KEY TAKEAWAYS: Entergy Louisiana agreed to expand consumer advocates’ access to highly sensitive evidence in its Meta-related power case. Seven Alliance for Affordable Energy and Union of Concerned Scientists representatives would gain limited access to “Attorneys’ Eyes Only” materials . The agreement does not provide access to underlying Meta documents previously sought through a subpoena. Entergy is seeking approval for seven natural gas generators, three battery-storage projects and transmission upgrades tied to Meta’s Richland Parish data center.   Entergy Louisiana has agreed to loosen confidentiality restrictions that prevented some consumer advocates from reviewing highly sensitive evidence in the utility’s multibillion-dollar power expansion case tied to Meta’s Richland Parish data center. The agreement gives seven representatives of the Alliance for Affordable Energy and Union of Concerned Scientists limited access to information designated “Attorneys’ Eyes Only,” allowing them to review their own experts’ full testimony, discuss sensitive material with their attorneys and inspect other protected documents at Entergy’s New Orleans offices. But the compromise does not give the groups access to the underlying Meta records they unsuccessfully sought through a subpoena last month, including documents supporting the company’s projections for jobs, investment and electricity demand. The latest agreement concerns confidential material already in the Louisiana Public Service Commission’s pending Entergy case. The Meta records sought last month were never produced into the record. “This does not allow us to review Meta’s documents related to our previous subpoena motion from last month,” the Alliance said in a statement. “That information is not in the record and Entergy says they do not have it.” The agreement follows a months-long fight over who could see information deemed so sensitive that access was generally restricted to attorneys and certain experts. The Alliance and UCS sought permission in July for additional representatives of the organizations to review the material. Entergy opposed the request, arguing those representatives were not entitled to access. Chief Administrative Law Judge Melanie Verzwyvelt sided with the groups on Aug. 6, prompting Entergy to seek immediate review by the full commission. Rather than continue the fight, Entergy and the consumer groups reached a settlement and jointly asked the commission Sept. 4 to vacate Verzwyvelt’s ruling. The agreement would resolve both the groups’ access request and Entergy’s appeal. Under the stipulation, Alliance Executive Director Logan Burke and two other Alliance representatives, along with four UCS representatives, would receive expanded access. They could participate in discussions and hearings involving Attorneys’ Eyes Only information and review testimony, pleadings and discovery prepared on behalf of their organizations. Other protected documents could be inspected only at Entergy’s offices at 639 Loyola Avenue in New Orleans, with at least 72 hours’ notice. The representatives could not photograph, copy, record or take notes containing protected information. “As a result of this agreement the Alliance and UCS will finally be able to read our own expert witnesses’ full testimony and we will be able to discuss our own case with our attorneys,” the Alliance said. Entergy characterized the agreement more narrowly, saying the groups themselves have participated in the case with access to protected information through attorneys and witnesses and that the settlement merely broadens who within the organizations can see it. “These groups have had access to the highly sensitive information throughout the pendency of this docket, consistent with all other Entergy Louisiana dockets,” Entergy said in a statement. “Entergy’s decision merely expands the number of individuals associated with these groups which may access these materials and reflects our continued commitment to openness throughout the Meta dockets.” The utility said future requests would be evaluated individually while balancing transparency against protecting commercially sensitive information. The dispute is unfolding in LPSC Docket U-37882, Entergy’s latest request for approval of new generation and transmission resources for Meta’s data center in Richland Parish. Entergy is seeking approval for seven company-owned natural gas generators, three battery-storage projects and major transmission additions as Meta’s electricity requirements in northeast Louisiana expand. The commission has ordered the case developed for consideration at its Dec. 16 meeting. ...read more read less