Section 2507 - Disclosure of Confidential Records(a) No confidential record shall be disclosed except as provided by this Section, Section 2506, or Section 2508, unless disclosure is ordered by a court of competent jurisdiction.(b) No record that is the subject of a pending request for confidentiality pursuant to subdivisions (a) or (c) of Section 2505, a pending petition for inspection or copying of confidential records pursuant to subdivision (b)(5) of Section 2506, or a pending request pursuant to subdivision (e)(2) and (f)(2) of this section shall be disclosed except as provided in this section, unless disclosure is ordered by a court of competent jurisdiction.(c) The Executive Director may disclose records previously designated as confidential to: (1) Commission employees or representatives whose Commission work requires inspection of the records;(2) Persons under contract to the Commission whose work for the Commission requires inspection of the records and who agree in a contract to keep the records confidential; and(3) Other governmental bodies and state-created private entities, such as the California Independent System Operator, that need the records to perform their official functions and that agree to keep the records confidential and to disclose the records only to those employees or contractors whose agency work requires inspection of the records.(d) The Executive Director may disclose data collected in association with customer surveys of the type described in Section 1343 of Article 2 of Chapter 3 and that are not masked or aggregated to the following entities: (1) Demand side management program administrators, funded through the Energy Efficiency Public Goods Charge (EEPGC) established in Public Utilities Code Section 381(c), which need the survey responses to perform their official functions and that agree to keep the records confidential and to disclose the records only to those employees, and contractors, who need that data for EEPGC program evaluation and planning.(2) Utilities that opt into collaborative surveys funded by the Commission, or that contribute funds for the implementation of a survey coordinated by the Commission, pursuant to Section 1343(f) of Article 2 of Chapter 3, may have access to that portion of survey responses by customers included within their service area provided they agree to keep the records confidential and to disclose the records only to those employees, and contractors, who need the data for distribution system planning.(e) Unless an application for confidentiality is granted under section 2505(a)(3) specifying a different confidentiality term, data subject to an automatic confidentiality designation under section 2505(a)(5) will remain confidential in accordance with the following timelines: (1) Load forecasts and supporting customer projections by UDC distribution service area submitted pursuant to subdivision (b) of Section 1345 of Article 2 of Chapter 3 may be released no sooner than 3 years from the date of submittal.(2) Retail electricity price forecasts submitted pursuant to subdivision (a) of Section 1348 of Article 2 of Chapter 3 may be released no sooner than 3 years from the date of submittal.(3) Fuel price data provided pursuant to subdivision (d) of Section 1308 of Article 1 of Chapter 3 may be released no sooner than 5 years from the date of submittal.(4) Electric power plant-specific hourly generation data may be released no sooner than 5 years from the date of submittal.(5) LSE and UDC reports submitted pursuant to Sections 1306, 1307, or 1308(c) of Article 1 of Chapter 3 may be released no sooner than 5 years from the date of submittal.(f) The Executive Director may release records previously designated as confidential in the following circumstances:(1) where the confidential information has been masked or aggregated at the levels described below in subdivisions (A)-(C)(A) Data provided pursuant to Sections 1306(a)(1), 1306(a)(4), 1306(b), Section 1307(a), and Section 1308(c)(1) of Article 1 of Chapter 3 may be disclosed at the following levels of aggregation or higher:1. For an individual LSE for whom electricity is delivered by one or more UDCs, data for each LSE aggregated at the statewide level by year and customer sectors.2. For an individual gas retailer for whom gas is delivered by one or more gas utilities, data for each gas retailer aggregated at the statewide level by year and customer sector.3. For the sum of all LSEs for whom electricity is delivered by one or more UDCs (1) data aggregated at the county level by residential and non-residential groups, and (2) data aggregated at the distribution service area, planning area, or statewide level by customer sector.4. For the sum of all gas retailers for whom gas is delivered by gas utilities (1) data aggregated at the county level by residential and non-residential groups, and 2) data aggregated at the distribution service area, planning area, or statewide level by customer sector.5. For a UDC with a peak load of less than 200 MW during both of the previous two years or a gas utility with deliveries of less than 50 billion cubic feet per year during both of the previous two years, data aggregated at the distribution service area, planning area, or statewide level by customer sector.6. For a UDC with a peak load of 200 MW or more during both of the previous two years or a gas utility with deliveries of 50 billion cubic feet or less during both of the previous two years, (1) data aggregated at the county level by residential and non-residential groups, and (2) data aggregated at the distribution service area, planning area, or statewide level by customer sector.7. For the total sales by county: a. sum accounts, kWh, and revenue reported by all UDCs, aggregated at the county level by the subsector (3-digit) code level identified in the NAICS as defined in subdivision (b)(55) of Section 1302.b. sum accounts, therms, and revenue reported by all gas utilities, aggregated at the county level by the subsector (3-digit) code level identified in the NAICS as defined in subdivision (b)(55) of Section 1302.8. For total consumption by county: a. sum electricity deliveries (kWh) reported by all UDCs and electric generation consumed on site (other than for plant use) reported by power plants, aggregated at the county level by the subsector (3-digit) code level identified in the NAICS as defined in subdivision (b)(55) or Section 1302.b. the sum of natural gas deliveries (therms) as reported by all gas utilities, and natural gas that is produced and consumed on site as reported by gas retailers, with the sum aggregated at the county level by the subsector (3-digit) code level identified in the NAICS as defined in subdivision (b)(55) of Section 1302.(B) Electric generator fuel cost data provided pursuant to Section 1304(a)(2)(C) and electric generator fuel price data computed from fuel cost and fuel use data reported pursuant to Section 1304(a)(2)(C), may be disclosed if aggregated by fuel type and gas service area or higher, and if the disclosure is made six months after the end of the month for which prices were reported.(C) Data of the type described in Section 1343 of Chapter 3, Article 2 and collected in association with customer surveys that are begun after December 8, 2000, may be disclosed in the following manner: 1. Residential customer sector and commercial customer sector survey responses from persons or companies may be released after name, address, and other respondent identifiers have been removed, and usage data and responses to specific survey questions that could allow a third party to uniquely identify a respondent have been masked;2. Industrial major customer sector responses from companies may not be released. Tabulations of industrial major customer sector survey data may be released only after the data has been aggregated to ensure that information about respondents will not be disclosed.(2) any other situation in which records that have been designated as confidential are masked, aggregated, or anonymized to the extent necessary to ensure confidentiality.(g) The Executive Director may release records previously designated as confidential in either of the following circumstances:(1) upon written permission by all entities who have the right to maintain the information as confidential;(2) where the data has been publicly released either by the filer or by another governmental agency; or(3) under any other circumstance where the information is no longer entitled to confidential treatment. When the Executive Director plans to release such information, they shall provide notice to the filer of the information, who may, within fourteen days, request that the Commission prohibit the release of the information. During that time, the records shall not be available for inspection or copying. If the filer makes such a request, the Commission shall conduct a proceeding pursuant to the provisions of Section 2508.Cal. Code Regs. Tit. 20, § 2507
1. New subsection (e) filed 12-16-81; effective thirtieth day thereafter (Register 81, No. 51).
2. Amendment filed 7-6-98; operative 8-5-98 (Register 98, No. 28).
3. Amendment of subsection (c)(3), new subsections (c)(4)-(c)(4)(B), amendment of subsection (d), repealer of subsections (d)(1)-(3), new subsections (d)(1)-(4)(B) and amendment of subsection (f) filed 2-23-2001; operative 2-23-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 8).
4. Amendment filed 6-3-2002; operative 6-3-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 23).
5. Amendment of section and NOTE filed 7-3-2007; operative 7-3-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 27).
6. New subsections (e)-(e)(5), subsection relettering, amendment of newly designated subsections (f)-(f)(1)(A)6., (f)(1)(A)7.a.-b., (f)(1)(A)8.a.-b., (f)(2) and (g)(1), and new subsection (g)(2) and subsection renumbering filed 12-30-2021; operative 1-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 53).
7. Change without regulatory effect amending subsections (e)(3) and (g)(3) filed 8-24-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 34). Note: Authority cited: Sections 25213 and 25218(e), Public Resources Code; and Section 6253(a), Government Code. Reference: Sections 25223, 25322 and 25366, Public Resources Code.
1. New subsection (e) filed 12-16-81; effective thirtieth day thereafter (Register 81, No. 51).
2. Amendment filed 7-6-98; operative 8-5-98 (Register 98, No. 28).
3. Amendment of subsection (c)(3), new subsections (c)(4)-(c)(4)(B), amendment of subsection (d), repealer of subsections (d)(1)-(3), new subsections (d)(1)-(4)(B) and amendment of subsection (f) filed 2-23-2001; operative 2-23-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 8).
4. Amendment filed 6-3-2002; operative 6-3-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 23).
5. Amendment of section and Note filed 7-3-2007; operative 7-3-2007 pursuant to Government Code section 11343.4(Register 2007, No. 27).
6. New subsections (e)-(e)(5), subsection relettering, amendment of newly designated subsections (f)-(f)(1)(A)6., (f)(1)(A)7.a.-b., (f)(1)(A)8.a.-b., (f)(2) and (g)(1), and new subsection (g)(2) and subsection renumbering filed 12-30-2021; operative 1/1/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 53).
7. Change without regulatory effect amending subsections (e)(3) and (g)(3) filed 8-24-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 34).