North Dakota Administrative Code
Title 69 - Public Service Commission
Article 69-02 - Practice and Procedure
Chapter 69-02-09 - Procedures for Protecting Information from Disclosure
Section 69-02-09-01 - Application to protect information

Universal Citation: ND Admin Code ยง 69-02-09-01

Current through Supplement No. 394, October, 2024

Except as provided in section 69-02-09-13, a person requesting protection of information in an administrative proceeding or in a response to a commission request for information shall file an application with the commission. The application must include at least the following:

1. A general description of the nature of the information sought to be protected.

2. The specific law or rule on which protection is based.

3. If the basis for protection is that the information is trade secret:

a. An explanation of why the information derives independent economic value, actual or potential, from not being generally known to other persons;

b. An explanation of why the information is not readily ascertainable by proper means by other persons;

c. A general description of the persons or entities that would obtain economic value from disclosure or use of the information;

d. A specific description of known competitors and competitors' goods and services that are pertinent to the tariff or rate filing; and

e. A description of the efforts used to maintain the secrecy of the information.

4. If the basis for protection is a reason other than that the information is trade secret, the specific basis or bases upon which the information qualifies for protection.

5. A redacted public version of the information, unless this requirement is waived by the commission. The amount redacted must be as minimal as possible. If it is not possible to file a redacted public version, a specific written request for waiver of the requirement and the reasons for requesting a waiver must be filed.

General Authority: NDCC 28-32-02

Law Implemented: NDCC 28-32-06, 44-04-18.4, 47-25.1

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