Ky. PSC Issues Order Involving Mountain Water District

Targeted News Service

FRANKFORT, Kentucky, Sept. 1 -- The Kentucky Public Service Commission issued the following order (Case No. 2022-00366) on Aug. 31, 2023:

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In the Matter of: Electronic Application Of Mountain Water District For A General Adjustment Of Water Rates

ORDER

On August 25, 2023, Mountain Water District (Mountain District) filed a motion, pursuant to 807 KAR 5:001, Section 13, and KRS 61.878, requesting that the Commission grant confidential treatment for an indefinite period for Attachment PH-1 of its response to Commission Staff's Post-Hearing Requests for Information.

In support of its motion, Mountain District argued that the invoices provided in Attachment PH-1 reveal information regarding the individual health and dental insurance coverages for each Mountain District employee, including each employee's health insurance plan subscriber number, information about the employee's marital status as well as number of dependents. Mountain District seeks confidential protection for the names of the employees associated with the coverage information shown on the invoices.

Mountain District argued that this information, which it does not otherwise publicly report, is personal and private information that should not be in the public realm, and the disclosure of which would constitute an unwarranted invasion of personal privacy in contravention of KRS 61.878(1)(a).

Having considered the motion and the material at issue, the Commission finds that information redacted in Attachment PH-1 is generally recognized as confidential or proprietary; it therefore meets the criteria for confidential treatment and should be exempted from public disclosure pursuant to 807 KAR 5:001, Section 13, and KRS 61.878(1)(a).

IT IS THEREFORE ORDERED that:

1. Mountain District's motion for confidential treatment is granted.

2. The designated material granted confidential treatment by this Order shall not be placed in the public record or made available for public inspection for an indefinite period or until further Order of this Commission.

3. Use of the designated material granted confidential treatment by this Order in any Commission proceeding shall comply with 807 KAR 5:001, Section 13(9).

4. Mountain District shall inform the Commission if the designated material granted confidential treatment by this Order becomes publicly available or no longer qualifies for confidential treatment.

5. If a nonparty to this proceeding requests to inspect the material granted confidential treatment by this Order and the period during which the material has been granted confidential treatment has not expired, Mountain District shall have 30 days from receipt of written notice of the request to demonstrate that the material still falls within the exclusions from disclosure requirements established in KRS 61.878. If Mountain District is unable to make such demonstration, the requested material shall be made available for inspection. Otherwise, the Commission shall deny the request for inspection.

6. The Commission shall not make the requested material available for inspection for 30 days from the date of service of an Order finding that the material no longer qualifies for confidential treatment in order to allow Mountain District to seek a remedy afforded by law.

PUBLIC SERVICE COMMISSION

Chairman

Vice Chairman

Commissioner

ATTEST:

Executive Director

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Original text here: https://psc.ky.gov/order_vault/Orders_2023/202200366_08312023.pdf