ALJ Denied SDCP/CEA Motion to Compel Public Disclosure

The ALJ agrees that SDG&E’s justification for withholding data was too vague and inconsistent to meet the burden of proof for withholding data as confidential. However, the ALJ ruled that SDCP and CEA failed to demonstrate any harm from the withholding. As such, rather than order public disclosure, the ALJ ordered SDG&E to resubmit its confidentiality claim and include the following:

1. re-considering whether or not any of the withheld information is genuinely confidential or if it could be reasonably released;
2. provide greater clarity and explanations for withholding data; and
3. address for each item whether or not these items have been previously withheld in SDG&E’s prior ERRA forecast applications.

‍

IT IS RULED that:

1. The motion to compel discovery is denied at this time. Moving Parties have not shown the claim of confidentiality is unreasonable and their counsel and consultants have not been denied reasonable access.

2. San Diego Gas & Electric Company (SDG&E) shall review and revise and amend its claim of confidentiality as described in this ruling.

‍

‍