By William Opalka
The New York Public Service Commission for the second time rejected a New York assemblyman’s attempt to force the disclosure of bidding information from the state’s generators (13-01288).
James Brennan (D-Brooklyn) had appealed Freedom of Information Law rulings by the Records Access Officer in 2014 and this year that deemed such information protected trade secrets. (See Generator Records Ruling Expected This Week.)
“Assembly member Brennan, however, fails to point to any new facts or circumstances that have developed over the past year which would warrant a departure from the 2014 appeal determination,” commission Secretary Kathleen Burgess wrote in a 26-page determination Tuesday.
Brennan had charged that the New York wholesale market was not competitive and that the bidding information filed by the state’s utilities, which is redacted in their filings, is available in other publicly available sources.
The Independent Power Producers of New York responded that information in the New York filings is incomplete and could be misinterpreted.
“A thorough review of those documents shows that the entities proved the existence of competition in the wholesale energy markets and that disclosure of the information at issue would cause substantial competitive injury to the entities participating in those markets,” Burgess wrote.
In a cover letter announcing the ruling, Burgess said she was directing PSC staff to share it with FERC and the NYISO Independent Market Monitor to “request their respective opinions as to whether release of the information at issue in this determination would result in substantial competitive injury to the market participants.”
Brennan in a statement on Wednesday indicated the ruling is not the last word. “It is disappointing that the Public Service Commission chooses to conceal what should be public records of New York’s utility industry. My office will continue to fight to bring sunshine to electricity prices in New York,” he said. “Authentic competition does not exist in New York electricity markets. Instead, the power producers benefit from an administered market where prices are set way above cost to allow massive profits. That is why the industry needs reform.”
IPPNY CEO Gavin Donohue said Wednesday that Brennan “neither appreciates the consumer benefits nor understands the mechanics” of New York’s uniform clearing price auctions.
“Keeping the financial and operational data of generators private is critical to ensuring competitive bids. If that data were to become public, a generator could use the information to determine how much it could raise its bids into the market and still remain below the bids of its competitors,” he said in a statement.
“That’s why the information in question is considered a trade secret. I’m sure that the assemblyman wouldn’t expect Coca-Cola to reveal its secret recipe or McDonald’s to divulge how it prepares its special sauce, but that’s exactly what he’s asking of the power sector. Fortunately, yesterday’s decision by the PSC secretary will protect consumers from a very poor course of action.”