New York Public Service Commission Requests Trade Secret Status for NYSEG's Electric Service Data

Strategic Insights -

The New York State Public Service Commission has issued a document requesting trade secret status for certain non-public data filed by New York State Electric & Gas Corporation (NYSEG) in accordance with Commission orders. The orders, issued on January 28, 1999, and March 15, 2000, required utilities to file interim retail access reports on a monthly basis. NYSEG is requesting trade secret status for data that could reveal pricing information and the identity of ESCOs to competitors, which could cause unfair economic or competitive damage.

Key Takeaways:

  • NYSEG has requested trade secret status for certain non-public data filed in accordance with Commission orders.
  • The data includes information on the number of customers, amount of kWh, and ESCOs participating in NYSEG's retail access program.
  • The Commission's January 28, 1999, and March 15, 2000, orders required utilities to file interim retail access reports on a monthly basis.
  • NYSEG believes that disclosure of this information could reveal pricing information and the identity of ESCOs to competitors, causing unfair economic or competitive damage.
  • The trade secret status is requested to protect the competitive position of NYSEG's customers and ESCOs.
  • Secretary Brilling determined in 2006 that disclosure of certain information would be likely to cause substantial injury to the competitive positions of ESCOs.
  • Steven Blow's determinations in 2008 and 2010 also support the trade secret status request.

Statistics:

  • 94-E-0952 is the case number referenced in the Commission's January 28, 1999, order on competitive opportunities regarding electric service.
  • 16 NYCRR SS 6-1.3 is the regulation regarding trade secrets.
  • 16 NYCRR SS 6-1.3(b)(2)(i) states that disclosure of any information could cause unfair economic or competitive damage.
  • The number of ESCOs participating in NYSEG's retail access program is not specified.
  • The amount of kWh and Dth (decatherms) is confidential due to trade secret status request.
  • NYSEG believes that some data indicates the usage of certain retail access customers.

Sources:

  • New York State Public Service Commission, Case 94-E-0952 - In the Matter of Competitive Opportunities Regarding Electric Service -- Reporting Requirements Necessary to Monitor Competitive Policies.
  • New York State Public Service Commission, letter to parties regarding request for certain information in unredacted ESCO gas flow-through data reports for November and December 2005.
  • New York State Public Service Commission, 16 NYCRR SS 6-1.3 regulation on trade secrets.