Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) No confidential record shall be disclosed
except as provided by this Section, Section
2506, or Section
2508, unless disclosure is ordered
by a court of competent jurisdiction.
(b) No record that is the subject of a
pending request for confidentiality pursuant to subdivisions (a) or (c) of
Section 2505, a pending petition for
inspection or copying of confidential records pursuant to subdivision (b)(5) of
Section 2506, or a pending request
pursuant to subdivision (e)(2) and (f)(2) of this section shall be disclosed
except as provided in this section, unless disclosure is ordered by a court of
competent jurisdiction.
(c) The
Executive Director may disclose records previously designated as confidential
to:
(1) Commission employees or
representatives whose Commission work requires inspection of the
records;
(2) Persons under contract
to the Commission whose work for the Commission requires inspection of the
records and who agree in a contract to keep the records confidential;
and
(3) Other governmental bodies
and state-created private entities, such as the California Independent System
Operator, that need the records to perform their official functions and that
agree to keep the records confidential and to disclose the records only to
those employees or contractors whose agency work requires inspection of the
records.
(d) The
Executive Director may disclose data collected in association with customer
surveys of the type described in Section
1343 of Article 2 of Chapter 3 and
that are not masked or aggregated to the following entities:
(1) Demand side management program
administrators, funded through the Energy Efficiency Public Goods Charge
(EEPGC) established in Public Utilities Code Section
381(c),
which need the survey responses to perform their official functions and that
agree to keep the records confidential and to disclose the records only to
those employees, and contractors, who need that data for EEPGC program
evaluation and planning.
(2)
Utilities that opt into collaborative surveys funded by the Commission, or that
contribute funds for the implementation of a survey coordinated by the
Commission, pursuant to Section
1343(f) of
Article 2 of Chapter 3, may have access to that portion of survey responses by
customers included within their service area provided they agree to keep the
records confidential and to disclose the records only to those employees, and
contractors, who need the data for distribution system
planning.
(e) Unless an
application for confidentiality is granted under section
2505(a)(3)
specifying a different confidentiality term, data subject to an automatic
confidentiality designation under section
2505(a)(5) will
remain confidential in accordance with the following timelines:
(1) Load forecasts and supporting customer
projections by UDC distribution service area submitted pursuant to subdivision
(b) of Section
1345 of Article 2 of Chapter 3 may
be released no sooner than 3 years from the date of submittal.
(2) Retail electricity price forecasts
submitted pursuant to subdivision (a) of Section
1348 of Article 2 of Chapter 3 may
be released no sooner than 3 years from the date of submittal.
(3) Fuel price data provided pursuant to
subdivision (d) of Section
1308 of Article 1 of Chapter 3 may
be released no sooner than 5 years from the date of submittal.
(4) Electric power plant-specific hourly
generation data may be released no sooner than 5 years from the date of
submittal.
(5) LSE and UDC reports
submitted pursuant to Sections
1306,
1307, or
1308(c) of
Article 1 of Chapter 3 may be released no sooner than 5 years from the date of
submittal.
(f) The
Executive Director may release records previously designated as confidential in
the following circumstances:
(1) where the
confidential information has been masked or aggregated at the levels described
below in subdivisions (A)-(C)
(A) Data
provided pursuant to Sections
1306(a)(1),
1306(a)(4),
1306(b), Section
1307(a), and
Section 1308(c)(1) of
Article 1 of Chapter 3 may be disclosed at the following levels of aggregation
or higher:
1. For an individual LSE for whom
electricity is delivered by one or more UDCs, data for each LSE aggregated at
the statewide level by year and customer sectors.
2. For an individual gas retailer for whom
gas is delivered by one or more gas utilities, data for each gas retailer
aggregated at the statewide level by year and customer sector.
3. For the sum of all LSEs for whom
electricity is delivered by one or more UDCs (1) data aggregated at the county
level by residential and non-residential groups, and (2) data aggregated at the
distribution service area, planning area, or statewide level by customer
sector.
4. For the sum of all gas
retailers for whom gas is delivered by gas utilities (1) data aggregated at the
county level by residential and non-residential groups, and 2) data aggregated
at the distribution service area, planning area, or statewide level by customer
sector.
5. For a UDC with a peak
load of less than 200 MW during both of the previous two years or a gas utility
with deliveries of less than 50 billion cubic feet per year during both of the
previous two years, data aggregated at the distribution service area, planning
area, or statewide level by customer sector.
6. For a UDC with a peak load of 200 MW or
more during both of the previous two years or a gas utility with deliveries of
50 billion cubic feet or less during both of the previous two years, (1) data
aggregated at the county level by residential and non-residential groups, and
(2) data aggregated at the distribution service area, planning area, or
statewide level by customer sector.
7. For the total sales by county:
a. sum accounts, kWh, and revenue reported by
all UDCs, aggregated at the county level by the subsector (3-digit) code level
identified in the NAICS as defined in subdivision (b)(55) of Section
1302.
b. sum accounts, therms, and revenue reported
by all gas utilities, aggregated at the county level by the subsector (3-digit)
code level identified in the NAICS as defined in subdivision (b)(55) of Section
1302.
8. For total consumption by county:
a. sum electricity deliveries (kWh) reported
by all UDCs and electric generation consumed on site (other than for plant use)
reported by power plants, aggregated at the county level by the subsector
(3-digit) code level identified in the NAICS as defined in subdivision (b)(55)
or Section
1302.
b. the sum of natural gas deliveries (therms)
as reported by all gas utilities, and natural gas that is produced and consumed
on site as reported by gas retailers, with the sum aggregated at the county
level by the subsector (3-digit) code level identified in the NAICS as defined
in subdivision (b)(55) of Section
1302.
(B) Electric generator fuel cost data
provided pursuant to Section
1304(a)(2)(C) and
electric generator fuel price data computed from fuel cost and fuel use data
reported pursuant to Section
1304(a)(2)(C),
may be disclosed if aggregated by fuel type and gas service area or higher, and
if the disclosure is made six months after the end of the month for which
prices were reported.
(C) Data of
the type described in Section
1343 of Chapter 3, Article 2 and
collected in association with customer surveys that are begun after December 8,
2000, may be disclosed in the following manner:
1. Residential customer sector and commercial
customer sector survey responses from persons or companies may be released
after name, address, and other respondent identifiers have been removed, and
usage data and responses to specific survey questions that could allow a third
party to uniquely identify a respondent have been masked;
2. Industrial major customer sector responses
from companies may not be released. Tabulations of industrial major customer
sector survey data may be released only after the data has been aggregated to
ensure that information about respondents will not be
disclosed.
(2)
any other situation in which records that have been designated as confidential
are masked, aggregated, or anonymized to the extent necessary to ensure
confidentiality.
(g) The
Executive Director may release records previously designated as confidential in
either of the following circumstances:
(1)
upon written permission by all entities who have the right to maintain the
information as confidential;
(2)
where the data has been publicly released either by the filer or by another
governmental agency; or
(3) under
any other circumstance where the information is no longer entitled to
confidential treatment. When the Executive Director plans to release such
information, they shall provide notice to the filer of the information, who
may, within fourteen days, request that the Commission prohibit the release of
the information. During that time, the records shall not be available for
inspection or copying. If the filer makes such a request, the Commission shall
conduct a proceeding pursuant to the provisions of Section
2508.
1. New
subsection (e) filed 12-16-81; effective thirtieth day thereafter (Register 81,
No. 51).
2. Amendment filed 7-6-98; operative 8-5-98 (Register 98,
No. 28).
3. Amendment of subsection (c)(3), new subsections
(c)(4)-(c)(4)(B), amendment of subsection (d), repealer of subsections
(d)(1)-(3), new subsections (d)(1)-(4)(B) and amendment of subsection (f) filed
2-23-2001; operative 2-23-2001 pursuant to Government Code section
11343.4
(Register 2001, No. 8).
4. Amendment filed 6-3-2002; operative
6-3-2002 pursuant to Government Code section
11343.4
(Register 2002, No. 23).
5. Amendment of section and NOTE filed
7-3-2007; operative 7-3-2007 pursuant to Government Code section
11343.4
(Register 2007, No. 27).
6. New subsections (e)-(e)(5), subsection
relettering, amendment of newly designated subsections (f)-(f)(1)(A)6.,
(f)(1)(A)7.a.-b., (f)(1)(A)8.a.-b., (f)(2) and (g)(1), and new subsection
(g)(2) and subsection renumbering filed 12-30-2021; operative 1-1-2022 pursuant
to Government Code section
11343.4(b)(3)
(Register 2021, No. 53).
7. Change without regulatory effect
amending subsections (e)(3) and (g)(3) filed 8-24-2022 pursuant to section
100, title 1, California Code of
Regulations (Register 2022, No. 34).
Note: Authority cited: Sections
25213
and
25218(e),
Public Resources Code; and Section
6253(a),
Government Code. Reference: Sections
25223,
25322
and
25366,
Public Resources Code.
