# Order No. 2 — Interim Protective Order [[N. Wesley Hunt|ALJ Hunt]]'s 14-page interim protective order — the legal scaffolding for everything sealed in the docket. EAL had moved for a sweeping protective order over 22 categories of information (lettered A through V); Hunt grants the motion with conditions. **This is the order that authorizes the seal on customer-specific filings — including [[GAJA Rider 2026 Annual Update|Filing Requirement 16]] (Non-CIAC Customer Payments).** ## What's inside - 26-008-TF_4_1.pdf — 20 pages. The order itself runs 14 pages; Attachments 1a (Confidential Information cover sheet), 1b (HSPI cover sheet), and 2 (Affidavit of Non-Disclosure) fill the remaining pages. ## Key takeaways - **The 22 categories of "Protected Information"** (Motion ¶ 4, A–V), each protectable on EAL's request: - A. Integrated Resource Plans - B. Resource Planning and Operations Committee minutes - C. Entergy Corporation / EAL board minutes - D. Hourly generation cost data - E. Plant operating statistics - F. Capacity/energy resource acquisition (RFP responses, bid evaluations) - G. Transportation and fuel-supply contracts - H. Supply / demand / pricing forecasts - **I. "Information or documents containing the names of individual customers (or from which individual customers could readily be identified), the terms of individual contracts, individual usage or individual prices, or other individual material terms associated with EAL's business with those customers."** — the [[Special rate contract|special-contract]] / [[Altitude Capital, LLC|hyperscale]] seal authority. - J. Contracts with counterparties related to generating resources - K. O&M contracts on generating resources / PPAs - L. Computer software / files containing protected information - M. MISO deliverability / transmission information - N. Generating resource development/financing/ownership information - O. Non-public MISO information about EAL's costs, billings, operations - P. Current financial information - Q. Operating budgets, financial forecasts to ratings agencies - R. Planning / strategic business decisions - S. Competitively sensitive negotiated contract prices and terms - T. Documents designated Confidential / HSPI in other dockets *(DENIED by Hunt — see below)* - U. Internal / external auditor reports on Company controls - V. Homeland Security / Critical Energy Infrastructure Information - **What Hunt curtailed.** Three meaningful limits on the company's request: - Paragraph T (auto-import of Confidential / HSPI designations from other dockets) was **excluded** ("documents or other information designated as Confidential or HSPI in other dockets or proceedings are not considered confidential or HSPI in this Docket unless it meets the specific criteria or definition for Confidential or HSPI as defined herein"). Each seal must be re-justified in this docket. - EAL's request that breach of the protective order entitle the protected party to an injunction without bond was **denied**. - Hunt explicitly references "the transparency concerns and findings from Order No. 6 in [[Jefferson Power Station|Docket 25-047-U]]" and "orders EAL to make a good-faith effort to minimize unnecessary redactions and to ensure that the public record contains as much non-confidential information as practicable," cautioning EAL to avoid designating all Protected Information as HSPI in a way that "renders the Confidential Information category meaningless." - **HSPI definition** (Ordering Paragraph 4): "Documents or information that are commercially sensitive in a competitive energy or capacity market that if improperly disclosed would expose the Company to an unreasonable risk of harm, including but not limited to: (1) customer-specific information; (2) contractual information pertaining to contracts that specify that their terms are confidential or which are confidential pursuant to an order entered in litigation to which the Company is a party; (3) market-sensitive fuel price forecasts, wholesale transactions information and/or market-sensitive marketing plans; and (4) business operations or financial, cost or modeling information in a competitive electric energy marketplace." - **Reviewing-representative restrictions** (Paragraph 6): HSPI access for any party other than Staff or the AG is restricted to representatives who certify they are not themselves "participants in the competitive energy or capacity market" and do not represent such participants. - All parties retain the right to contest the entitlement to protection at any time (Paragraph 10). ## People and orgs mentioned - [[N. Wesley Hunt]] — issued the order - [[Entergy Arkansas]] — moving party - [[J. David Palmer]] — signed the supporting affidavit (Exhibit A) to EAL's motion - [[APSC General Staff]] — filed Response (Doc #3); did not contest but reserved right to challenge later ## Concepts invoked - HSPI (Highly Sensitive Protected Information) designation - The categories A–V map onto the kinds of records that explain "what is sealed in any APSC Entergy docket" - The four-category HSPI definition is the framework used to justify the sealing of [[GAJA Rider 2026 Annual Update|Filing Requirement 16]] (Non-CIAC Customer Payments) ## Cross-references - The seal categories here are the same categories invoked in [[Class Cost of Service Study|Klucher's study]] (Docket 26-001-U) when special-contract customers' load data is excluded — the customer names and contract terms are protected under Category I. ## Open questions / follow-ups - Has any party in this docket ever contested an EAL Confidential/HSPI designation under Paragraph 10's reserved right? The Statement of Compliance (Doc 49) and Discovery filings (Docs 46, 50) might show that — not retrieved. - Order No. 6 in Docket 25-047-U (the Jefferson Power Station CECPN), which Hunt cites for its "transparency concerns and findings," is not in the retrieved subset of 25-047-U — that docket was ingested 2026-05-22 with Orders 1–5 only; Order No. 6 remains a priority follow-up.