Kentucky Public Service Commission Grants Confidential Treatment to Duke Energy Kentucky for Economic Development Incentive Service Agreement

Strategic Insights -

The Kentucky Public Service Commission has issued an order granting confidential treatment to Duke Energy Kentucky, Inc. for an economic development incentive service agreement with Diversey, Inc. The commission found that the information included in the agreement is generally recognized as confidential or proprietary, and its public disclosure could give the customer's competitors and/or vendors a potential advantage in negotiating transactions.

Key Takeaways:

  • The Kentucky Public Service Commission has granted confidential treatment to Duke Energy Kentucky, Inc. for an economic development incentive service agreement with Diversey, Inc. for a period of ten years.
  • The commission found that the information included in the agreement is generally recognized as confidential or proprietary, and its public disclosure could compromise the competitive position of the customer.
  • The agreement includes detailed usage and billing information for one specific customer, including the precise amount of energy consumption and pricing of electric services for a specific facility.
  • The commission has previously granted confidential treatment relating to customer-specific usage data and customer-specific billing information in multiple cases.
  • Duke Kentucky must inform the commission and file an unredacted copy of the designated material if it becomes publicly available or no longer qualifies for confidential treatment.
  • Nonparties to this proceeding will have 30 days from receipt of written notice of the request to demonstrate that the material still falls within the exclusions from disclosure requirements established in KRS 61.878.

Statistics:

  • 10 years: The duration of the confidential treatment granted to Duke Energy Kentucky, Inc.
  • 3: The number of previous cases where the commission granted confidential treatment relating to customer-specific usage data and customer-specific billing information.
  • 30 days: The time period allowed for Duke Kentucky to demonstrate that the material still falls within the exclusions from disclosure requirements established in KRS 61.878.
  • 1 customer: The specific customer whose interest is protected by the confidentiality agreement.

Sources:

  • Kentucky Public Service Commission. (2024, April 1). In the Matter of: Electronic Tariff Filing of Duke Energy Kentucky, Inc. for Approval of an Economic Development Incentive Service Agreement with Diversey, Inc. Case No. 2022-00394.
  • Kentucky Public Service Commission. (2021, September 10). Electronic Application of Eat Kentucky Power Cooperative, Inc. for a General Adjustment of Rates, Approval of Depreciation Study, Amortization of certain Regulatory Assets, and Other General Relief, Case No. 2021-00103.
  • Kentucky Public Service Commission. (2021, March 22). Electronic Tariff Filing of Duke Energy Kentucky, Inc. of a Natural Gas Service Minimum Usage Agreement and a Petition for Confidential Treatment, Case No. 2020-00041.
  • Kentucky Public Service Commission. (2020, June 30). Electronic Application of Big Rivers Electric Corporation for Approval to Modify its MRSM Tariff, Cease Deferring Depreciation Expenses, Establish Regulatory Assets, Amortize Regulatory Assets, and Other Appropriate Relief, Case No. 2020-00064.