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Parties agree to coordinate on confidentiality terms and support virtual public hearings in Maryland gas planning docket
Summary
During the pre-hearing conference, parties agreed to develop a standard nondisclosure agreement for discovery of confidential materials and expressed support for written and virtual public comment opportunities; the special master said he will set discovery rules in his forthcoming order.
Representatives at the pre-hearing conference discussed discovery limits, the need for nondisclosure agreements for outside experts, and how public comment should be handled in the long-term gas planning docket.
Carville Collins, counsel for Columbia Gas of Maryland, said utilities commonly use nondisclosure agreements for outside consultants and proposed that the gas companies "get together and try to develop a single, nondisclosure agreement that could be utilized for purposes of this proceeding." Commission staff echoed the need for confidentiality protections, and Gorak said he would look for a proposed confidentiality agreement to incorporate in his order.
On public input, several parties — including the Maryland Sierra Club, CCAN, Commission staff, Columbia Gas, OPC and Montgomery County — supported both written comments and public hearings. Many recommended virtual formats or evening hearings to allow broad participation across the state. Beverly Sikora (BGE) and Carville Collins (Columbia Gas) noted that virtual public hearings have been used in prior statewide dockets to avoid travel burdens and ensure participation by residents in remote areas.
Gorak told participants that discovery should not proceed until he issues an order establishing a discovery schedule and related protocols, and he encouraged parties not to file numerous discovery requests before the order issues.
The special master will issue a written order that, according to his comments at the conference, will set discovery timelines and confidentiality arrangements and describe opportunities for public comment.
