Electronic Application of Delta Natural Gas Company, Inc. for Approval of Logo Disclaimer and Notice of Nonregulated Activity - Petition for Confidential Protection

Sep 10, 2026

Delta Natural Gas Company, Inc. petitions the Kentucky Public Service Commission for confidential protection under 807 KAR 5:001, Section 13 to shield specific information provided in response to Staff’s First Request for Information. The filing identifies confidential commercial information under KRS 61.878(1)(c)(1), especially Exhibit B to the Marketing Agreement with HomeServe, citing proprietary compensation terms from negotiations. Delta argues public disclosure would enable competitors and vendors to gain unfair leverage and impair Delta’s future contract negotiations, ultimately harming customers.

LanguageEnglish

CategoryResearch & Report

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Pages4

Reading Time10 min

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Petition for Confidential Protection

Confidential Commercial Information—KRS 61.878(1)(c)(1)

Confidential Information Subject to this Petition

Request for Confidential Protection Duration

COMMONWEALTH OF KENTUCKY BEFORE THE PUBLIC SERVICE COMMISSION In the Matter of: ELECTRONIC APPLICATION OF DELTA NATURAL GAS COMPANY, INC. FOR APPROVAL OF LOGO DISCLAIMER AND NOTICE OF NONREGULATED ACTIVITY )) )) CASE NO. 2024-00057 PETITION FOR CONFIDENTIAL PROTECTION Delta Natural Gas Company, Inc. (“Delta”) petitions the Kentucky Public Service Commission (“Commission”) pursuant to 807 KAR 5:001, Section 13 to grant confidential protection for certain information that Delta is providing in response to Commission Staff’s First Request for Information, Item No. 2(a) (“PSC 1-2(a)”) . In support of its Petition, Delta states as follows: Confidential Commercial Information—KRS 61.878(1)(c)(1) 1. The Kentucky Open Records Act exempts from disclosure certain records which if openly disclosed would permit an unfair commercial advantage to competitors of the entity that disclosed the records. 1 Public disclosure of the information identified herein would, in fact, prompt such a result for the reasons set forth below. 2. In response to PSC 1-2(a), Delta is providing as an attachment the Marketing Agreement between Delta and HomeServe USA Repair Management Corp. (“HomeServe”) . Exhibit B to the Marketing Agreement is confidential because it discloses the compensation structure and terms associated with the Marketing Agreement. The compensation structure is a result of proprietary negotiations between Delta and HomeServe. Delta’s parent company, 1 KRS 61 . 878(1)(c)(1) . Essential Utilities, Inc. (“Essential”) has entered into similar agreements with HomeServe in other states over the previous twenty years.2 The terms set forth in Exhibit B of the attachment to PSC 1-2(a) are the culmination of the professional working relationship that Essential and Delta have expended substantial resources to develop with HomeServe. 3. Public disclosure of the information in Exhibit B of the attachment to PSC 1-2(a) would allow other home repair service companies like HomeServe, and other third-party vendors, to have an unfair commercial advantage when negotiating with Delta in the future. Third-party vendors could use the information in Exhibit B to set a floor or a ceiling for compensation terms in future contracts with Delta. If these carefully negotiated contracting terms are publicly disclosed, Delta will be harmed in its ability to negotiate terms that supply the most benefit to Delta and its customers. Any hinderance of Delta’s negotiating abilities with third-party vendors will ultimately harm Delta’s customers. 4. Because of the proprietary nature of the information at issue, Delta requests confidential protection for Exhibit B of the attachment to PSC 1-2(a) . The Commission has previously granted confidential protection for similar information.3 Confidential Information Subject to this Petition 5. With the exception of information provided between Delta or Essential and HomeServe pursuant to contractual agreements, the information for which Delta is seeking confidential treatment is not known outside of Delta, its parent companies, their consultants with a need to know the information, and Delta’s counsel, is not disseminated within Delta except to 2 Essential has operating subsidiaries that provide water through its Aqua entities, and gas through its Peoples entity. 3 See, e.g., Notice of Kentucky Power Company Pursuant to 807 KAR 5:080 for Establishment of a New Nonregulated Activity, Case No. 2014-00420, Order at 1-2 (Ky. PSC Apr. 29, 2015) . those employees with a legitimate business need to know and act upon the information, and is generally recognized as confidential and proprietary information in the energy industry. 6. Delta will disclose the confidential information, pursuant to a confidentiality agreement, to intervenors with a legitimate interest in this information and as required by the Commission. No person has requested intervention in this case at this time. 7. If the Commission di

FAQs

What information is Delta seeking to protect as confidential?

Delta seeks confidential protection for Exhibit B to the Marketing Agreement with HomeServe, including compensation structure terms provided in response to PSC Staff’s request.

Why does Delta argue the information should remain confidential?

Delta contends disclosure would give competitors and third-party vendors an unfair commercial advantage, including the ability to set compensation floors or ceilings in future negotiations.

What procedural steps does Delta request if the Commission disagrees?

Delta requests that, if confidential protection is denied, the Commission hold an evidentiary hearing to protect due process rights and build a complete record for a decision.

Sep 10, 2026

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