Utah Admin. Code R746-1-605 - Receipt of Confidential and Highly Confidential Information into Evidence

(1)

(a) A party that considers it necessary to discuss confidential information in a filing shall, to the extent possible, refer to the information by title, exhibit number, or other non-confidential description.

(b) A party that is not able to comply with Subsection R746-1-605(1)(a) shall:

(i) place the confidential information in a separate section of the filing;

(ii) mark the separate section "CONFIDENTIAL"; and

(iii) ensure that the confidential section of the filing is served only on:

(A) counsel of record or other designated representative of the party (one copy each) who has signed a nondisclosure agreement;

(B) counsel for the Division; and

(C) counsel for the Office.

(2)

(a) A party that proposes to use another person's confidential or highly confidential information as evidence in a Commission proceeding shall arrange with the owner of the information circumstances that will allow the information to be used while keeping trade secrets and proprietary material confidential.

(b) If efforts taken pursuant to Subsection R746-1-605(2) (a) fail, the owner of the information shall move the Commission to segregate and withhold any portion of the record that would reveal trade secrets or proprietary information.

(c) If the Commission grants a motion to segregate and withhold a record, the moving party shall mark the record, as applicable, substantially as follows:

(i) "CONFIDENTIAL/HIGHLY CONFIDENTIAL--SUBJECT TO PUBLIC SERVICE COMMISSION OF UTAH RULE R746-1-605"; or

(ii) "CONFIDENTIAL/HIGHLY CONFIDENTIAL--SUBJECT TO PROTECTIVE ORDER".

(3) A party that considers it necessary to discuss a segregated confidential record during a Commission proceeding shall move the Commission for an in camera hearing.

(4)

(a) Other than the Division, the Office, and counsel for a party, a person that obtains another person's confidential or highly confidential information during a proceeding shall, within 30 days after the docket is concluded:

(i) return to the owner of the information all records in the party's possession that reference the confidential information; or

(ii) certify that the information has been:

(A) turned over, in its entirety, to the person's counsel; or

(B) destroyed.

(b) The Division, the Office, and counsel for a party may retain confidential information as part of notes, workpapers, and other documents:

(i) constituting work product; and

(ii) subject to privilege or other applicable disclosure restriction.

Notes

Utah Admin. Code R746-1-605

Adopted by Utah State Bulletin Number 2017-7, effective 3/6/2017