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Kentucky Public Service Commission Grants Confidential Treatment to LG&E/KU Documents

Strategic Insights

— 1 min read

The Kentucky Public Service Commission has granted confidential treatment to several documents filed by Louisville Gas and Electric Company and Kentucky Utilities Company (LG&E/KU) regarding their response to the winter storm Elliott case. The documents contain sensitive information related to emergency contingency plans, non-public transmission function information, and confidential personal information.

Key Takeaways:

  • LG&E/KU sought confidential treatment for six attachments in their supplemental response to the Commission Staff's First Request, Item 86, which reveal details of emergency contingency plans related to adequacy and stability of the electric system.
  • The Commission granted confidential treatment for these attachments for an indefinite period in their entirety, finding that disclosure could create serious security concerns by exposing vulnerabilities of public utility critical systems.
  • LG&E/KU also sought confidential treatment for eight attachments containing non-public transmission function information, which the Commission granted indefinitely or until the information becomes public, to ensure transmission function employees function independently of marketing function employees.
  • The Commission granted confidential treatment for certain customer-specific data contained in two additional attachments, including customer names and load information, finding that disclosure would constitute a clearly unwarranted invasion of personal privacy.
  • The Commission issued an order granting LG&E/KU's petition for confidential treatment and directed that the designated material granted confidential treatment shall not be placed in the public record or made available for public inspection indefinitely.

Statistics:

  • 6 attachments granted confidential treatment in their entirety for emergency contingency plans related to adequacy and stability of the electric system.
  • 8 attachments granted confidential treatment indefinitely or until the information becomes public for non-public transmission function information.
  • 2 attachments granted confidential treatment for confidential personal information, including customer names and load information.
  • The Commission directed that the designated material granted confidential treatment shall not be placed in the public record or made available for public inspection indefinitely.

Sources:

  • Joint Petition of LG&E/KU for Confidential Treatment (Petition)(filed Mar. 8, 2024)
  • Order in the Matter of: Electronic Investigation of Louisville Gas and Electric Company and Kentucky Utilities Company Service Related to Winter Storm Elliott Case No. 2023-00422
  • KRS 61.878
  • 18 CFR 388.113
  • 18 CFR SS 358.5(a) and 358.6(a)

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