Case No. VFA-0659

April 18, 2001

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Appeal

Name of Petitioner: Puget Sound Energy, Inc.

Date of Filing: March 19, 2001

Case Number: VFA-0659

On March 19, 2001, Puget Sound Energy, Inc., (Puget) filed an Appeal from a determination the Bonneville Power Administration (BPA) of the Department of Energy (DOE) issued to it on February 15, 2001. In that determination, BPA released redacted versions of material responsive to a request that Puget filed under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, as implemented by the DOE in 10 C.F.R. Part 1004. The FOIA requires that a federal agency generally release documents to the public upon request. The FOIA, however, lists nine exemptions that set forth the types of information that a federal agency may withhold at its discretion. 5 U.S.C. § 552(b); 10 C.F.R. § 1004.10(b).

In its January 4, 2001 request for information, Puget sought copies of all executed or partially executed power sales contracts BPA has entered into since January 1, 2000. Request Letter dated January 4, 2001, from William A. Gaines, Vice President, Energy Supply, Puget, to Freedom of Information Act Officer, BPA. On February 15, 2001, BPA issued a determination releasing the information Puget had requested, but redacting portions of the contracts because the material was exempt from disclosure under Exemption 4 of the FOIA, which exempts “trade secrets and commercial or financial information obtained from a person and privileged or confidential.” Determination Letter dated February 15, 2001, from Gene Tollefson, BPA, to William R. Maurer, Perkins Coie, LLP, Attorney for Puget. Puget then filed this Appeal.

In its Appeal, Puget first argues that BPA’s determination is inadequate, because it has not provided an explanation of why the information has been redacted. Appeal Letter dated March 16, 2001, from William R. Bue, Perkins Coie, LLP, Attorney for Puget, to Director, Office of Hearings and Appeals (OHA), DOE. Puget also challenges the withholding on the basis that the information is not commercial or financial, obtained from a person or confidential. Id. at 4.

We have spoken with BPA. Upon further review of the contracts, BPA believes that it has redacted too much information from the contracts that Puget requested. Memorandum of Telephone Conversation dated April 6, 2001, between Janet R. H. Fishman,

Attorney-Examiner, OHA, DOE, and Tim Johnson, Attorney, BPA. Therefore, we will remand the matter to BPA for a new determination.

It Is Therefore Ordered That:

(1) The Freedom of Information Act Appeal filed by Puget Sound Energy, Inc., on March 19, 2001, Case No. VFA-0659, is hereby granted as specified in Paragraph (2) below, and is denied in all other respects.

(2) This matter is hereby remanded to the Bonneville Power Administration of the Department of Energy, which shall issue a new determination.

(3) This is a final Order of the Department of Energy from which any aggrieved party may seek judicial review pursuant to 5 U.S.C. § 552(a)(4)(B). Judicial review may be sought in the district in which the requester resides or has a principal place of business, or in which the agency records are situated, or in the District of Columbia.

George B. Breznay

Director

Office of Hearings and Appeals

Date: April 16, 2001