Current through Register Vol. 43, No. 39, September 26, 2024
(a) Any document,
data, customer-specific contract, proprietary information, trade secret, or
other commercial information filed with or furnished to the Kansas corporation
commission (commission) as confidential shall, in addition to the requirements
set forth in the Kansas statutes annotated and the Kansas administrative
regulations, comply with the following requirements:
(1) The term "document" or "documents," as
used in this regulation, means any original, copy, or draft of any handwritten,
typewritten, printed, graphic, or electronically recorded material, and shall
include the following:
(A) Correspondence;
(B) notes;
(C) memoranda;
(D) studies;
(E) reports;
(F) records;
(G) charts;
(H) invoices;
(I) bills;
(J) diaries;
(K) calendars;
(L) books;
(M) statements;
(N) appointment books;
(O) tape recordings;
(P) videos;
(Q) faxes;
(R) computer printouts and software;
(S) electronically recorded media;
and
(T) any other writing or
tangible record of any kind, type, or nature, and however produced.
(2) The party seeking to classify
documents as confidential shall file with or furnish to the executive director
of the commission each document clearly marked "CONFIDENTIAL," accompanied by a
cover letter requesting confidential status.
(3) Confidential information contained on a
floppy disk or other electronic device shall be filed or furnished separately
from other devices containing nonconfidential information. The electronic
device containing the confidential material shall be clearly marked
"CONFIDENTIAL."
(4) The
information contained on floppy disks or other electronic devices shall also
contain the "CONFIDENTIAL" designation on each page or other subdivision of
information when printed.
(5) A
written explanation of the confidential nature of each document shall accompany
each page for which confidential status is sought. One written explanation may
apply to more than one page of confidential information, if the identity and
confidential nature of each individual page is clearly stated in the
explanation. The explanation shall be specific to the document in question and
shall state whether the information constitutes a trade secret or confidential
commercial information. The explanation shall further specify the harm or
potential harm that disclosure would cause to the entity seeking nondisclosure.
(b) Requests for
information classified as confidential shall be made by filing a written
request with the executive director of the commission and using a form provided
by the commission for this purpose, or by motion from a party to the docket in
which the information is sought.
(1) If a
request for information classified as confidential is not filed as a motion in
an active KCC docket, the entity seeking to maintain the confidential status of
the information shall be notified by the commission of the request. The entity
seeking to maintain the confidential status shall have five working days after
service, plus three days if service is by mail, to respond to this request. Any
response filed with the commission in opposition to a request shall
substantiate the basis for nondisclosure and shall be served upon the
commission and the entity requesting disclosure. The entity requesting
disclosure may reply to the response within five working days after service,
plus three days if service is by mail, by serving a reply upon the entity
seeking to maintain nondisclosure and upon the commission.
(2) A request made by a party to a docket for
disclosure of confidential documents or information contained within the docket
shall be made by motion. No party shall request disclosure from the commission
of information classified as confidential until the party has requested the
information in writing from the party seeking to maintain its confidential
nature and this request has been denied. The motion shall proceed in accordance
with the Kansas corporation commission's rules of practice and procedure,
K.A.R. 82-1-201 et seq.
(3) A determination of the confidential
nature of the information and whether or not to require the disclosure of the
confidential information requested under paragraphs (b)(1) and (b)(2) above
shall be issued by the commission in accordance with
K.S.A.
66-1220a and amendments thereto.
(c) Each person making a request
pursuant to
K.S.A.
45-215
et seq., and
amendments thereto, for nonconfidential information shall submit the request in
writing and shall include the requester's name, address, telephone number, and
the name of the business or entity represented.
(d) Confidential documents submitted to the
corporation commission before the adoption of this regulation, including
information required by statute, regulation, or order of the commission, shall
be handled in accordance with statutes, regulations, and orders applicable at
the time the document was submitted. Requests for access to any of this
information shall be handled in accordance with the provisions of this
regulation.
(e) Documents filed
pursuant to K.A.R. 82-3-107 shall be exempt from the requirements of this
regulation.
