Kentucky Public Service Commission Grants Partial Confidential Treatment to Kentucky-American Water Company

Strategic Insights -

The Kentucky Public Service Commission has issued an order granting partial confidential treatment to certain documents submitted by Kentucky-American Water Company in response to the Commission's second request for information. The order, dated October 26, 2023, finds that some of the material provided by the company meets the criteria for confidential treatment under KRS 61.878(1)(c)(1) and 807 KAR 5:001, Section 13. However, the Commission denied confidential treatment for other material submitted by the company.

Key Takeaways:

  • The Commission granted confidential treatment to specific material in Kentucky-American's Response to Staff's Second Request, Item 4, including insurance policy information and contract penalty amounts.
  • The Commission also granted confidential treatment to Exhibit A of the Tri-State Paving contract with pricing details.
  • However, the Commission denied confidential treatment for responses to Item 2, citing that the information is at least a year old and not subject to contract pricing and fulfillment.
  • The Commission found that the material designated for confidential treatment should not be placed in the public record or made available for public inspection for five years or until further order of the Commission.
  • Kentucky-American Water Company is required to inform the Commission if the designated material granted confidential treatment becomes publicly available or no longer qualifies for confidential treatment.
  • If a nonparty requests to inspect the material granted confidential treatment, Kentucky-American has 30 days from receipt of written notice to demonstrate that the material still falls within the exclusions from disclosure requirements established in KRS 61.878.

Statistics:

  • 5 years: the duration for which the designated material granted confidential treatment should not be placed in the public record or made available for public inspection.
  • 30 days: the timeframe within which Kentucky-American Water Company is required to inform the Commission if the designated material granted confidential treatment becomes publicly available or no longer qualifies for confidential treatment.
  • 30 days: the timeframe within which Kentucky-American has to demonstrate that the material still falls within the exclusions from disclosure requirements established in KRS 61.878 if a nonparty requests to inspect the material granted confidential treatment.

Sources:

  • Commonwealth of Kentucky Before the Public Service Commission, Case No. 2023-00030
  • Kentucky-American Water Company v. Public Service Commission, Kentucky-American Water Company's Petition for Confidential Treatment