FERC Filings
OPPOSITION OF THE ELECTRIC POWER SUPPLY ASSOCIATION TO CALIFORNIA PARTIES' MOTION TO PUBLICLY DISCLOSE RESPONSES TO STAFF'S OCTOBER 22 DATA REQUESTS CONCERNING REPORTING OF NATURAL GAS PRICES
BODY
The Commission’s investigative proceedings are, by regulation, non-public and information and documents obtained during an investigation are, also by regulation, confidential. Such across-the-board confidentiality of information and documents assists the Commission and its staff in maintaining the integrity of its investigations and precludes premature and unwarranted disclosures from being made prior to completion of an investigation. Accordingly, parties have no right to intervene or participate in investigatory proceedings and discovery rules applicable to matters set for hearing do not apply in investigatory proceedings.
The California Parties’ motion is tantamount to a discovery request to obtain information submitted with an expectation of confidentiality in the Commission’s own investigation in Docket No. PA02-2-000 for use in the above-captioned Dockets EL00-95-045 and EL00-98-042, where various matters have been set for hearing and are now subject to the Commission’s November 20, 2002 Order on Motion for Discovery Order (“Nov. 20 Discovery Order”). If the California Parties desire access to information for use in Docket Nos. EL00-95-045 and EL00-98-042, they may avail themselves of the procedures prescribed in the Nov. 20 Discovery Order. Any disputes regarding discovery would be heard by a Discovery Master, who may adopt a protective order, as appropriate, to prevent disclosure of confidential information. In light of the Nov. 20 Discovery Order, the California Parties have no compelling reason to press the Commission to make public disclosure of any information gathered in its pending investigative proceedings in Docket No. PA02-2-000.
The Commission’s west-wide investigation under Docket No. PA02-2-000 has not been heretofore conducted as a public adjudicatory proceeding under Section 206 of the Federal Power Act, and should not be conjoined or confused with the quite separate proceedings being conducted under Docket Nos. EL00-95-045 and EL00-98-042. The Commission’s investigation should continue to be conducted on a non-public basis, respecting, during the course of the investigation, the confidentiality of all information and documents gathered therein. In addition, parties in the pending adjudicatory proceedings should be assured of the opportunity in such proceedings to protect commercially sensitive information and any privileged material from public disclosure. Moreover, respondents to the data request may have previously exercised their right to request confidential treatment of specific, commercially sensitive or privileged information and materials submitted to Commission staff. The California Parties should not be allowed to circumvent the investigatory process or respondents’ rights to preserve confidential or privileged material from public disclosure or discovery.