APSC FILED Time: 8/27/2013 9:42:13 AM: Recvd 8/27/2013 9:07:16 AM: Docket 13-079-U-Doc. 1 Arkansas Public Service Commission General Rate Case Docket Summary Cover Sheet Must be filed with each new docket filed at the Commission STYLE OF DOCKET: (Style may be changed by Secretary of Commission) Docket Number: IN THE MATTER OF THE APPLICATON OF 13-079-U SOURCEGAS ARKANSAS INC. FOR APPROVAL OF A GENERAL CHANGE IN RATES AND TARIFFS DOCKET DESIGNATOR: IZI U LAST RATE CASE DOCKET, ~L_12_-0_0_3_-U ~1 Date Notice ofIntent filed by company: July 1. 2013 PETITIONER/INITIATING PARTY SourceGas Arkansas Inc. ATTORNEYS' NAME, ADDRESS, PHONE, FAX AND E-MAIL Matthew A. Greene Lawrence E. Chisenhall, Jr. Deputy General Counsel Chisenhall, Nestrud & Julian, P.A. SourceGas Arkansas Inc. 2840 Regions Center 655 E. Millsap Rd. 400 West Capitol Avenue P.O. Box 13288 Little Rock, AR 72201 Fayetteville, AR 72703 Phone: (501) 372-5800 Phone: (479) 582-7818 Fax: (501) 372-4941 Fax: (479) 582-7831 [email protected] [email protected] Pursuant to Rule 2.03(b), ofthe Commission's Rules of Practice and Procedure, please provide name, address, _l)hone, fax, e-mail of at least one person, but not more than two, to appear on the Service List for this docket Matthew A. Greene Lawrence E. Chisenhall, Jr. Deputy General Counsel Chisenhall, Nestrud & Julian, P.A. SourceGas Arkansas Inc. 2840 Regions Center 655 E. Millsap Rd. 400 West Capitol Avenue P.O. Box 13288 Little Rock, AR 72201 Fayetteville, AR 72703 Phone: (501) 372-5800 Phone: (479) 582-7818 Fax: (501) 372-4941 Fax: (479) 582-7831 [email protected] [email protected] 1. Company's current authorized retail revenue requirement: $58,905,521 2. Retail revenue requirement requested: Not available. Will be provided when the application is filed. 3. Percentage increase by rate class (i.e., residential, commercial, industrial, etc). Not available. Will be provided when the application is filed. 4. Estimated monthly impact on average residential customer in both dollars and percentage increase Not available. Will be provided when the application is tiled. 5. Current authorized return on equity and overall rate of return: 9.45% Return on Equity; 6.21% Overall Rate of Return 6. Requested return on equity and overall rate of return: Not available. Will be provided when the application is filed. 7. Identify the major retail revenue requirement increase drivers, e.g., acquisition of new plant, higher requested, Return on equity, depreciation rate change, etc. Please continue on second page if more space is needed. APSC FILED Time: 8/27/2013 9:42:13 AM: Recvd 8/27/2013 9:07:16 AM: Docket 13-079-U-Doc. 1 Not available. Will be provided when the application is filed. Form completed by: Laura Sossamon Representing: SourceGas Arkansas Inc. Date: August 26, 2013 APSC FILED Time: 8/27/2013 9:42:13 AM: Recvd 8/27/2013 9:07:16 AM: Docket 13-079-U-Doc. 1 APSC FILED Time: 8/27/2013 9:42:13 AM: Recvd 8/27/2013 9:07:16 AM: Docket 13-079-U-Doc. 1 BEFORE THE ARKANSAS PUBLIC SERVICE COMMISSION IN THE MATTER OF THE APPLICATON OF SOURCEGAS ARKANSAS INC. FOR APPROVAL OF A GENERAL CHANGE IN RATES AND TARIFFS MOTION FOR INTERIM ) ) ) ) DOCKET NO. 13-079-U PROTECTIVE ORDER Now comes SourceGas Arkansas Inc. ("SGA" or "Company") and hereby moves for an interim protective order pursuant to Ark. Code Ann. Section 23-2-316 and Rules 3.07(a) and 13.05 of the Commission's Rules of Practice and Procedure, to preclude the public disclosure of its proprietary, competitive, and confidential information. In support of its motion, SGA states as follows: 1. On July 1, 2013, in accordance with Ark. Code Ann. §23-4-401, SGA filed notice of its intent to file an application for a general change or modification in its rates, charges and tariffs ("Application") no sooner than 60 days and no later than 90 days from the date of its notice. 2. SGA anticipates that during the course of the proceedings related to its Application, the General Staff of the Commission ("Staff') and/or some other party may request certain information from SGA that is confidential, proprietary and competitively sensitive, and is related to the business activities of SGA, its parent company SourceGas LLC, and/or SGA's other affiliates (collectively, "Confidential Information"). 3. In addition, some of the testimony, exhibits and work papers which may be filed or otherwise provided by SGA in this proceeding may contain Confidential Information. 1 APSC FILED Time: 8/27/2013 9:42:13 AM: Recvd 8/27/2013 9:07:16 AM: Docket 13-079-U-Doc. 1 4. SGA makes this request for an interim protective order to facilitate the filing of testimony and exhibits, the production of work papers and the expeditious provision of information requested by Staff or any other party to this proceeding, while at the same time ensuring that public disclosure of Confidential Information does not hamper SGA's ability to operate its business in an economic and competitive manner, does not harm the public or customers or employees of SGA, and does not place SGA in violation of contractual duties and obligations. 5. In anticipation of responding to data requests, producing work papers, and filing future testimony and exhibits, SGA has, thus far, identified the following categories of information which should be protected under Ark. Code Ann. §23-2-316 and Rules 3.07(a) and 13.05 ofthe Commission's Rules of Practice and Procedure, except to the extent such information has already been publicly disclosed: a) Information or documents reflecting or relating to planning and strategic business, marketing or operational plans, studies or presentations, market evaluations and program plans, plans for issuance of securities or other sources of funding and similar documents. b) Information or documents reflecting or relating to operating budgets, actual budgets, original budgets, revised budgets, supply or sales forecasts, demand forecasts, and similar information. c) Income tax returns and supporting schedules and work papers. d) All current financial and financing information (including, but not limited to, balance sheets, financial statements, operating statements, lending facilities and credit lines) prior to its public disclosure, where appropriate, if the disclosure of the information 2 APSC FILED Time: 8/27/2013 9:42:13 AM: Recvd 8/27/2013 9:07:16 AM: Docket 13-079-U-Doc. 1 could cause SGA, its parent or any other affiliate to suffer damage to its competitive or financial position or cause it to be in violation of any financial or loan agreement, covenant or any state or federal law or regulatory provision. e) Information or documents containing the names of individual customers, or from which individual customers could reasonably be identified, and which contain the terms of individual customer contracts, individual gas usages, individual prices, or other individual material terms associated with SGA's business with those customers. f) Information or documents that reflect the assessment of a customer's ability to bypass SGA's facilities or switch to alternate fuels and which identify the customer or contain information from which the customer reasonably could be identified; and/or information or documents that reflect or discuss SGA's analysis or methodology for determining appropriate competitive rates for customers with by-pass or fuel alternatives, and/or eligibility therefor. g) Information or documents of a personal nature, or containing compensation or benefit information, about any specific current or former employee or officer, unless otherwise publicly disclosed. SGA reserves the right to seek further protection with regard to information concerning any employee or officer should circumstances later occasion the need for such protection. h) Information regarding fees paid in connection with the recruitment of any particular employee or officer, to the extent it identifies a particular amount or particular amounts paid regarding a particular employee, officer or position. i) Information regarding future compensation or benefit plans as well as employeespecific compensation or benefit information. 3 APSC FILED Time: 8/27/2013 9:42:13 AM: Recvd 8/27/2013 9:07:16 AM: Docket 13-079-U-Doc. 1 j) Minutes of meetings or presentation to boards of directors or shareholders. k) Reports, work-papers and other documents of internal or external auditors which contain (or to the extent they contain) any information described above, or information that is proprietary or confidential to the auditors or information concerning the controls of SGA, its parent, or other affiliate, or any other non-public information which would reflect the operations of SGA, its parent of other affiliates in a manner which would reveal competitively sensitive information. l) All computer software, files or other similar information, to the extent that it either contains information or data described above or represents a proprietary product for which disclosure to a third party (other than Staft) is constrained by contract. Disclosure of proprietary computer software, where such disclosure to third parties is prohibited by contract, will not be provided to any party (other than Staft) even where an affidavit of non-disclosure is executed, when such proprietary program or software is available to the commercial or general public for purchase. m) All assessments, prepared by SGA, its attorneys, accountants or agents, of SGA's actual or potential liability under gas purchase contracts, gas transportation contracts, or other contracts. n) All settlement agreements and other agreements which the parties thereto have designated as confidential or which require the seeking of a protective order prior to the disclosure of the terms thereof. o) Descriptions of work performed by attorneys on behalf of SGA or any of its affiliates. 4 APSC FILED Time: 8/27/2013 9:42:13 AM: Recvd 8/27/2013 9:07:16 AM: Docket 13-079-U-Doc. 1 p) Information regarding transactions involving the merger, acquisition, sale or purchase of any business unit by SGA or any of its affiliates, the existence and details of which have not been made public. q) Information reflecting negotiations or settlements with gas suppliers, transporters, property owners, customers, or other parties. r) Information reflecting the terms of gas purchase or transportation contracts. s) Information related to Homeland Security concerns or issues or any similar information that is deemed sensitive for reasons of national security or homeland security, including but not limited to, information deemed to be Critical Energy Infrastructure Information by the Federal Energy Regulatory Commission. 6. Release ofthe foregoing information would cause SGA, or its parent or other affiliates to suffer material damage to their competitive or financial position; would reveal proprietary facts and trade secrets; and would impair the public interest, due to the effect this disclosure would have on future operations. Furthermore, this information has not already been disclosed (except subject to protective orders or other measures to protect its confidentiality) and SGA, its parent, or other affiliates have maintained such information as confidential while in its possession. 7. SGA respectfully requests that the above-described information and the documents and software in which it is contained be subject to a protective order under Ark. Code Ann. Section 23-2-316 and Rules 3.07(a) and 13.05 of the Commission's Rules of Practice and Procedure; that subject to the additional restriction on access to information falling within category 5(1) above, access to such documents and software (and any reproduction or copying of any part thereof) be restricted to counsel, and other agents or employees, who 5 APSC FILED Time: 8/27/2013 9:42:13 AM: Recvd 8/27/2013 9:07:16 AM: Docket 13-079-U-Doc. 1 have been specifically assigned to this proceeding by Staff or intervenors and who have signed an Affidavit of Confidentiality; that the information, documents or software be used solely in connection with this proceeding; that protected information, documents or software used in depositions, prepared testimony or otherwise will be redacted and submitted under seal; that all written information or software to be covered by the provisions ofthe protective order should be marked "CONFIDENTIAL, SUBJECT TO PROTECTIVE ORDER IN DOCKET NO. 13-079-U" prior to delivery; that neither the furnishing of confidential information, documents, or software, nor their availability for review by Staff or intervenors, shall be considered a waiver of any right to object upon any ground to the use or introduction into evidence of any such documents, software or the information contained therein during any proceeding; and, not later than 3O days following the conclusion of this proceeding, by the issuance of a final, non-appealable Order of the Commission, all documents and software designated as "CONFIDENTIAL, SUBJECT OT PROTECTIVE ORDER IN DOCKET NO. 13-079-U", including all copies in whole or in part thereof, or any information therein however made, should be returned to the entity providing the information. 8. SGA requests that the protective order sought by this Motion apply to the described information in the possession, custody or control of SGA, its parent, or other affiliates, or their external auditors, and produced by SGA: a) in response to discovery requests propounded in this proceeding; b) as part of any testimony or exhibits filed by SGA in this proceeding; or c) as part of any work papers produced by SGA. 9. SGA reserves the right to seek additional protective orders from the Commission during the course of discovery in this proceeding, if Staff or intervenors should later issue data 6 APSC FILED Time: 8/27/2013 9:42:13 AM: Recvd 8/27/2013 9:07:16 AM: Docket 13-079-U-Doc. 1 requests for information which SGA believes require the production of confidential, proprietary and/or competitively sensitive information, and which information is not otherwise adequately covered by the protective order requested herein. SGA also reserves the right to object to the disclosure of the information described in this Motion to future intervenors. 10. Should any party ask the Commission to release from protective seal any information that the party believes is not entitled to continued protection, SGA will bear the burden of establishing that such information should continue to be protected in accordance with Ark Code. Ann. Section 23-2-316 and Rules 3.07(a) and 13.05 of the Commission's Rules of Practice and Procedure. WHEREFORE, SGA hereby respectfully requests that the Commission enter an interim protective order preventing public or unauthorized disclosure of the documents and information described in Paragraph 5 above. Respectfully submitted, SOURCEGAS ARKANSAS INC. By: Matthew A. Greene Deputy General Counsel SourceGas Arkansas Inc. 655 E. Millsap Road P.O. Box 13288 Fayetteville, AR 72703-1002 Phone: (479) 582-7818 Fax: (479) 582-7831 [email protected] 7 __ APSC FILED Time: 8/27/2013 9:42:13 AM: Recvd 8/27/2013 9:07:16 AM: Docket 13-079-U-Doc. 1 Laura R. Sossamon Associate General Counsel SourceGas Arkansas Inc. 655 E. Millsap Road P.O. Box 13288 Fayetteville, AR 72703-1002 Phone: (479) 582-7849 Fax: (479) 582-7831 [email protected] Lawrence E. Chisenhall, Jr. Chisenhall, Nestrud & Julian, P.A. 2840 Regions Center 400 West Capitol Avenue Little Rock, AR 72201 Phone: (501) 372-5800 Fax: (501) 372-4941 [email protected] Attorneys for SourceGas Arkansas Ine. 8 APSC FILED Time: 8/27/2013 9:42:13 AM: Recvd 8/27/2013 9:07:16 AM: Docket 13-079-U-Doc. 1 CERTIFICATE OF SERVICE I, Matthew A. Greene do hereby certify that I have caused to be served a copy of the foregoing Motion for Interim Protective Order upon the following persons, via electronic mail, this 27th day of August, 2013: Mr. John Bethel Executive Director Arkansas Public Service Commission e-mail: [email protected] Mr. Robert Booth Manager, Natural Gas and Water Utilities Section Arkansas Public Service Commission e-mail: [email protected] 9