assigned Administrative Law Judge (ALJ) solicited party requests for clarification of and/or objection to those information requests on December 9, 2015. After receiving party input, the ALJ issued a February 4, 2016 ruling clarifying certain information requests and modifying the response schedule. To protect the confidentiality of sensitive information contained in the responses to the information requests, on March 4, 2016, the ALJ issued a Protective Order classifying data produced in response to the information requests into varying categories of confidentiality and identifying which parties could have access to each category of data. The ALJ further clarified the March 4, 2016 Protective Order in subsequent rulings issued on April 1 and 18, 2016. On May 3, 2016, the assigned Commissioner (Commissioner) and the ALJ issued a joint ruling denying Respondents’ objections to compliance with the prior discovery rulings and granting a motion by The Utility Reform Network (TURN) to compel responses to certain of its data requests. In response to the May 3, 2016 ruling, Respondents brought an action for injunctive relief in the United States District Court for the Northern District of California, which issued a preliminary injunction on May 20, 2016 halting production of highly confidential data TURN (or other third parties).” Cross motions for summary “to judgment were heard on September 29, 2016. While the issue of third-party access to highly confidential data (under the Protective Order) was awaiting resolution by the District Court, Respondents continued to produce to Commission staff data responsive to the OII information requests . Such information provides a basis for the granular analysis of competition set out later in this decision.
assigned Administrative Law Judge (ALJ) solicited party requests for clarification of and/or objection to those information requests on December 9, 2015. After receiving party input, the ALJ issued a February 4, 2016 ruling clarifying certain information requests and modifying the response schedule. To protect the confidentiality of sensitive information contained in the responses to the information requests, on March 4, 2016, the ALJ issued a Protective Order classifying data produced in response to the information requests into varying categories of confidentiality and identifying which parties could have access to each category of data. The ALJ further clarified the March 4, 2016 Protective Order in subsequent rulings issued on April 1 and 18, 2016. On May 3, 2016, the assigned Commissioner (Commissioner) and the ALJ issued a joint ruling denying Respondents’ objections to compliance with the prior discovery rulings and granting a motion by The Utility Reform Network (TURN) to compel responses to certain of its data requests. In response to the May 3, 2016 ruling, Respondents brought an action for injunctive relief in the United States District Court for the Northern District of California, which issued a preliminary injunction on May 20, 2016 halting production of highly confidential data “to TURN (or other third parties).” Cross motions for summary judgment were heard on September 29, 2016. While the issue of third-party access to highly confidential data (under the Protective Order) was awaiting resolution by the District Court, Respondents continued to produce to Commission staff data responsive to the OII information requests . Such information provides a basis for the granular analysis of competition set out later in this decision.