatment is granted for five years, or until further order of the Commission.
  • BREC's response to Joint Intervenors' Third Request, Item 14(c), includes forecasted projection numeric only of Kimberly-Clark's total "take" (load less generation).
  • The Commission has previously found that the disclosure of information related to BREC's capacity position would place it at a competitive disadvantage in the energy market.
  • The PSC has granted confidential treatment to BREC's response to Joint Intervenors' Third Request, including proprietary information regarding generators, capacity forecasts, and generator registration information.

Sources:

  • Commonwealth of Kentucky Before the Public Service Commission, In the Matter of: Electronic Tariff Filing of Big Rivers Electric Corporation and Kenergy Corp. to Revise the Large Industrial Customer Standby Service Tariff, Case No. 2023-00312.
  • Kentucky Public Service Commission, Order Granting Confidential Treatment, May 9, 2024.