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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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STATE OF CALIFORNIA,

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For the Northern District of California

United States District Court

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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

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gathering line capacities could harm its customers who use those lines (Dkt. No. 91 at 2). These

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customers include Shell, Tesoro, Phillips 66, and NuStar. By SEPTEMBER 11 AT NOON, third-

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party Kinder Morgan SHALL SERVE the four third-party customers named above with redacted

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copies of the order regarding preliminary injunction. The copy served on each party shall

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maintain all redactions of the publicly-filed order with the exception of the specific gathering

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line capacities associated with their terminal.

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By Wednesday SEPTEMBER 13 AT NOON Shell, Tesoro, Phillips 66, and NuStar shall

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file any objections they have to unsealing the redacted portions of the preliminary injunction

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order related to the gathering line through which they access Concord Station. Any such

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objection shall specify exactly why disclosure of the redacted information will cause them

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competitive harm or reveal a trade secret such that there exists compelling reasons to maintain

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that information under seal pursuant to Kamakana v. City & Cty. of Honolulu, 447 F.3d 1172

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(9th Cir. 2006). Generalized objections will not suffice.

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IT IS SO ORDERED.

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Dated:

September 8, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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