AI-generated summary
· Application · 06/10/2026
NSEB Panel challenges EfficiencyOne's Board-Only confidential treatment of Mercer compensation data ahead of oral hearing in M12780 DSM Plan proceeding
AI summary
- The Board Panel for M12780 (McGrath KC, Murphy, and Willcott) issued a letter dated June 10, 2026 questioning EfficiencyOne's decision to file the Mercer Compensation Review (NSEB IR 17, Attachment 2) as "Board Only - Confidential," citing sensitive salary information for identifiable individuals as E1's stated justification.
- The Board drew a direct parallel to its June 14, 2022 decision in Nova Scotia Power Matter M10431, where it held that the public interest outweighed arguments for Board-only confidentiality over a comparable Mercer executive compensation report, ordering instead that the document be treated as "General Confidential" and made available to intervenors holding signed Confidentiality Undertakings.
- The Board asked EfficiencyOne to explain by noon June 16, 2026 why the same reasoning should not apply, effectively signalling a likely downgrade from Board-Only to General Confidential status for the compensation filing.
- The attached 2022 decision provides the legal framework under Boards Regulatory Rules Rule 12, applying the Sierra Club open courts principle and the Regulatory Compact concept, and confirms that privacy concerns can be adequately addressed through Confidentiality Undertakings rather than full Board-only restriction.
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What was filed
Documents filed on this day
- 102331 Board letter re: Board only confidential/response