ORDER NO. 99-293

ENTERED APR 27 1999

This is an electronic copy. Appendices and footnotes may not appear.

OF OREGON

UM 918

 DISPOSITION:  SECOND MOTION FOR ADDITIONAL PROTECTION UNDER PROTECTIVE ORDER GRANTED

ScottishPower plc (ScottishPower or Company) filed a second Motion for Additional Protection Under Protective Order on March 23, 1999. Applicant seeks additional protection pursuant to paragraph 16 of the Commission’s standard protective order and Oregon Rule of Civil Procedure (ORCP) 36(C).

ScottishPower seeks additional protection for its response to Staff Data Request SP-37. The Company requests that it be allowed to restrict the disclosure of its response to this data request to Staff alone.

In support of its motion, ScottishPower claims that the data request seeks information that is extremely commercially sensitive, and disclosure to parties other than Staff will represent a risk that ScottishPower and PacifiCorp will be competitively compromised. ScottishPower asserts that the confidential information includes business strategies that could be valuable to competitors of ScottishPower and PacifiCorp, including information that could compromise the merger transaction by allowing a competitor to make a competing bid for PacifiCorp or jeopardize the transaction in other ways. In addition, ScottishPower maintains that some of the information is protected from disclosure under the attorney-client privilege and/or the work product doctrine, because it reflects communications between ScottishPower and its attorneys. While the Company is willing to disclose the information to Staff, it believes additional protection is necessary to preserve the privileges. Finally, ScottishPower contends that disclosure of this information would affect the ability of its Board of Directors to candidly debate highly sensitive issues and rigorously review management issues.

The Commission finds that ScottishPower has made an initial showing of the need for additional protection. We note that the time for replies or responses to the motion has expired, and neither Staff nor any other party to this proceeding has objected to ScottishPower’s request. Under the circumstances we will grant the motion for additional protection. We again caution that this order should not be used as general precedent in support of protection beyond that granted under the Commission’s standard protective order. Prior orders granting additional protection have been narrow rulings that have been considered on a case-by-case basis.

ORDER

IT IS ORDERED that:

1. The second Motion for Additional Protection Under Protective Order filed by Scottish Power plc on March 24, 1999, is granted.
2. ScottishPower plc is authorized to restrict disclosure of its response to Staff Data Request SP-37 to Staff.

Made, entered, and effective ____________________________.

A party may request rehearing or reconsideration of this order pursuant to ORS 756.561. A request for rehearing or reconsideration must be filed with the Commission within 60 days of the date of service of this order. The request must comply with the requirements of OAR 860-014-0095. A copy of any such request must also be served on each party to the proceeding as provided by OAR 860-013-0070. A party may appeal this order to a court pursuant to ORS 756.580.