291 Neb. Admin. Code, ch. 9, § 006 - CONFIDENTIAL INFORMATION

006.01 Confidential Information Filed with Applications

The party filing documents must indicate any information which is claimed to be confidential and must state the grounds with specificity and cite the legal authority for the claim of confidentiality in a motion for protective order. If the motion for protective order is not filed with the application, any claim of confidentiality of information filed in the application or as prefiled testimony and exhibits shall be deemed waived.

006.01A If an applicant contends any portion of the application, prefiled testimony, or exhibits is confidential, it must file eight copies of the application, prefiled testimony and exhibits without the asserted confidential information, together with the motion for protective order. The applicant must also file under seal and on yellow paper marked "CONFIDENTIAL" six copies of the complete application, prefiled testimony, and exhibits claimed to be confidential and the subject of a motion for protective order. The motion for protective order must be decided within ten calendar days from the date the application is filed. Parties opposing the motion may file a resistance to the motion within five (5) calendar days. If the motion is granted, a protective order shall be issued.

006.02 Other Confidential Filings

Any jurisdictional utility seeking to prevent disclosure of information filed by the Commission must file such information on yellow paper marked "CONFIDENTIAL." Disclosure of confidential information will be governed by Sec. 29 of LB 790 [2003].

Notes

291 Neb. Admin. Code, ch. 9, § 006