W&S-175: We have concerns about the confidentiality of the documents that we provide in response to the requirements of the Part 1 Proposal. What assurances do we have that these will be kept confidential?

For a procurement event held by a Procurement Administrator on behalf of the Illinois Power Agency, the Commission makes public only the names of the successful bidders and the average of the winning bid prices.  As required by Section 16-111.5(h) of the Public Utilities Act, “all participants in the procurement process shall maintain the confidentiality of all other supplier and bidding information.” Participants include the Procurement Administrator, the Procurement Monitor, the Commission, and the Illinois Power Agency. As further provided for in that section, any such confidential information “shall not be made publicly available and shall not be discoverable by any party in any proceeding, absent a compelling demonstration of need.”  Additionally, for any confidential information shared with the Illinois Power Agency, the IPA is subject to a separate, standalone requirement found in Section 1-120 of the IPA Act (20 ILCS 3855); this Section requires that the Agency “shall provide adequate  protection for confidential and proprietary information furnished,  delivered, or filed by any person, corporation, or other entity.” This requirement to provide protection for third-party confidential information submitted to the Agency includes, but is not limited to, situations in which that information is provided to the Agency as part of a competitive procurement process.