Gannett River States Publishing Co., Inc. v. Entergy Miss., Inc.
| Docket Number: | 2005-CA-00052-SCT Linked Case(s): 2005-CA-00052-SCT |
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| Oral Argument: | 03-07-2006 | |
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| Supreme Court: | Opinion Link Opinion Date: 08-17-2006 Opinion Author: RANDOLPH, J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Confidential agreement - Section 79-23-1 - Definition of rate Judge(s) Concurring: SMITH, C.J., WALLER AND COBB, P.JJ., AND DICKINSON, J. Non Participating Judge(s): DIAZ, J. Dissenting Author : Graves, J. Dissent Joined By : Carlson, J. Dissenting Author : Easley, J., Dissents Without Separate Written Opinion Procedural History: Bench Trial Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 12-15-2004 Appealed from: Hinds County Chancery Court Judge: Stuart Robinson Disposition: Denied Appellant's Motion to Dissovle the Preliminary Injunction & enjoined the party from releasing any information Case Number: G2004-1164 R/1 |
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| Note: | Gannett River States Publishing Company, Inc., d/b/a The Clarion Ledger (“Gannett”) filed a request with the Mississippi Public Service Commission (“MPSC”) to disclose the amount Entergy Mississippi, Inc. (“Entergy”) was charging Nissan for electrical service at its automobile manufacturing plant in Madison County, Mississippi. | |
| Party Name: | Attorney Name: | |||
| Appellant: | GANNETT RIVER STATES PUBLISHING COMPANY, INC. d/b/a THE CLARION-LEDGER |
ROBERT B. McDUFF |
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| Appellee: | ENTERGY MISSISSIPPI, INC. | JAMES KEITHLY CHILD, JR., HENDERSON S. HALL, JR., CHARLES EDWIN ROSS |
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| Topic: | Confidential agreement - Section 79-23-1 - Definition of rate |
| Summary of the Facts: | Gannett River States Publishing Company, Inc., d/b/a The Clarion Ledger filed a request with the Mississippi Public Service Commission to disclose the amount Entergy Mississippi, Inc. was charging Nissan for electrical service at its automobile manufacturing plant. Entergy filed suit in the Chancery Court of the First Judicial District of Hinds County against the MPSC and Gannett to prevent disclosure of the terms of the agreement. The chancellor found that the agreement contained confidential information protected under the Mississippi Public Records Act and granted Entergy’s motion for declaratory and injunctive relief. Gannett appeals. |
| Summary of Opinion Analysis: | While section 79-23-1(1) permits the disclosure of “commercial and financial information of a proprietary nature” as it relates to the “establishment of, or changes in rates, regulated by” the MPSC, subsection (2) provides that nothing in the section shall be construed to deny a public utility the right to protect “trade secrets or confidential commercial or financial information ... .” The Entergy-Nissan Agreement was agreed upon, and expressly identified as, a confidential document pursuant to MPSC rules. Entergy produced evidence that disclosing the information contained in the Agreement would hurt its ability to offer competitive prices to other large users, to negotiate with existing and new customers, to keep the rates of smaller users lower. In addition, the amount Entergy charges Nissan for electrical services does not meet the statutory definition of a “rate” and it is therefore inappropriate to treat the charge as a “rate” within the context of section 79-23-1. |
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