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Commission Opposes RESA And NRG’s Request For Confidential Treatment Of Information Relating To A Supplier’s Energy Assistance Household (EAH) Customers
From Staff Reply:
[ *** ] As discussed in section II, Maryland strongly favors disclosure of information held by Maryland government agencies. As discussed in section III, there is an exemption from disclosure for confidential information but a party that claims that information is confidential bears the burden of demonstrating the disclosure of this information would cause significant competitive harm to the party. RESA has not satisfied this burden. However, if the Commission decides that the supplier EAH information is confidential, the Commission should require the supplier that filed the response to disclose the information to a party that executes a non-disclosure agreement (“NDA”), as discussed in section IV. An NDA would require that the party that accesses the information to utilize the information for the purpose of this proceeding alone, which means that the party cannot utilize the information to gain a competitive advantage over the party that disclosed the information (the Disclosing Party). [ *** ]
Staff Reply
RM78 (09/02/2022)
