Application
These Confidentiality Guidelines are intended to provide guidance to the Panel and the Crown Corporation surrounding the classification, use and disclosure of Confidential Information supplied by a Crown Corporation to the Panel during the course of an application to review a monopoly rate change.
Definitions
Saskatchewan Power Corporation (SaskPower) is the principal supplier of electricity in the Province of Saskatchewan and is responsible for the generation, transmission, distribution, purchase, sale and supply of electricity.
SaskEnergy Incorporated (SaskEnergy) is the natural gas distribution utility in the Province of Saskatchewan.
Saskatchewan Government Insurance (SGI) acts as the administrator for the Saskatchewan automobile insurance system and is responsible for the Saskatchewan Auto Fund (AutoFund) pursuant to The Automobile Accident Insurance Act.
SaskPower, SaskEnergy and SGI are referred to collectively as the Crown Corporation.
The Saskatchewan Rate Review Panel (Panel) is an advisory committee to the Minister, appointed pursuant to The Government Organization Act for the purpose of conducting reviews and providing opinions on the fairness and reasonableness of Crown Corporation monopoly rate changes as proposed by the Crown Corporation. The Panel’s mandate for conducting monopoly rate change reviews is defined by a Minister’s Order dated January 1, 2010.
Crown Investments Corporation of Saskatchewan (CIC) is a holding company mandated with oversight of the Crown Corporations and acts as a liaison between the Panel and the Minister.
The Minister means the Minister Responsible for Crown Investments Corporation.
Confidential Information
Confidential Information shall include:
- Commercially sensitive information with a legitimate need for protection from disclosure;
- Information, the disclosure of which could reasonably be expected to:
- result in financial loss or gain to;
- prejudice the competitive position of; or
- interfere with the contractual obligations of; the Crown Corporation or a third party;
- Information, the disclosure of which is prohibited by law, including The Freedom of Information and Protection of Privacy Act (Saskatchewan) (FOIPPA). This shall include, but is not limited to:
- Information of a personal or financial nature respecting an identifiable individual or corporation, including financial accounts and all utility account information;
- Information that could disclose a confidence of Cabinet; or
- Information supplied to the Crown Corporation in confidence by a third party.
Assessing Confidentiality
The Crown Corporation will submit to the Panel all information required for the Panel to complete its mandate, including that information required by the Minimum Filing Requirements and Terms of Reference for that specific review. Information submitted by the Crown Corporation to the Panel that is not marked as ‘Confidential’ will be treated by the Panel as available for disclosure to the public.
The basic principle in assessing whether or not to maintain information in confidence is to achieve an appropriate balance between the interest of the public in disclosure and the potential harm that could result from the disclosure of the information. Consideration should be given as to whether or not the information is already generally available to the public.
The initial assessment on whether or not any portion of the material supplied by the Crown Corporation to the Panel is Confidential Information will be made by the Crown Corporation. The Crown Corporation shall make its assessment based on the definition of Confidential Information contained in these Guidelines. The Crown Corporation shall mark all Confidential Information as ‘Confidential’ and submit such to the Panel. All Confidential Information submitted to the Panel must be accompanied by a written explanation as to why the Crown Corporation considers the material to be Confidential Information, including if applicable, specific references to the relevant exemptions contained in FOIPPA and relevant decisions by the Information and Privacy Commissioner and the courts in Saskatchewan.
Treatment, Use and Disclosure of Confidential Information
If the Panel agrees with the Crown Corporation’s assessment of the material as Confidential Information as defined in these Guidelines, then the Panel shall not disclose the Confidential Information to the public, nor shall it be included in the Panel’s report to the Minister.
If the Panel disagrees with the Crown Corporation’s assessment of Confidential Information, then the Panel shall refer the matter to CIC. CIC shall make the final determination on whether or not the material qualifies as Confidential Information under these Guidelines. All material assessed by CIC as Confidential Information under these Guidelines shall not be disclosed by the Panel to the public and shall not be included in the Panel’s report to the Minister.
The Panel recognizes that disclosing Confidential Information could harm the Crown Corporation and other third parties and that maintaining the confidentiality of the information is important and necessary.
Notwithstanding the assessment of any material as Confidential Information, the Panel may disclose Confidential Information to such independent experts, consultants and advisors engaged on its behalf to assist the Panel in its review and report, provided that such third parties are bound by similar obligations of confidentiality and non-disclosure as the Panel.
Previously Assessed Confidential
Where certain types of information are or have been assessed as Confidential Information in past rate review applications, the Panel shall continue to treat such information as Confidential in future rate review proceedings. The Crown Corporation shall continue to mark all previously assessed Confidential Information as ‘Confidential’.
Attached as Appendix A to these Guidelines is a list of information that has been assessed as Confidential Information in prior rate review applications and will continue to be considered Confidential Information in future rate change reviews by the Panel. Appendix A shall be updated from time to time as required upon consultation between the Panel, the Crown Corporation and CIC.
APPENDIX A
CURRENTLY ASSESSED CONFIDENTIAL INFORMATION
SaskPower:
- All commercial Power Purchase Agreements;
- Key Account Customer Contracts/Information;
- Natural Gas Purchase Policies and Protocols together with Natural Gas Price Management/Hedging Policies;
- Current and Future Business and Strategic Plans;
SaskEnergy:
- Specific Customer Account Information;
- Natural Gas Purchase Strategies together with Natural Gas Price Management/Hedging Strategies;
- Gas Purchase Contracts;
- Current and Future Business and Strategic Plans;
SGI: AutoFund
- Current and Future Business and Strategic Plans