Current through Register No. 12, March 21, 2024
(a)
Puc
201.07 shall apply to all routine filings subject to
Puc
201.06. All references to written communications in
this rule also refer to e-mail communications.
(b)
Puc
201.07 shall govern the commission's consideration of
requests submitted pursuant to
Puc
104.01 for public release of one or more documents for
which confidential treatment has been requested pursuant to
Puc
201.06.
(c) The commission, within 5 business days of
the receipt, by the executive director, of a request made pursuant to
Puc
201.07, shall send a written acknowledgment to the
person requesting public release that includes:
(1) A statement that confidential treatment
has been requested for the document(s);
(2) A statement of the time reasonably
necessary to determine whether the request for release shall be granted or
denied; and
(3) A statement that
the request for release is subject to the provisions of
Puc
201.07.
(d) The commission shall provide the person
who submitted the document(s) with written notice of the request for release
within 5 business days of the receipt of the request for release.
(e) The notice in (d) above shall:
(1) Describe the request for release;
and
(2) Afford the person who
submitted the document(s) 10 calendar days from the date of the notice to
submit to the executive director a written objection to release of the
document(s) to the public, pursuant to (f) below.
(f) Objections to release shall comply with
Puc
202.06(a)(1) and (2) and contain:
(1) A specific description of the document(s)
or specific portions of documents for which confidentiality is
sought;
(2) Specific facts showing
how release of the requested document(s) would constitute an invasion of
privacy under RSA
91-A:5, including a description of how the
requested material includes confidential, commercial, or financial information,
or other information subject to the exemptions of
RSA
91-A:5;
(3) A specific description of the harm that
would result from release; and
(4)
A representation that the information contained in the document(s) or portions
of documents for which confidentiality is sought is not already available to
the public.
(g) The
commission shall take one of the following actions pursuant to
RSA
91-A:5 and other applicable law:
(1) Approve the public release of the
requested documents in their entirety;
(2) Approve the partial release of the
requested documents, subject to redactions approved by the commission;
or
(3) Deny the request for release
in its entirety.
(h) In
making its determination pursuant to (g) above, the commission shall consider:
(1) The written request for
release;
(2) The original request
for confidential treatment pursuant to
Puc
201.06;
(3) Written objections filed with the
commission;
(4) Additional
information that the commission requests; and
(5) Any applicable law.
(i) In determining the proper action under
(g) above, the commission shall:
(1) Consider
whether there is a privacy interest at stake that would be invaded by the
disclosure of the requested documents;
(2) Consider whether the public has an
interest in disclosure of the requested documents; and
(3) Decide whether any public interest in
disclosure is outweighed by the state's interest in non-disclosure and any
privacy interest in non-disclosure.
(j) The commission shall provide written
notice of its decision.
#9897, INTERIM, eff 3-26-11, EXPIRED: 9-22-11
New. #10101, eff
3-24-12
