Maryland Staff: OPC Should Have Access to Retail Suppliers' Confidential Filings in Marketing, Customer Protection Review

The Office of People's Counsel should have access, subject to a confidentiality agreement, to confidential materials submitted by Maryland retail energy suppliers as part of a generic PSC investigation into marketing practices and customer protections (PC 35), Maryland PSC Staff have recommended

"It is Staff’s position that access to any truly confidential and commercially sensitive information provided by the retail suppliers should be granted to OPC by the suppliers to whom the information belongs subject to a confidentiality agreement or Protective Order. To the extent suppliers are unwilling to provide access to these documents voluntarily, and absent a directive from the Commission, OPC may seek access through a Freedom of Information request," Staff said.

Staff said that, "The Confidential Materials filed by the retail gas and electric suppliers subject to PC 35 are in the Commission’s custody and may be considered public records within the meaning of Section 10-611(h) of the State Government Article, Maryland Annotated Code because these documents were received by the Commission in connection with the transaction of public business."

"With regard to the confidentiality of the commercial data provided by the retail suppliers, Staff believes that such data is regarded by the industry as confidential in that it may be highly sensitive and its involuntary sharing with other suppliers may adversely affect the conduct and profitability of their businesses. It is Staff’s position that such information should not be open for inspection by members of the public, other retail suppliers, or even energy advocates generally. However, withholding of the retail suppliers’ confidential commercial data from OPC serves no compelling public or private purpose. To the contrary, the public interest is better served in this instance by allowing OPC access to this information. OPC has offered to sign a confidentiality agreement with all retail suppliers. Staff has reviewed the Confidentiality Agreement proffered by OPC and believes it is adequate," Staff said.

"Staff recommends that OPC be granted access to the confidential information filed in PC 35 subject to a confidentiality agreement or protective order. Because the restriction against disclosure is mandatory, the confidential information should go to OPC directly from the retail suppliers, and the Commission filings should not be open to members of the public or other suppliers," Staff said.