SENATE BILL REPORT

SB 5679

BYSenators Williams, Owen, Benitz, Stratton and Sellar

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

Senate Committee on Energy & Utilities

Senate Hearing Date(s):February 17, 1987; March 3, 1987

Majority Report:  That Substitute Senate Bill No. 5679 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Williams, Chairman; Owen, Vice Chairman; Benitz, Cantu, Nelson, Smitherman, Stratton.

Senate Staff:Deborah Senn (786-7450)

                  March 3, 1987

AS REPORTED BY COMMITTEE ON ENERGY & UTILITIES, MARCH 3, 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 UTC.

EFFECT OF PROPOSED SUBSTITUTE:

The changes in the substitute bill add other types of information (i.e. customer specific usage, network configuration, and design information) that could be designated as commercially valuable under the provisions of the bill.  Furthermore, when information is filed with the Attorney General or the Commission, at the time it is filed, it must be designated as commercially valuable.

Finally, 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:      none requested

Senate Committee - Testified: Richard Hemstad, PNB; Art Butter, TRACER; Kit Hawkins, GTE; Chuck Adams, Attorney General's office; Steve McLellan, UTC