Proposed Modifications to RPS Confidentiality Rules
The Commission has issued both a Proposed Decision ("PD") and Alternate PD ("APD") on Energy Division's proposal to modify the confidentiality rules for the RPS Program. In general, the PD and APD agree that the same rule for the RPS Compliance Report data should be applied on IOUs, ESPs, and CCAs. The two proposals differ around issues dealing with length of confidentiality protections for various types of data. Opening Comments are due October 6, 2021 and reply comments are due October 11, 2021.
The following is a table and summary of the both the PD and APD's changes:
The PD and APD would adopt the Staff Proposal to apply the same RPS confidentiality for the RPS Compliance Report data of the IOUs, ESPs, and CCAs. This is consistent with the recommendation of CalCCA and the Joint IOUs.
The PD and APD would both adopt the Staff Proposal to reduce the time period for which load forecast data and renewable net short positions are treated as confidential from 3 years in the future down to 2 years in the future.
Both the PD and APD agree that the relevant analysis for contract price confidentiality is (i) whether the confidentiality window is reasonable and (ii) if not, what a suitable window is. Both note that the current confidentiality window (3 years after COD), in practice, results in confidentiality protection of 5-10 years, which is excessive considering that projects come online is less than 3 years. PD Proposal: The sooner of 30 days after COD or three years after contract execution. APD Proposal: 6 Months after contract execution.
Both the PD and APD find that a contract amendment does not alter the confidentiality requirements that apply to prior versions of the contract. The PD and APD clarify that a contract amendment is public 30 days after the new contract amendment date. The PD and APD’s phrasing is somewhat confusing on this point and there could be value in clarifying that this only applies if a contract is already public.
Both the PD and APD would make aggregated IOU bid information available for shortlisted bids and bids that do not reach the shortlisting stage once the final contract is submitted for CPUC approval, as long as at least three bidders are in the resource category. The PD and APD differ in that the PD would make individual IOU bidder information publicly available 3 years after the close of the RPS solicitation, while the APD would shorten this window to 1 year after the final contract from the solicitation is approved (or the close of the solicitation if no contract is executed).
The APD and PD find that the new confidentiality rules should only apply to contracts executed after the effective date of the CPUC’s decision. RPS Compliance Reports submitted after January 1, 2022 must follow the new rules.
