The EDCs will not execute a non-disclosure agreement for the financial information submitted with the Part 1 Application.  

Section IV.B. Confidentiality of Auction Information of the EDCs’ Joint Proposal contains a list of information that the EDCs proposed to remain confidential throughout the Auction Process and specifically, the confidentiality of financial information provided in the Applications is addressed in the Order of the New Jersey Board of Public Utilities (“Board”) approving the EDCs’ Joint Proposal.  In its Order from November 17, 2023, the Board re-affirmed the confidentiality provisions of its December 1, 2004 Order in Docket No. EO04040288 (“2004 Order”).  In the 2004 Order, the Board specified that information provided in the Applications (other than information already released publicly) is proprietary commercial and financial information, and deemed confidential.  This would include all financial data that is not available publicly.  Further, this 2004 Order makes such information an exception to the Open Public Records Act (“OPRA”) so that any request to the Board’s custodian for this information would be denied.  Procedures for the administration of the BGS Auctions are in place to ensure that the auction process is conducted in accordance with the Board’s Orders and decisions.  

Bidders are advised that the information they provide as part of the application process will be treated as confidential on the front page of the Part 1 Application, which states that: “Any information in this application will be provided on a confidential basis to the BGS Auction Manager Team and representatives from the New Jersey Board of Public Utilities (“Board”). Any information that you provide in this application, except for information regarding bidding agreements provided in Section 10, can be provided on a confidential basis to a committee of the Electric Distribution Companies (“EDCs”).”

The 2004 Order is provided as Attachment C in the most recent Board Order approving the 2024 Auction Process and is also posted to the BGS Orders page of the “auction” tab on the BGS Auction website.