The Mont. Supreme Court ruled that utilities and other businesses...
The Mont. Supreme Court ruled that utilities and other businesses don’t enjoy a blanket right to privacy under the state constitution. The court rejected NorthWestern Energy’s contention that material it filed at state PSC’s behest was automatically entitled to…
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
privacy protection. The court said the state constitution’s framers never intended to give privacy rights to “nonhuman entities.” Although involving an energy utility, the court’s ruling also applies to telecom companies and other entities regulated by the PSC. The court said utilities can keep sensitive information secret by seeking specific confidentiality protection, but they have no blanket right to have filings shielded. The case arose when several Mont. newspapers requested details of certain of power purchase contracts. The PSC in 2001 denied access, citing privacy. The court ruled that the PSC can’t presume utilities have a right to confidentiality. The presumption is that utilities’ filings are open unless the utility can show a particular filing involved trade secrets or property rights that required protection, the court said.