FILED
4D1 W Capitol Avenue. Suite 1M Little Rock, AR 72201 501 3774850 Fax 501 377 4603 Kenny.Henderson@ CenterPointEnergy.com
July 23,2013
Kristi Rhude, Secretary Arkansas Public Service Commission 1000 Center Street Little Rock, AR 72203
Re: Docket No. 1 1 -088-U
Dear Ms. Rhude:
Pursuant to the requirements of Order No. 5 in the above-referenced docket, enclosed for frIing are the MonihIy Settlement Statements received by Centerpoint Energy Arkansas Gas (“CenterPoint”) from Sequent Energy Management (“Sequent”) for the production month of June, 2013, along with the e-maiIs reflecting the date that the MonthIy Settlement Statements werc rcceived from Sequent. Please note that the encIosures are confidential subject to protective order in Docket No. 11-088-U and are being filed under seal.
If you have my qucstions about this filing, pIcase feel free to contact me at any time.
Sincerely,
Kenny W. Henderson
c: Mr. Robert Booth Mr. Don Malone Mr. Shawn McMurray
DATE REQUESTED: July 23,20 13
DATA REQUEST #: N/A
1. Document Title
&p y o DATEPROVLDED: J 1 2-3, ! ,
COMPANY CONTACT Kenny Henderson (501) 377-4850 Kenny.Henderson@centerpointenergy .corn
PROTECTED MATERIAL COVER SHEET
2. Description of the document containing the Protected Materia1
3. Identification of each item of Protected Material contained in the document.
4. The applicabIe category of information listed in the IPO under which each item of the Protected Material falls.
5. A description of why the information within the document should be protected including the Company's reasons for claiming that each item of the Protected Material is consistent with the description provided by the Company in its request for an IPO.
6. I-Ias the Protected Material been previously disclosed? If so, when and in what context?
7. What is the period of timc that the Protected Material should remain cofidential?
8. Have both a redacted and non- redacted version of the document containing the Protected Material been movidcd.
Monthly Settlement Statements from Sequent Energy Management to Centerpoint Energy Arkansas Gas for the month of June, 20 13. Monthly Settlement Statements
Entire document.
The items of Protected Material consist of confidential price and other terms that rcsuIted from competitive bidding, the release of which couId cause material competitive harm to both Centerpoint Arkansas and its counterparty in future asset management solicitations and negotiations. See No. 4 above. The information, if publicly disdosed, couId harm the interests of the Company and its customers, and the Company keeps such information confidential and does not disclose it to the public. The Protected Material is also subject confidentiality provisions contained within the Asset Management Agreement that is the subject of this docket.
NO.
Indefinitely.
NO.
INTHE MATTER OF TEIEAPPLICATION 3 Ft LED OF CENTEWOINT ENERGY ARK&EAS 1 GASFORAPPROVAL OFANASSET 1 DOCKET NO. 11-088-U WAGZMI3NTAGREEMENTAND FOR 1 ORDERMO. x MODIFICATION OF ITS T U BILLING 1 DETEXMZNANT MTEADJUSTmNT T m F F
INTERIMPROTECTIVE ORDER
On September 8, 2011, Centerpoint Energy Arkansas Gas (TEA" or the
"Companf) fled in the above-styled docket a Motion requesting the issuance of a
protective order of non-disclosure pursuant to Ark. Code Ann. k23-2-316 and Rdes
3.07fa) and 13.05 of the Arkansas Public Senice Commission's Rules oJPracfice and
Procedure C'RPP''). By its Motion the Company seek to protect from public disclosure
certain Confidential Information to be fled or otheMise provided in this docket.
Concurrently with the filing of this Motion, fhe Company fled an application far
Arkansas Public Service Commission (the "Commission") approval of an Asset
Management Agreement (AMA") between the Company and Sequent Energy
Management, LP, C'Sequent').
The Company asserts that certain portions of the testimony and exhibits t o be
filed in this proceeding contain highly sensitive data (Tonfidential Information") that,
if publicly disclosed, could lead to material damage to the competitive or financial
positions of the Company, ib customers, and Sequent. Furthermore, the Company
anticipatq given the nature of fhe Application, that simiIar information may be
required in response to htwe discovery and in future reports and information filed with
the Commission if the Company's Application is approved. Motion at 1 2.
Docket No. 11-088-U JPO No. I
Page 2 of 7
More specifically, the Company asserts that the Confidential Idormation to be
protectcd should indude tihe folhving specific categories of information:
1, Competitive prices, terns and conditions of the AMA that is the subject of
this dockee
2. Competitive bidding information, including contents of competitive bids
and/or processes and criteria for evaluation of competitive bids;
3, Information or documents contabing the names of unsuccesshl
competitive bidders, or fiom which individual bidders cou?d reasonably be
identified;
4. Information which could reveal the business terms or negotiations with
Sequent or other bidders ofthe AMAfhat is the subject: of this docket;
5. Reports and documents which wodd reflect the Company’s operations in a
manner which would reveal competitively sensitive information; and
6, All computer software, files or ofher similar information provided by the
Company, to the extent that it either contains information or data described
above or represents a proprietary product €or which disclosure by the
Company to athird party may be constrained.
Id. at fi 3.
The Company further asserts that the Confidentid Information described above
has not previously been disclosed and tbe information has been maintained as
confidential by the Campany and Sequent. Under &e AM& the Company is
con.tractudly obligated to keep confidential the provisions of the agreemenL Id.
Docket NO. ir-088-U P O No. I
Pagc 3 of 7
On September g, 2011, the General Stdf of the Commission YStaff’) filed its
Response t o the Company’s Motion. Staff states &at Staff does not concede that tihe
information in question is proprietary, nor does the Staff concede that the Company has
provided sufficient evidence pursuant t o W P Rule 13,Og t0 show that the information in
question is proprietq and therefore subject to protection. However, based on the
representation that the information is proprietary, Staf€ does not object to the
Commission an interim protective order if is reserved the right io contest
at a future date, upon reasonable notice, the Companyls en~tlernent to a protective
order for all or pohons of the information. Staff Response at fi 2.
Ark. Code Ann. §23-2-316@) provides as follows:
@][I] Whenever the commission determines it to be necessary in the interest of the public or, as to proprietary facts or wde secrets, in the interest: of the utility to withhold such facts and information from the public, the commission shall do so.
(2) The commission may take such action in the nature of, but not limited to, issuing protective orders, temporariry or permanently sealing records, or making oder appropriate orders to prevent or ofhenvise limit public disclosure of facts and inkrmation.
When considering a request for the enm of a protective order of non-disclosure,
the Commission must cnrefully balance three competing needs, Le., (1) the Companfs
need t o protect fiom public disclosure its proprietary facts or bade secrets, (2) the
Commission’s investigative need to acquire information from the Company in an
expeditious and efficient manner, and (3) the public’s right of access to in€ormation in
the possession ofthe Commission.
Docket No. 11-088-U IF0 No. I Page 4 of7
The enhy o€ an Interim Prokective Order which dorvs Staff and Intervenors the
right to contest at a future date the Company's continuing entitlement to the protective
order eficienfly addresses the first two needs. To protect the public's right of a& t o
the maximum extent possibk the Cornmission directs that the Compmy shall hold to an
absolute minimum the amount o€informa.tion t o be protected from public disclosure,
Having considered the Company's Motion and Stafls ResponseJ the Commission
granb t he Company's Motion and finds, orders and directs as follows:
I. Based upon the Company's assertions of confidentiality, the
Commission -finds that the Confidential Information identified
hereinabove should and s h d be protected fiom public disclosure on an
interim basis pursuant to Aik. Code Ann, 523-2-316 and Rules 3,u7[a)
and 13.05 of the RPP;
2. To protect the public's right of access ta t h e maximum extent possible,
t h e Company shall hold to an absolute minimum the amount of data to
be protected .from public disclosure;
3. For each specific item of Confidential Information to be filed or
submitted in .this Docket by the Company, the Company shall aEx
thereto a twitten Confidential Xnformaiion .transmittal cover document
in the form of Attachment I hereto containing &e following
information: {a) a description of each item of Confidential Information;
cb) a description of fie document containing the Confidential
Information; IC) €or each item of Confidential Information an
identification of the applicable category of Confidential Information
Docket No. 11-088-U P O No. 1
Pagc 5 of 7
listed in this Interim Protective Order; and (d) the Company‘s specific
reason or explanation as to how each item of the Confidential
Information is consistent with The description provided by the
Company in its request for a protective order;
4. Confidential Information t o be provided in paper format shdI be
reproduced and filed OF submitted on distinctive pink paper only.
Confidential Information t o be provided in digital format shall be
reproduced and filed or submitted on a CI) that is distinctively red or
pink in color;
5. The Commission’s standard form “AFFIDAVIT OF NON-
DISCLOSURE” (Attachment 2 hereto) shall be executed and filed in
this docket by all official party represenhtives b be granted access to
said Confidential Information pursuant. to this Interim Protective
6. All official parties are hereby granted the right to contest at a future
date, upon reasonable notice, t h e Compmfs continuing entiflement: to
protect -from public disclosure all or any portions of any Confidentid
Information filed or submitted pursuant to this Interim Protective
Order. Such Confidential Information shall be reviewed by the official
parties for the express purpose of ascertaining (I) whether such
1 A digital copy ofAttaclments 1 and 2 to this Order can be accessed through the Commission’s web site at .asn. The digital topics the following internet address: ht:tp://~~~.upscscMccs.mf~ lordarat-acli
can be fiIlcd in online and then printed for signature and fling. The standard form Attachmcnts 1 and 2 shall not be modified or amendcd in anyway*
. .
Docket No. 11-088-U mo No. 1
Page 6 of 7
Confidentid Informatian is consistent with the description provided by
the Company in its Motion; (2) whether such Coddentid Tnforrnation
is consistent with the Confidential Information transmittal cover
document, and; &) wh&er the scope of this Interim Protective Order
has been applied too broadly by the Company. Based upon such review
any oficid pariy shall file an objection in this Docket if such
party determines that any portion of such Confidential Information
should be removed from the scope of this Interim Protective Order;
7. Furfhor, if any oEcial pnQ determines fhat any informathn
previously deemed to be confidential should no longer be protected
from public disclosure due to the passage of time or changed
circumstances, such p a w shall promptly file an appropriate objection
in this Docket;
8. In the event of any objection filed pursuantto the terms and conditions
of this Interim Protective Order, the burden of proof will r a t on the
Company; and
9. The Commission hereby designates Commission Administrative Law
Judge Y A W ) Susan D'Auieuil to review and examine dl Confidentid
Information filed or submitted pursuant to this Interim Protective
Order and to rule upon any objections fiIed pursuant io &e terms and
conditions of this Interim Prote&e Order. Based upon such
examination the Aw shall issue an appropriate amended Interim
Protective Order if required. m e r , after notice to the p d e s and
Docket No, 11-088-U IPO No. I
Page 7 of7
a€ter any hearing that may be necessary, the Aw shall issue an.
appropriate Final Protective Order as may be needed. hy p w
aggrieved by any amended Xnterim Protective Order or the Final
Protective Order issued by the Aw may petition the Commission for
review and rehearing of such Order within thirty (30) days of the
issuance ofsame.
io. Accordingly, t h e Company’s Motion, as conditioned herein, is granted
on an interim basis. The Company shall €orthwith cause said
Confidential Information to be filed and/or otherwise submitted under
sed as requested.
BY ORDER OF THE COMMISSION,
This 8 1 day of September, 20x1. s;t-
-&miq Jan Sanders, Secretary of the Co&mission
Docket NO. 11-088-U IPO No. I Attachment I - Non HSPI
Rcquwtcd Information I. Daeumcnf: Tit?@ 2. Description of the dacument cantaioing
thc Codidmiid Information 3. ZdcntXcation of each item of
Confidential Momation contained in tbc document
p The npplicabk category of Confidentid Information bted in the IPO under which each item of the Confidential Information !Faus
5. A description ofivhythc Confidcntid Information within the document should bc protected including the Company’s reasons for claiming that cach item of the Confidentin1 Infomatian is consistent with the dcscription provided by the Company in its requa t for an P O
6. Has the Confidentid Information been prcviously disclosed? If so, when and in what contcxt?
7. Whatis theperiodoftimethattho Confidcntid Tnfomation should remain confidential?
8. Hat” both a redactedand non-rcdacted version of the document containing the Confidential Information been provided?
CenterPokt Energy Arkansas Gas ARKANSAS PUBLIC SERVICE COMMISSION
DOCKET NO. xx-088-u
Company’s Response
DATEREQUESTED: MONTH, DAY,YEAR DATEPROWDED: MONTH, DAY,=
IN THE MATTER OF TEE APPLICATION 1 OF CENTERPONT ENBRGYARKANSAS 1 GAS FOR APPROVAL OF AN ASSET 1 DOCKET NO. xi-088-U MANAGEMENT AGREEMENT AND FOR 1 MODXFIWTION OF ITS TRIAL BILLING 1 DlXERMINANT MTEADJUSTMENTTARIFF }
STATE OF 1 COUNTY OF 1
L , am immediately and directly working on
matters relating to the above referenced docket on behalf of
The above referenced Interim Protective Order directs that the confidentid information
identified therein shall be protected .from public disclosure pursuant t o t he provisions of
Ark, Code Ann. 3 23-2-336 and Rule 13.05 of the Arkansas Public Service Commission's
Rules of Practice and Procedure rRde 13.05").
In accordance with said Interim Protective Order, I understand, agree and certi€y as
fOflOWS:
1. That said confidential information is provided to me by the protected par&
pursuant to the terms of said Interim Protective Order and the provisions of Rule 13.05;
that I have been provided a copy of said Interim Protective Order and Rule 13.05, and that
I have read and understand the provisions of said Interim Protective Order and Rule 13.05;
and that I shall fully comply with same; and
Docket NO. 11-088-U IPO No. I -Affidavit of Non-Disclosure
Page 2 of 4
2. That said con€idential information at all times shall be clearly and distinctly
marked as “CONFIDENTIAL - SUBJECT TO PROTECTZVE ORDER” and at all times shall
be maintained in a secure manner; and
3. That I shall not disclose said confidential information to any person not
immediately and directly involved in the above-referenced docket, nor to any person not
entitled to said confidentid information by the terms of said Interim Protective Order and
Rule 13.05, nor to any person who has nut executed the required Af-fidavit of Non-
Disclosure; and
4. That said confidential information shall. be used solely €or the purpose of
pursuing the case at hand, and shall not be used for any other purpose(s1 whatsoever, and
most especially shall not be used for competitive business purposes; and
5. That improper disclosure of said confidential information by a party or person.
may result in civil liabiliies or sanctions against said pariy or person; and
6. That I shall neither disclose nor permit to be reviewed or copied said
confidential information, and any notes, memoranda, or any other form of information
regarding or derived .from said confidential information, by any person other than myself
or other individuals who are entifled to said confidential information by the terms of said
Interim Protective Order and Rule 13.05 and who have dso executed the required Affidavit
of Non-Disclosure; and
7. That said confidenW information. shall not lose its coniidentid status
through use in this docket and that I will take all steps reasonabIy required to protect its
confidentifity during such use; and
8. That if I have knowledge that said confidential information has been
disclosed, reviewed or copied by any persons other than in the manner authorized by the
Docket No, 11-OM-u TPO No. 1 -AMavit of Non-Disclosure
Page 4 of 4
Dated %is day of , 200-.
Signahre of mant
NOTARY CERTIFICATION
Subscnied and sworn to by the foregoing Affiant before me, a Notary Public, on this
day of , roo-.
Notaxy Public
My Commission Expires:
Affix Notary Seal: