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Enron Mail |
I am forwarding the text of a response I received from Gisele Rankin,
attorney for the Publilc Staff, to my inquiry regarding the security of information submitted to the Commission under seal. It largely tracks our understanding and analysis. The following are her words: "To my knowledge, no one has challenged anything filed with the Commission under seal pursuant to the trade secret statute. Under that statute, if you want the information claimed to be a trade secret, you have to go to court and carry the burden (and my recollection from reading the statute is that it is a very high burden). The only other way it could be made public would be for the Commission to order it to be made public (because it isn't a trade secret), which to my knowledge has never happened with anything even remotely of commercial value and even then the owner of the information could go to court to stop it. Costs related to generation are the most obviously "trade secret" type information with which we deal. None of the utilities would try to claim it isn't protected, because then they would have to reveal their information. CUCA could try to get it in order to participate in the hearing, but CUCA generally supports IPP development (in general), and Jamie would have to sign a nondisclosure agreement and not reveal the information to anyone. For all practical purposes, Enron is safe. (Even if a claim were made, Enron could tie it up until the information was so old it was worth much less, if anything.)"
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