4 CCR 723-3-3614 - Confidential Information Regarding Electric Generation Facilities and Energy Storage Systems

(a) In any proceeding related to a resource plan filed under rule 3603, an amendment to an approved plan filed under rule 3619, or pursuant to a request for information made under paragraph 3615(b), the provisions regarding confidential information set forth in rules 1100 through 1103 of the Commission's Rules of Practice and Procedure shall apply, in addition to this rule 3614.

(b) The utility shall provide information claimed to be highly confidential under subparagraph 1101(b) to a reasonable number of attorneys representing a party in the resource plan proceeding, provided that those attorneys file appropriate non-disclosure agreements containing the terms listed in subparagraph 3614(b)(I). The utility shall also provide information claimed to be highly confidential under subparagraph 1101(b) to a reasonable number of subject matter experts representing a party in the resource plan proceeding, provided that the attorney representing the party files the appropriate non-disclosure agreements for the subject matter experts containing the terms in subparagraph 3614(b)(II) and the subject matter experts' curriculum vitae.

(I) Attorney highly confidential nondisclosure agreement terms.

I [attorney name] state that I have read the protective provisions relating to confidential information contained in 4 Code of Colorado Regulations 723-1-1100 through 1103. With respect to all information claimed to be confidential and all information claimed to be highly confidential that is produced in, or arises in, the course of this proceeding in Proceeding No. [], I agree to be bound by the terms of the protective provisions contained in 4 Code of Colorado Regulations 723-1-1100. I hereby state that I will oversee the processes that any subject matter expert to whom I have authorized access to highly confidential information uses in order to assure that extraordinary confidentiality provisions are properly implemented and maintained. I hereby state that I will assure that extraordinary confidentiality provisions are properly implemented and maintained within my firm. I agree that all highly confidential information shall not be used or disclosed for purposes of business or competition, or for any other purpose other than for purposes of the proceeding in which the information is produced. I hereby state that I will not disclose or disseminate any highly confidential information in this Proceeding No. [] to any third party other than those specifically authorized to review such highly confidential information, including any third party who is or may become a bidder responding to future electric resource planning solicitations or otherwise relating to the acquisition of, contracting for, or retirement of electric generation facilities in Colorado.

(II) Subject Matter Expert highly confidential nondisclosure agreement terms.

I [subject matter expert's name] state that I have read the protective provisions relating to confidential information contained in 4 Code of Colorado Regulations 723-1-1100 through 1103. With respect to all information claimed to be confidential and all information claimed to be highly confidential that is produced in, or arises in the course of this proceeding in Proceeding No. [], I agree to be bound by the terms of the protective provisions contained in 4 Code of Colorado Regulations 723-1-1100. I hereby state that I will work with my attorney, [attorney name], to assure that extraordinary confidentiality provisions are properly implemented and maintained. I hereby state that I did not and will not develop or assist in the development of any power supply proposals associated with this proceeding. I agree that all highly confidential information shall not be used or disclosed for purposes of business or competition, or for any other purpose other than for purposes of the proceeding in which the information is produced. I hereby state that I will not disclose or disseminate any highly confidential information in this Proceeding No. [] to any third party other than those specifically authorized to review such highly confidential information, including any third party who is or may become a bidder responding to future electric resource planning solicitations or otherwise relating to the acquisition of, contracting for, or retirement of electric generation facilities in Colorado.

(c) Paragraph 3614(b) is only applicable to proceedings related to a resource plan filed pursuant to rule 3603, an amendment to an approved plan filed under rule 3619, or to a request for information made under paragraph 3615(b).

(d) In the case where the utility claims that information provided pursuant to paragraphs 3604(m), 3607(a) or 3608(c) related to energy storage systems is confidential, the utility shall indicate whether or not such confidential information should be provided to developers and bidders responding to RFPs. The utility shall provide a proposed non-disclosure agreement to provide developers and bidders responding to RFPs confidential information deemed appropriate by the Commission.

(e) In addition to any other remedy available to the Commission, if the Commission finds that a developer or bidder has failed to comply with any applicable rules, laws, or any conditions approved by the Commission pursuant to paragraph 3614(d), the Commission may deem that developer or bidder ineligible to bid or develop storage systems in the subsequent ERP.

(f) In order to expedite access to confidential information at the beginning of the resource planning proceeding, an entity may file for intervention at any time during the 30-day notice period established in paragraph 1401(a) of the Commission's Rules of Practice and Procedure. If the entity requests an expedited decision on its motion, it shall include in the title of its motion for intervention "REQUEST FOR EXPEDITED TREATMENT AND FOR SHORTENED RESPONSE TIME TO FIVE BUSINESS DAYS, PURSUANT TO RULE 3614(f)." The movant shall concurrently provide an electronic copy of the motion to the utility. Response time to any such motion is automatically shortened to five business days.

Notes

4 CCR 723-3-3614

38 CR 17, September 10, 2015, effective 9/30/2015 39 CR 06, March 25, 2016, effective 4/14/2016 39 CR 08, April 25, 2016, effective 5/15/2016 40 CR 22, November 25, 2017, effective 12/15/2017 42 CR 03, February 10, 2019, effective 3/2/2019 42 CR 07, April 10, 2019, effective 4/30/2019 42 CR 09, May 10, 2019, effective 5/30/2019 43 CR 08, April 25, 2020, effective 5/15/2020 43 CR 12, June 25, 2020, effective 7/15/2020 43 CR 20, October 25, 2020, effective 11/14/2020 44 CR 13, July 10, 2021, effective 7/30/2021 44 CR 24, December 25, 2021, effective 1/14/2022 45 CR 18, September 25, 2022, effective 10/15/2022 46 CR 02, January 25, 2023, effective 2/14/2023