State of California v. Valero Energy Corporation et al

Filing 96

ORDER RE THIRD-PARTY OBJECTIONS TO UNSEALING re 91 Notice (Other) filed by Kinder Morgan, Inc.. Signed by Judge Alsup on 9/8/2017. (whalc1, COURT STAFF) (Filed on 9/8/2017)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 8 STATE OF CALIFORNIA, 9 11 For the Northern District of California United States District Court 10 12 13 14 15 Plaintiff, No. C 17-03786 WHA v. VALERO ENERGY CORPORATION, VALERO ENERGY PARTNERS LP, and PLAINS ALL AMERICAN PIPELINE, L.P., ORDER RE THIRD-PARTY OBJECTIONS TO UNSEALING Defendants. / Third-party Kinder Morgan, Inc.’s September 7 notice observes that disclosure of its 16 gathering line capacities could harm its customers who use those lines (Dkt. No. 91 at 2). These 17 customers include Shell, Tesoro, Phillips 66, and NuStar. By SEPTEMBER 11 AT NOON, third- 18 party Kinder Morgan SHALL SERVE the four third-party customers named above with redacted 19 copies of the order regarding preliminary injunction. The copy served on each party shall 20 maintain all redactions of the publicly-filed order with the exception of the specific gathering 21 line capacities associated with their terminal. 22 By Wednesday SEPTEMBER 13 AT NOON Shell, Tesoro, Phillips 66, and NuStar shall 23 file any objections they have to unsealing the redacted portions of the preliminary injunction 24 order related to the gathering line through which they access Concord Station. Any such 25 objection shall specify exactly why disclosure of the redacted information will cause them 26 competitive harm or reveal a trade secret such that there exists compelling reasons to maintain 27 28 1 that information under seal pursuant to Kamakana v. City & Cty. of Honolulu, 447 F.3d 1172 2 (9th Cir. 2006). Generalized objections will not suffice. 3 4 IT IS SO ORDERED. 5 6 Dated: September 8, 2017. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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