20130404Letter.pdf

April 3, 2013
EnerNOC, Inc
101 Federal Street
Suite 1100
Boston, MA 02110
Tot: 617 224 9900
Fax: [phone]
wwwenernoccom
nfo@enernoccom pr r --
2U13 APR -t AM 8: 12
D U.3UC liT ItES COMMISSION
VIA EMAIL AND OVERNIGHT COURIER
Jean D. Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83702
Re: Case No. IPC-E-13-04-i-
Dear Ms. Jewell:
On March 7, 2013, Idaho Power Company ("Idaho Power") filed a petition for approval with
the Idaho Public Utilities Commission ("IPUC") for approval of Amendment 2 to the Demand
Response Agreement by and between Idaho Power and EnerNOC, Inc. ("EnerNOC"), dated
February 23, 2009, as amended February 23, 2010 (the "DR Agreement"). On March 19, 2013,
Idaho Power was advised by the Industrial Customers of Idaho Power ("ICIP") that in addition to
entry into the Commission's standard protective agreement, ICIP was requesting access to the entire
file, including a copy of the DR Agreement. In a letter dated March 21, 2013, Idaho Power provided
the Commission with is objection to the disclosure of the DR Agreement to ICIP. On March 26,
2013 Idaho Power informed EnerNOC that ICIP submitted its First Production Request on March
25, 2013. Request for Production No. 5 requests access to the DR Agreement and subsequent
Amendments to the Agreement.
EnerNOC requests that the Commission afford confidential treatment to the DR Agreement
in order to safeguard the confidential financial and commercial information contained therein.
EnerNOC believes that disclosure of the DR Agreement to ICIP and its members is not only
unnecessary, but also detrimental to EnerNOC's competitive position. Disclosure of the DR
Agreement would (i) disrupt EnerNOC's relationship with current ICIP members that are EnerNOC
customers; and (ii) compromise EnerNOC' s ability to negotiate similar arrangements in the future on
favorable terms by providing a competitive advantage by exposing sensitive financial and other
confidential Information. The nondisclosure of the DR Agreement will prevent substantial,
identifiable harm to EnerNOC by protecting unique pricing, payment and business model terms that
EnerNOC considers to be proprietary and trade secreL If this information was disclosed, ICIP and
its members would he able to gain important insights into EnerNOC's proprietary business model
strategies causing grave injury to EnerNOC' s competitive position. EnerNOC' s inability to establish
effective demand response programs and the inability to negotiate similar arrangements in the future
would cause substantial harm to the competitive position of EnerNOC.
In addition, EnerNOC believes that its request for confidential treatment of the DR
Agreement is narrow in scope and does not conflict with the Commission's process for purposes of
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Boston, MA 02110 info®enernoccom
evaluating the FlexPeak demand response program, including ICIP's need for information for
purposes of making an informed decision with regard to participation.
Moreover, disclosure could also harm EnerNOC's ongoing relationship with Idaho Power, as
disclosure of such information could be used by other demand response aggregators negotiating
similar arrangements with Idaho Power. The specific and enumerated payment terms were heavily
negotiated and the disclosure of this information would provide competitors with an unfair
advantage in devising and structuring competitive programs in order to improve their competitive
position at the expense of EnerNOC.
EnerNOC also believes that the DR Agreement contains the type of sensitive commercial
and financial information that has been consistently recognized under the law as entitled to
confidential treatment. EnerNOC would be pleased to submit any additional information that the
Commission or the staff may require in support of this request.
Sincerely,
Michael J. Berdik
Associate General Counsel
cc:
David Samuels (Executive Vice President, EnerNOG, Inc.)