§12.6 PUBLIC UTILITIES AND TRANSPORTATION
Exemptions for records of public utilities and transportation agencies are discussed below.
(1) Utilities
Under RCW 42.56.330(1), records filed with the Washington Utilities and Transportation Commission (WUTC) under RCW 80.04.095 are exempt when a court has determined they are confidential under that statute. RCW 80.04.095 provides an exemption for those records containing valuable commercial information, including trade secrets or confidential marketing, cost, or financial information, or customer-specific usage and network configuration and design information. Under this statute, the WUTC may not disclose any of the covered information until it provides notice to the persons directly affected who have marked the submitted records as containing valuable commercial information. Notified persons then have 10 days to obtain a superior court order protecting the confidentiality of the records. The court must base its determination of confidentiality on whether disclosure "would result in private loss, including an unfair competitive disadvantage." The WUTC details a specific procedure to designate confidential information and defines what is considered confidential under RCW 80.04.095 and other laws. See WAC 480-07-160. This rule incorporates and is consistent with RCW 42.56.270(1), the valuable formulae exemption and the "trade secrets" exemptions.
In Northwest GasAss'n v. Washington Utilities and Transportation Comm'n, 141 Wn.App. 98, 168 P.3d 443 (2007), review denied, 163 Wn.2d 1049 (2008), various pipeline companies sought to enjoin disclosure of details of gas...
