Who Will Play Poker in the Texas Saloon if the Sheriff Makes Everyone Play with Their Cards Face Up? The Importance of Protecting Competitively Sensitive Information in the Restructured Texas Electric Market

Date

2004

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Journal of Texas Administrative Law

Abstract

This article addresses the Public Utility Commission of Texas rules requiring wholesale electric market participants to provide to the Commission details of each wholesale power transaction via quarterly reports. It discusses concerns from market participants that certain required information for disclosure and requested to remain confidential, could be distributed to the public. Assesses whether information contained in quarterly reports or required disclosures should be protected from public disclosure. Lastly, it suggests the way the Commission is currently requiring competitors to publicly disclose proprietary information and competitive strategies places it at odds with the Public Utility Regulatory Act of 1975 (PURA) and case law protecting competitive information, nor is necessary.

Description

Keywords

Administrative law, Electricity, PURA, Public Utility Regulatory Act of 1975, PUCT Substantive Rule 25.93, Public Information Act, Confidential information, Competitive information

Citation

5 Tex. Tech J. Tex. Admin. L. 37