New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 28 - RADIATION PROTECTION PROGRAMS
Subchapter 4 - LICENSING OF NATURALLY OCCURRING OR ACCELERATOR PRODUCED RADIOACTIVE MATERIALS
Section 7:28-4.22 - Substantive criteria for use in confidentiality determinations

1. The applicant has asserted a confidentiality claim which has not expired by its terms, been waived or withdrawn;

2. The applicant has shown that reasonable measures have been taken to protect the confidentiality of the information and that the applicant intends to continue to take such measures;

3. The information is not, and has not been, available or otherwise disclosed to other persons without the applicant's consent (other than by subpoena or by discovery based on a showing of special need in a judicial or quasi-judicial proceeding, as long as the information has not become available to persons not involved in the proceeding);

4. No statute specifically requires disclosure of the information; and

5. The applicant has shown that disclosure of the information would be likely to cause substantial damage to its competitive position.