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Wi1li:m L LViIsoti. Yr Mark R. IIu[chinsnn ' I , Sicvcn Poreut T. I'onmq. 1.itclepogl:

Date: April 19.2G12

To: From:

Fax #

kX. PUBLIC SERVICE COR.I:IvIlSSPON RANDY HUTCXiINSON

APR 1 9 2012 PUBLIC SERVICE

CO b.4 M I S S ! GN

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April 19, 20 12

Jeff R. Deroucn Executive Director Kcritucky Public Service Cominissiori 2 1 1 Sower Blvd. PO Box 615 Frankfori, Kentucky 40602

PUBLIC SERVICE c 0 A/? MI s s ! ON

RE: to Supplement Record - Case No. S O l t - O O l 10

i-itmos Energy Corpor-ation1 -. Petitim for Corifildentiality and Motion

Dear. Mr. Dcrouen:

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C 0 M M 0 N WEAL T H 0 F KENT U C K'Y BEFORE THE PIJBtlC SERVICE COMMISSION

IN THE MATTER OF;

APPLICATION OF ATMOS ENERGY CORPOKA'rIOI\I FOR CLARIFICATION OR ALTERNATIVELTY FOR MODIFICATION OF ITS APPROVED HEDGING PROGRAM Case No. 2012-001 10

PET 1 TI ON FO R CON F I D EN T I ALl'T 'I'

Atmos Energy Corporation ("Atmos Energy") r.espc?ctFully petitions lhc7 Kentucky Public Service

Commission ("Commission"), pursuant. to 807 KciR S:00'1 Section 7. and ail other applicable law, for

confidential treatment of the attached materials regarding its hedgirig program.

1, On March a, 201 2, Atmos Energy Inade power- poiri t presentation to the Commission

Staff concerning its hedging program which contained serisilive and cor;fidenlial iriformation about pricing

and strategies. Atmos Energy has this day filed a Motion !.o Si;ppleiiierii the record with hard copies of the

information contained in the power point preseiitatro!?.

2 The attached seventeen (1 7) pages conlairi sensitive pricing information and confidential

inforniation about Atmos Energy's hedging strategie2. Airr!os Energy's liedying strategies (including the

prices Atmos Energy would likely pay for hedging conlracts under vario!.rs market conditions) constitutes

sensitive, proprietary information which if publicly diijclssed could pirt /itmos Energy at a commercial

disadvantage in future hedging negotiations. Prospeciive brokers of hcdging devices would gain insight

into how Atmos Energy is likely to react to changing marker conditions iri terms of what Atmos Energy

might be willing to pay for hedging contracts. This infrirrr\atiorr would ncli t i i twwise be available. Although

the full extent to which Atmos Energy would be disadmlagecl in future negotiations is difficult to predict, it

is clear that Atrnos Energy would likely be disadvankqed i;~ future inegrjtiations if the information contained

in the attachments to this Petition is made public.

3 Atmos Energy would not, as a niatter 01 company policy, disclose inforniation like that

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contained in the attachments tci any person or entity, except as required by law or pursuant to a coi~rt order

or subpoena. Atmos Energy's internal practices and policies are d i r x t d towards non-disclosure of the

attached information In fact, the information contained in ihe attached schedules is not disclosed to any

personnel of Atmos Energy except those who need in know in order io discharge their responsibility. Atrnos

Energy has neber disclosed such information publicly. !"his inforimtior; is not customarily disclosed to the

public and is generally recognized as confideniial ;iiid proprietary in the industry. The Commission has

historically granted Atmos Energy confidential protecliori lo information concerning the actual price being

paid by Atmos Energy io individual marketing cori2p:mie.s aild other suppliers of natural gas.

4. There is no significant interest in public disclfisure of the iiifoor-mation contained in the attached

schedules. Any public interest in favor of disclosure QI' [lie iriforniation is out weighed by the competitive

interest in keeping the information confidential

5, The information contained in the attached sihedules is also efititrecl lo confidential treatment

because it constitirtes a trade secret under the two p i - t g test of KRS 265.880: (a) the econoniic value of

the information is derived by not being readily ascert:iinable by other pr:rsons who might obtain econoniic

value by its disclosure and (h) the information is Ihe siibjecl of efforts t hz l are reasonable under the

circumstances to maintain its secrecy The economic value of this iniorniation is derived by Atmos Energy

maintaining the confidentiality of the information sinm prospective brokers could obtain economic value by

its disclosure.

6 , Pursuant to 807 KAR 5001, Section 7 (3j, ternporary confidentiality of the attached schedules

should be maintained until the Cornmission enters ;31i order, ijs to this Perition. Once the order regarding

confidentiality has been issued, Aimos Energy wouh have twenty (20) days to seek alternative remedies

pursuant to 807 KAR 5:0001! Section 7 (4).

7. In Atmos Energy's previous hedging cases ihs Commission hzs granted confidential protectiori to

the same type of information for which confidential protection IS now requested.

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WHEREFORE, Atmos Energy petitions the Camniissiaii to treat a!; confidential the attached schedules

marked as "CONFIDENTIAL",

Respectfully submitted this 2 day of April, 261 2.

Doug I as %'a I lh e I. ATM OS E I\/ E RGY C ORPORATI 6N PO Box 650250 Dallas, Texas 75265

VERI Fi CAT ION

I, Mark A. Martin, being duly sworn under oath state that I am Vice Piesident of Rates and Regulatory Affairs for Atmos Energy Corporation, Kerituckylblidstates Division, and that the statements contained in the foregoing Petition are true as I verily believe.

CERTIFICATE OF SERVICE

I hereby certify that on the /? day of April, 2012, tlit? original of this Petition, with the Confidential Information for which confidential treatrnerit is sought, together with ten (1 0) copies of the Petition without the confidential information, was faxed. and also overnighted, 10 the Kentucky Public Service Commission, 211 Sower Boulevard, P .0 Ehx 615, Frankforl, Kentucky 40206, and to Larry Cook and Dennis Howard, Attorney General's Office, 1024 Capital Center Drive, Frankfort, Kentucky 40206,

Mark R.. I-iulchinson

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COMMONWEAL) W OF liEN4UCKi' BEFORE THE PCJBLIC SERVICE c":OM[\iilSSlON

IN THE MATTER OF'

APPLICATION OF ATMOS ENERGY CORFORA'TiCjN FOR CLARIFICATION OR ALTERNATIVELY FOR MODlFICATlON OF ITS APPROVED HEUGII\IG PROGRAM Case No. 2012-001 10

MOTION TO SUPPLEMENT RECORD

On March 8, 201 2, Atmos Energy Corpor'&m ("Afinos") made >3 puLv(er point presentation

concerning its hedging program to the Commrssiorr 5laft The malerial LOI itamen' in that presentation

should he included a5 part of the record in this praceedirig albeit in confidential format, Atmos is

accordingly filing with the Commission the material preseiited tri t i e power poir,t presentation in hard copy

format and under a Petition for Confidentiality. 4tROs reqriests tha rnatwial be made part of the record

Respectfully submitted this dr, day of April, 2012

Douglas Walther ATMOS EhIE4GY CORPORATIC~I\I PO Box 650250 Dallas, T e w . W 6 5

I, Mark A. Martin. being duly sworn under oath slak lhal I am Vics President of Rates and Regiilatory Affairs for Atmos Energy Corporation. lier.!iuckyfi~trtfstates Division, and that the sfaternents contained 10 the foregoing Petition are true as I verily !xti+ve,

Mark A Martin

CERTlFiCAfE OF SERVICE

I hereby cetrify thal on the 17 day of April, 2G12, ihc original uf Itiis Motion, together with ten (IO) copies was faxed, and also ovemighted, to the Kentucky Public Service Cammission, 21 1 Sower Boulevard, P.0, Box 615, Frankfort, Kentucky 402116, and to Larry Cock arid Dennis Hownard, Aftorney General's Office, 1024 Capital Center Drive, Frarikfor t, Kentucky 40211E

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