HOUSE BILL REPORT

SSB 5679

BYSenate Committee on Energy & Utilities (originally sponsored by Senators Williams, Owen, Benitz, Stratton and Sellar)

Providing procedures for confidentiality for information filed with the utilities and transportation commission.

House Committe on Energy & Utilities

Majority Report:  Do pass.  (15)

      Signed by Representatives Nelson, Chair; Todd, Vice Chair; Armstrong, Barnes, Brooks, Gallagher, Hankins, Jacobsen, Jesernig, Madsen, May, Miller, Sutherland, Unsoeld and S. Wilson.

House Staff:Deborah Senn (786-7198), Fred Adair (786-7113) and Ted Hunter (786-7114)

AS PASSED HOUSE APRIL 8, 1987

BACKGROUND:

As the telecommunications industry becomes more competitive, there is an increasing concern by telecommunications companies about protection of trade secrets.  On occasion, information which may be considered proprietary is part of a proceeding before the Utilities and Transportation Commission (UTC).  This information can remain in the UTC records and may be subject to information requests pursuant to the Public Disclosure Act.

SUMMARY:

Information which can be described as commercially valuable shall not be subject to inspection or copying until the person or persons affected by the information has been given notice and an opportunity to go to court for an order which would designate and protect the information as confidential.  The provision would apply to all utilities under the jurisdiction of the Utilities and Transportation Commission (UTC).

The changes provided add other types of information (i.e. customer specific usage, network configuration, and design information) that could be designated as commercially valuable.  At the time information is filed with the attorney general or the commission, it must be designated as commercially valuable.

The provisions of the section do not affect the commission's authority to designate certain types of information as proprietary in its own proceedings.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Dick Hemstad, Pacific Northwest Bell; Kit Hawkins, General Telephone Company of the Northwest; Sharon Nelson, Chair, and Tony Cook, Utilities and Transportation Commission.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The greater competitiveness of the telecommunications industry makes trade secrets a matter of increasing concern.  The UTC needs this type of information, but the Public Disclosure Act should not compel release of trade secrets.  This bill provides the means to resolve this matter.

House Committee - Testimony Against:      None Presented.