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Kentucky Public Service Commission Grants Confidential Treatment to Kimberly-Clark in Big Rivers Electric Corporation Case

Strategic Insights

— 2 min read

Kimberly-Clark Corporation, a large industrial customer of Big Rivers Electric Corporation (BREC), has successfully requested confidential treatment from the Kentucky Public Service Commission (PSC) for certain documents and information provided in its responses to BREC and Kenergy Corporation's (Kenergy) First Requests for Information. The PSC, in a May 9, 2024 order, granted confidential treatment to Kimberly-Clark's responses to BREC and Kenergy's First Request, Item 4, Items 5a. and 5b., and Item 8, citing the need to protect proprietary and confidential information that could give competitors an unfair commercial advantage.

The confidential information includes detailed cost structures, strategies, operations, and assets of Kimberly-Clark, as well as email communications between BREC and Kimberly-Clark regarding MISO and Kimberly-Clark's proposed BTM generation. The PSC also granted confidential treatment to the Excel workbook relied upon by Steven Cassidy in his testimony, which includes detailed billing information and internal costs that would provide an unfair commercial advantage to competitors if disclosed.

The PSC has previously held that large industrial customers on BREC's system have a right to privacy concerning their power usage and projected needs, and has found that internal costs and analyses of savings are granted confidential treatment. In this case, the PSC has ordered that the designated material granted confidential treatment by this Order shall not be placed in the public record or made available for public inspection for five years or until further order of the Commission.

Key Takeaways:

  • Kimberly-Clark Corporation has successfully requested confidential treatment from the Kentucky Public Service Commission for certain documents and information provided in its responses to BREC and Kenergy's First Requests for Information.
  • The PSC granted confidential treatment to Kimberly-Clark's responses to BREC and Kenergy's First Request, Item 4, Items 5a. and 5b., and Item 8, citing the need to protect proprietary and confidential information that could give competitors an unfair commercial advantage.
  • The confidential information includes detailed cost structures, strategies, operations, and assets of Kimberly-Clark, as well as email communications between BREC and Kimberly-Clark regarding MISO and Kimberly-Clark's proposed BTM generation.
  • The PSC has previously held that large industrial customers on BREC's system have a right to privacy concerning their power usage and projected needs, and has found that internal costs and analyses of savings are granted confidential treatment.
  • The PSC has ordered that the designated material granted confidential treatment by this Order shall not be placed in the public record or made available for public inspection for five years or until further order of the Commission.

Statistics:

  • The PSC has granted confidential treatment to Kimberly-Clark's responses to BREC and Kenergy's First Request, Item 4, Items 5a. and 5b., and Item 8.
  • The confidential treatment will remain in effect for five years or until further order of the Commission.
  • The designated material granted confidential treatment by this Order includes detailed cost structures, strategies, operations, and assets of Kimberly-Clark, as well as email communications between BREC and Kimberly-Clark regarding MISO and Kimberly-Clark's proposed BTM generation.
  • The PSC has previously held that large industrial customers on BREC's system have a right to privacy concerning their power usage and projected needs.

Sources:

  • Order of the Kentucky Public Service Commission, May 9, 2024.
  • Case No. 2023-00312.
  • KRS 61.870.
  • KRS 61.878.
  • 807 KAR 5:001, Section 13.
  • Case No. 2021-00289.
  • Case No. 2015-00213.
  • Case No. 2013-00148.

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