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Tariffs

Kentucky Public Service Commission Grants Confidential Treatment to Kimberly-Clark in Electric Tariff Filing Case

Strategic Insights

— 1 min read

The Kentucky Public Service Commission has issued an order granting confidential treatment to certain documents and information submitted by Kimberly-Clark Corporation in response to a request for information from Big Rivers Electric Corporation and Kenergy Corp. The order, dated April 30, 2024, finds that the designated material contains proprietary and confidential information that would place Kimberly-Clark at a competitive disadvantage if disclosed.

The confidential material includes portions of the direct testimony of Steven Cassady, Exhibits 1, 2, and 3, and portions of the direct testimony of Timothy Hondale. The Commission finds that disclosure of this information would result in an unfair commercial advantage to competitors of Kimberly-Clark and would be in violation of the exceptions to the free and open examination of public records.

Key Takeaways:

  • The Kentucky Public Service Commission has granted confidential treatment to certain documents and information submitted by Kimberly-Clark Corporation in response to a request for information from Big Rivers Electric Corporation and Kenergy Corp.
  • The confidential material includes portions of the direct testimony of Steven Cassady, Exhibits 1, 2, and 3, and portions of the direct testimony of Timothy Hondale.
  • The Commission finds that the disclosure of this information would result in an unfair commercial advantage to competitors of Kimberly-Clark and would be in violation of the exceptions to the free and open examination of public records.
  • The confidential material will not be placed in the public record or made available for public inspection for five years or until further order of the Commission.
  • Kimberly-Clark shall file an unredacted copy of the designated material with the Commission if the material becomes publicly available or no longer qualifies for confidential treatment.

Statistics:

  • The confidential material includes 5 exhibits and portions of 2 direct testimonies.
  • 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".
  • The Commission has also found that disclosing "annual operating costs would result in competitive injury".

Sources:

  • Kentucky Public Service Commission
  • KRS 61.870 through 61.884
  • KRS 61.872(1)
  • KRS 61.878(1)(a)
  • KRS 61.878(1)(c)(1)
  • 807 KAR 5:001, Section 13

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