New Jersey Administrative Code
Title 14 - PUBLIC UTILITIES
Chapter 1 - RULES OF PRACTICE
Subchapter 12 - PROCEDURES FOR DETERMINING THE CONFIDENTIALITY OF SUBMITTED INFORMATION
Section 14:1-12.2 - Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Claimant" means any person who submits a confidentiality claim under this subchapter.

"Confidential copy" means a record (or copy thereof) submitted to or obtained by the Board or the custodian, containing information which the claimant asserts is confidential information.

"Confidential information" means information which the custodian and/or the Board determines, in accordance with the procedures of this subchapter, to have satisfied the substantive criteria in this subchapter and/or in applicable law described at 14:1-12.1(d). Information may be claimed confidential by the person who submitted it, or the Board may on its own initiative determine information to be confidential.

"Confidentiality claim" or "claim" means, with respect to information that a person is required either to submit to the Board or to allow the Board to obtain, an assertion in accordance with this subchapter that the information is entitled to be exempt from public disclosure under applicable law.

"Confidentiality determination" means a determination by the custodian that the asserted confidential information is or is not confidential information.

"Contract" means an agreement between the Board and a contractor, for which the Board has determined it is necessary for the contractor to have access to confidential information to enable the contractor to perform the duties required by such agreement.

"Contractor" means a person other than an employee of the Board, who has entered into a contract, as defined herein, with the Board to perform services or to provide goods for the Board.

"Custodian" means the officer officially designated by the Board to oversee the public's access to government records pursuant to 47:1A-1 et seq.

"Designee" means the person designated by a claimant in accordance with 14:1-12.4 to receive notices and other communications relating to confidentiality claims from the custodian under these rules.

"Energy information" means any statistic, datum, fact, or item of knowledge and all combinations thereof relating to energy, which is submitted to the Board pursuant to 52:27F-18.

"Energy trade secret" means a trade secret, as defined in this section, that pertains to the energy industry and is submitted to the Board pursuant to 52:27F-18.

"Final public copy" means a copy of a record submitted to or obtained by the Board, identical to the confidential copy except that any confidential information has been blacked out; however, if the record is not in a form in which the confidential information can be concealed by blacking out, the "final public copy" shall be a copy of such record from which such confidential information has been deleted, containing notations stating where deletions have been made.

"Preliminary public copy" means a copy of a record held by the Board, identical to the confidential copy except that any asserted confidential information has been blacked out; however, if the record is not in a form in which the confidential information can be concealed by blacking out, the "preliminary public copy" shall be a copy of such record from which such confidential information has been deleted, containing notations stating where deletions have been made.

"Requester" means a person who has made a request to the Board to inspect or copy records which the Board possesses or controls.

"Substantiation" means information which a claimant submits to the custodian in support of a confidentiality claim made pursuant to 14:1-12.8.

"Trade secret" means the whole or any portion or phase of any scientific, technical or otherwise proprietary information, design, process, procedure, formula or improvement which is used in one's business and is secret and of value; and which provides him or her the opportunity to obtain an advantage over competitors who do not know or use it. A trade secret shall be presumed to be secret when the owner takes measures to prevent it from becoming available to persons other than those selected by the owner to have access thereto for limited purposes.