Public Utilities Commission Grants Extraordinary Protection for Highly Confidential Information in Insurance Proceeding

Strategic Insights -

The Public Utilities Commission of the State of Colorado has granted Public Service Company of Colorado's (PSCo) unopposed motion for extraordinary protection of highly confidential information related to its insurance needs with various insurers, citing concerns that public disclosure could disadvantage Xcel Energy's negotiating position for future insurance and jeopardize its relationship with insurers. The Commission deemed the Application complete and established a procedural schedule, which included a remote en banc evidentiary hearing. The requested extraordinary protection was granted, waiving response time, and further discovery disputes and motions for extraordinary protection regarding discovery matters were referred to an Administrative Law Judge.

Key Takeaways:

  • The Commission granted Public Service Company of Colorado's (PSCo) unopposed motion for extraordinary protection of highly confidential information, citing concerns that public disclosure could disadvantage Xcel Energy's negotiating position for future insurance and jeopardize its relationship with insurers.
  • The Commission deemed the Application complete and established a procedural schedule, which included a remote en banc evidentiary hearing.
  • The requested extraordinary protection was granted, waiving response time.
  • Further discovery disputes and motions for extraordinary protection regarding discovery matters were referred to an Administrative Law Judge.
  • The Commission found good cause to grant the requested relief, as the Motion and its attachments demonstrated a showing that the information for which highly confidential protection is sought is highly confidential.
  • The Commission also found that the protection afforded by its rules provides insufficient protection for the highly confidential information and that the proposed protections will afford sufficient protection for the highly confidential information.

Statistics:

  • The unopposed motion for extraordinary protection was filed by Public Service Company of Colorado on October 9, 2024.
  • The Commission deemed the Application complete on October 4, 2024.
  • The remote en banc evidentiary hearing is scheduled.
  • The Motion includes a showing that the information for which highly confidential protection is sought is highly confidential.
  • The protection afforded by the Commission's rules provides insufficient protection for the highly confidential information.

Sources:

  • Before the Public Utilities Commission of the State of Colorado, Decision No. C24-0774-I (October 24, 2024)
  • 4 Code of Colorado Regulations ("CCR") 723-1