FERC Filings
Request of EPSA for Clarification and Rehearing of Order No. 2003-A re: Standardization of Generator Interconnection Agreements and Procedures
Disclosure of Confidential Information
In response to a request from Avista, the Commission makes revisions to Articles 22.1.10 and 22.1.11, deleting the requirement that a Party be notified when another Party receives a request from a state regulator for Confidential Information. EPSA has no objection to state regulators receiving access to Confidential Information to which they are entitled. However, it makes no sense for the Commission to delete the requirement that the Party providing the Confidential Information be notified of the pending disclosure. Fundamental fairness and the precepts of due process should preclude the secret release of Confidential Information.
The issue of whether and how to make available to state regulators confidential information developed for the purpose of participating in FERC jurisdictional wholesale markets has been a difficult one. As the Commission is aware, the issue of providing state regulators with access to confidential information is under discussion in other forums and that any policy developed in this proceeding should be consistent with how the issue is addressed elsewhere. Recently, in PJM, the Electricity Markets Committee (EMC) held several stakeholder meetings to develop the principles under which state regulators should be given access to confidential data. The principles developed by the EMC, with the input of the state commissions, address a wide range of issues and require notice of the request to the party that provided the confidential information. The PJM Members Committee approved the EMC principles, which are being reflected in a Non-Disclosure Agreement and changes to the PJM Operating Agreement, which should be filed with the Commission soon.
The Commission has recognized PJM’s leadership in this area. In the recent Order approving the New England RTO, in addressing concerns about access to confidential data raised by the New England Conference of Public Utility Commissioners (NECPUC), the Commission noted that uniformity in policy on this issue would be useful across neighboring control areas. “Accordingly, because PJM is currently in the process of developing such a policy, we will allow PJM to serve as the lead case in this matter.”
Therefore, the Commission should reverse the conclusion reached in Order No. 2003-A and, consistent with the PJM approach, return to its earlier policy of requiring notice to a Party before another Party releases Confidential Information.