KCC demands justification for blacked-out rate study

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State utility regulators on Tuesday demanded the author of the second phase of an electric rate study explain why its report was heavily blacked out and called on the firm to issue a new version of the document by the end of the month.

The Kansas Corporation Commission wants Los Angeles-based AECOM Technical Services to explain why it masked extensive portions of the study, which was made public July 2.

In some cases, sections of the report with key facts and findings have been blacked out.

The KCC wants a new report issued by July 28 with an explanation about why sections were redacted or a new more public version of the report to be issued.

“A meaningful, publicly available report is needed,” commission Chairwoman Susan Duffy said in a statement.

“The findings in this report are important to Kansans because they will likely form the basis of future energy policy. The Commission strongly encourages AECOM and the utilities to redact only critically necessary information.”

As first reported by the Sunflower State Journal on Sunday, there are concerns about how much of the $250,000 taxpayer-funded study had been blocked from public view.

A group of large power users — the Kansas Industrial Consumers Group — says there are nearly 40 pages of “critical analysis and conclusions” that have been partially or mostly blacked out.

“The Phase II Report does not indicate why information was redacted — only that it was redacted because utilities designated information confidential,” the Industrial Consumers Group said in its filing with the KCC.

report by the KCC staff said it was unclear why some of the information contained
in the report was confidential since most of it appeared to be in an aggregate form that would be available in public records.

KCC staff have contacted AECOM. Staff is requesting that the company justify its reasons for keeping parts of the study confidential, noting that the redactions make it difficult for lawmakers to evaluate the report.

“Staff further reminded AECOM that the Kansas Legislature directed the undertaking of the rate study, and as such, the confidential designations are problematic because they prevent the legislature from reviewing the Phase II Report in its entirety,” according to a filing with the KCC.

The electric rate study was commissioned by the Kansas Legislature in two parts. The first phase conducted by London Economics International of Boston was completed earlier this year without any redactions.

The Kansas Industrial Consumers Group had asked the KCC to require AECOM to specifically cite grounds for keeping parts of the report private and to make as much of the report available to the public without any redaction.

It also is asking the KCC to allow interested parties to review the entire report, including any confidential material, so long as they sign a nondisclosure agreement.