65-407 C.M.R. ch. 210, § 7 - Confidential Information

A. Any other provision of this Chapter notwithstanding, any separate report containing information on unregulated activities which is filed as a separate report pursuant to the provision clause in Section 3(A) shall be considered and treated by the Commission and by all other persons to whom access thereto may be accorded pursuant to the terms of this section as confidential ("Confidential Information").

B. The Commission shall physically segregate all such Confidential Information in its possession and shall keep the same in separate located facilities.

C. Access to Confidential Information shall be limited to the Commission's members, employees and agents (including, without limitation, its consultants, experts and counsel). No other person shall be granted access except by order of the Commission or by a Hearing Examiner in a proceeding before the Commission.

D. Only such copies of Confidential Information as are necessary to the efficient functioning of the Commission shall be made and all such copies shall themselves be deemed and treated as Confidential Information.

E. In the event that the Commission receives a request from any person other than those specified in Paragraph C under the Freedom of Access Law ( 1 M.R.S.A. §§401 et seq.) or otherwise to inspect or copy such Confidential Information, it shall promptly notify the affected telephone utility of the request. It shall also provide prompt notification to the affected utility of any judicial action filed against the Commission for disclosure.

F. In deciding whether to issue an order permitting access to Confidential Information, the Commission or Hearing Examiner shall take into account the utility's need for confidentiality and the person's need for the information. If access is granted, appropriate provisions shall be made for the protection of confidential information from unwarranted public disclosure.

G. A notice in the following form shall be posted at the locked facilities in which confidential information is located:

NOTICE

The information in this file is designated confidential by Chapter 210 of the Rules of the Maine Public Utilities Commission. Disclosure of any such Confidential Information to any person other than Commission members, employees, or agents is prohibited, unless permitted by order of the Commission or a Hearing Examiner.

Notes

65-407 C.M.R. ch. 210, § 7