Last-minute legal maneuvering has delayed by a week a New York Public Service Commission decision on a lawmaker’s request for release of generators’ pricing information.

The commission’s secretary postponed a ruling under New York’s Freedom of Information Law on Assemblyman James Brennan’s (D-Brooklyn) appeal of a recent ruling denying his challenge to filings that redact bidding information by the state’s generators. A ruling had been expected Monday.

The commission denied a similar request from Brennan in 2014. The PSC’s records access officer denied the current petition in August. (See NYPSC Chair Zibelman Acknowledges Costs Concerns.)

In an Oct. 14 letter to the PSC, Brennan reiterated his position that disclosure by some companies should lift the veil on the others. “Once again, this demonstrates that many companies do not consider the reported information harmful and not trade secrets,” he wrote.

The Independent Power Producers of New York filed a letter on Oct. 15 that disputed the nature of the released information, saying it is not comparable to the data Brennan seeks. “That some companies release certain types of information that other companies deem confidential trade secrets has no relevance to whether information is a trade secret, no more so than the public disclosure of the recipe for Coca-Cola is relevant to whether the recipe for Pepsi is a trade secret,” IPPNY wrote.

The parties also dispute whether the PSC’s rejection of Brennan’s 2014 petition can be re-litigated.

“In light of these competing claims, a decision on the appeal will require additional time,” Secretary Kathleen Burgess wrote on Monday.

– William Opalka