ORDER NO. 99-469

ENTERED AUG 04 1999

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

OF OREGON

UP 158

DISPOSITION: MOTION FOR ADDITIONAL PROTECTION GRANTED

On July 27, 1999, Portland General Electric Company (PGE) moved for further additional protection under Paragraph 16 of the Standard protective order entered on April 8, 1999, in this proceeding (Order No. 99-247). Specifically, PGE requests that all confidential information exchanged with bidders in the Colstrip auction be disclosed to Staff alone.

Paragraph 16 of the standard protective order provides: "A person desiring additional protection may move for any of the remedies set forth in ORCP 36(C)." Paragraph 16 requires a motion for additional protection to state the parties involved, the nature of the information involved, the exact nature of the relief requested, and the specific reasons the relief is necessary.

PGE explains that although it has already requested and received a superprotective order granting certain information additional protection under Paragraph 16 of the standard order, it needs that same additional protection for information Staff has recently requested. The Colstrip auction, which is at issue in this docket, was held in two rounds. First round bids were nonbinding; final round bids were binding. Staff had previously requested the final round bids and now requests first round bids as well.

PGE asserts that the information contained in the bid documents requested by Staff is commercially sensitive and was provided to PGE under strict confidentiality agreements. Unauthorized disclosure of this information could harm the competitive positions of PGE and other sellers, could jeopardize the closing of the proposed sale, and may adversely affect future auctions of Oregon utility property. Therefore, PGE notes that while PGE does not object to Staff viewing these documents, disclosure to other parties would be very prejudicial.

The information sought to be protected is responsive to Staff Data Request No. 71 and similar Staff data requests. The previous superprotective order in this docket covered only the responses to Staff’s request for final round bids. The information Staff now seeks involves first round bids. As with the final round bids, PGE maintains that the information Staff seeks is highly confidential. PGE argues that additional protection is necessary because of the extremely sensitive commercial nature of the information sought and the risk that PGE's business will be competitively compromised by dissemination of this information to parties in the case.

The parties involved in this issue are Staff and PGE. On August 2, 1999, Staff filed a response to PGE's motion for additional protection. Staff has no objection to PGE's motion.

Disposition: PGE’s concern about harm from disclosure of commercially sensitive information is persuasive. The additional protection PGE requests should be extended to all confidential information exchanged with bidders in the Colstrip auction.

ORDER

IT IS ORDERED that the request for modification of the standard protective order filed by PGE is granted. This superprotective order protects all confidential information exchanged with bidders in the Colstrip auction. Only Staff shall have access to that information.

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 in 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(2). A party may appeal this order to a court pursuant to applicable law.