Sign in Subscribe
Social services

Regulatory Document: Trade Secret Status Request for Non-Public Data

Strategic Insights

— 2 min read

The New York State Public Service Commission (PSC) has issued a regulatory document requesting trade secret status for non-public data filed by Rochester Gas and Electric Corporation (RG&E) in accordance with the Commission's Orders Approving Interim Reporting Requirements. The Company has submitted a request for trade secret status for certain data that could potentially reveal pricing information and the identity of energy service companies (ESCOs) to competitors.

Key Takeaways:

  • The PSC has issued a regulatory document requesting trade secret status for non-public data filed by RG&E.
  • The Company has submitted a request for trade secret status for data that could potentially reveal pricing information and the identity of ESCOs to competitors.
  • The data in question includes information on customers by service classification, kWh by service classification, and numbers of customers that have returned to jurisdictional service and left one ESCO for another.
  • Secretary Brilling determined in 2006 that disclosure of a list of ESCOs, with total number of customer and associated volume of gas of each ESCO, on a statewide basis would be likely to cause substantial injury to the competitive positions of the ESCOs.
  • Steven Blow, a regulatory expert, has made similar determinations in 2008 and 2010, concluding that current circumstances are similar to those existing at the time Secretary Brilling made her determination.
  • The Company believes that disclosure of such information could adversely affect the competitive position of its customers and ESCOs by revealing pricing information and the identity of ESCOs to competitors.

Statistics:

  • The Commission required the utilities to file interim retail access reports on a monthly basis, including data on customers by service classification, kWh by service classification, and numbers of customers that have returned to jurisdictional service and left one ESCO for another.
  • The PSC left the determination of the trade secret status of information filed in the required reports to the operation of the processes set forth in provisions of the Public Officers Law and Commission regulations.
  • Secretary Brilling determined in 2006 that disclosure of a list of ESCOs, with total number of customer and associated volume of gas of each ESCO, on a statewide basis would be likely to cause substantial injury to the competitive positions of the ESCOs.

Sources:

  • 16 NYCRR SS 6-1.3 (regulations regarding trade secrets)
  • Letter to Parties Regarding Request for Certain Information in Unredacted ESCO Gas Flow-Through Data Reports for November and December 2005 (Trade Secret 06-1), dated October 20, 2006.
  • Request for a Copy of the Unredacted ESCO Gas Flow-Thru Data Reports for November 2007 and January 2008 (Trade Secret 08-1), dated May 19, 2008.
  • Request for Records Showing 2009 Breakdown of Revenue and Number of Residential Customers for Gas & Electric per ESCO per Utility Company (Cases 93-G-0932 and 94-E-0952), dated March 16, 2010.

Read more