Illinois Administrative Code
Title 83 - PUBLIC UTILITIES
Part 335 - CONFIDENTIAL CONTRACTS
Subpart B - ACCESS TO CONTRACTS
Appendix A - Agreement for Full-time Employees of Authorized Agencies

AGREEMENTS UNDER SECTION 9-102.1 OF THE PUBLIC UTILITIES ACT

ACCESS FOR FULL-TIME EMPLOYEES OF THE ATTORNEY GENERAL OF

THE STATE OF ILLINOIS, THE CITIZENS UTILITY BOARD AND

THE OFFICE OF PUBLIC COUNSEL

Section 1 (must be completed)

1. The undersigned are full-time employee(s) of the [Citizens Utility Board] [Office of the Attorney General] [Office of Public Counsel] (the authorized agency) and enter into this confidentiality agreement in connection with access to a certain contract identified as ___________ (contract) which (utility), an Illinois public utility, has filed with the Illinois Commerce Commission on a confidential basis pursuant to Section 9-102.1 of the Public Utilities Act. The effective date of this agreement is _____________. The undersigned agrees not to copy, duplicate, or reproduce in any manner the contract and not to use the information contained in the contract for purposes other than reviewing it for compliance with the Public Utilities Act [220 ILCS 5 ]. The undersigned also agrees to keep the contract and all information contained therein, and any information redacted in accordance with 83 Ill. Adm. Code 335.110(b) or (c) confidential, and not to divulge the terms of the contract or any confidential information coming to my knowledge from the contract to any person other than a person authorized to receive access to such confidential contract pursuant to Section 9-102.1 of the Public Utilities Act who has executed a confidentiality agreement pursuant to 83 Ill. Adm. Code 335 (Part 335) with respect to the contract. The undersigned agrees that he/she/they have reviewed and understand and will comply fully with the provisions of Part 335.

2. If the authorized agency receives a copy of the contract for review in accordance with 83 Ill. Adm. Code 335.110(b), the undersigned agrees that, at the earlier of the end of the retention period (as defined in 83 Ill. Adm. Code 335.120(c) ) or such extended or additional period as is permitted under 83 Ill. Adm. Code 335.120(c) or (d); or the date that the undersigned's right of access to the contract terminates in accordance with Paragraph 3 below, the authorized agency shall return the contract to the utility.

3. The confidentiality requirements stated in this agreement shall remain permanently in effect unless, until, and to the extent that the information contained in the contract becomes part of the public domain otherwise than through the breach of a confidentiality agreement by a party authorized to have access to the contract pursuant to Part 335. Access to the contract shall be permitted by this agreement until the earliest of (i) one year from the effective date; (ii) the date on which the full-time employment of the undersigned with the authorized agency is terminated; or (iii) (with respect to access to a copy for review at the office of the authorized agency pursuant to 83 Ill. Adm. Code 335.110(b) only) the date on which access terminates in accordance with 83 Ill. Adm. Code 335.140.

Full Time Employees:

Signature: Name & Title: Date

_________________________________________________

_________________________________________________

_________________________________________________

Section 2 (must be completed)

I, __________________, the [Executive Director of the Citizens Utility Board] [Attorney General or his/her designee] [Public Counsel or his/her designee], hereby certify that the person(s) named above is (are) a full-time employee(s) of the authorized agency. The authorized agency agrees not to copy or duplicate the contract and not to use the information contained in the contract for purposes other than for reviewing it for compliance with the Public Utilities Act [220 ILCS 5 ]. The authorized agency also agrees to keep this agreement, the contract and all information contained therein, and any information redacted in accordance with 83 Ill. Adm. Code 335.110(b) or (c), confidential, and not to divulge the terms of the contract or any confidential information which is the subject of this agreement to any person other than a person authorized to receive access to such confidential contracts pursuant to Section 9-102.1 of the Public Utilities Act who has executed a confidentiality agreement pursuant to Part 335 with respect to the contract.

Dated:

Signature

Title

Section 3 (must be completed)

I, ______________________ an officer of___________________________, an Illinois public utility, agree that the foregoing terms are consistent with the provisions of 83 Ill. Adm. Code 335, and thus forward this agreement to the Chief Clerk of the Illinois Commerce Commission in accordance with 83 Ill. Adm. Code 335.110(d).

Dated:

Signature

Title