Transparency or confidentiality at Corporation Commission

Code of Confidentiality | DeltaNet | DeltaNet

 

One renewable company is pushing back on a proposed transparency move  made by the Oklahoma Corporation Commission’s Public Utilities Division regarding storm costs of utilities seeking financial assistance.

It could mean efforts by state regulators to hold utilities accountable for detailed explanations of their exorbitant storm costs from last year could lead to a fight between transparency and confidentiality.

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Wind-farm operator NextEra Energy Marketing, LLC filed a response to the application of the division for detailed expenses by major utilities in the state stemming from the February 2021 winter storm.

In its filing, NextEra argued the disclosure of natural gas purchased from it by utilities during the storm is “highly competitive confidential and proprietary information.”

“Public disclosure of the NEM information would provide competitors of NEM access to information valuable to them in making their own competitive decisions” and in turn would harm NEM’s competitive interests,” stated the filing made by Phillips Murrah law firm hired by NextEra.

One of the principals who signed the statement was former Oklahoma Corporation Commissioner Jim Roth.

The filing also stated that the “information sought is confidential to third-parties with whom NEM contracts, and to provide said information requires their consent.”

NextEra is asking for a protective order which would require the Commission to “keep confidential” the records in question. It also wants a protective order to be issued by the Commission in the transparency proceeding. NextEra wants a hearing on its request for Thursday, Jan. 27, 2022.