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 69-02-09-07 - Viewing protected information

Universal Citation: ND Admin Code ยง 69-02-09-07

Current through Supplement No. 394, October, 2024

1. The commission and its staff, and any outside counsel retained by the commission, may view protected information filed with the commission at any time. However, the commission and its staff are bound by the terms of these rules to keep the information confidential and must execute the protective agreement as required in subsection 3. The originator (applicant for protected status) may also view the information at any time without the necessity of executing the protective agreement required in subsection 3.

2. Others who wish to view protected information, including experts who are not regular full-time employees of the commission, and opposing counsel and experts, may do so only after authorization from the commission. The commission may grant authorization when the person wishing to view the information submits a written request that includes all of the following:

a. The name and address of the person who will view the information;

b. Identification, as specifically as possible, of the information requested;

c. A showing of good cause why the information is needed;

d. Identification of the purpose of the review;

e. Identification of the intended use of the information; and

f. An estimate of the time needed for review.

The requesting person shall file the original written request with the commission and serve it upon the originator at least ten days prior to the time the person desires to view the information unless the originator agrees to a shorter notice period.

3. Any person reviewing protected information filed with the commission shall also execute a protective agreement form provided by the commission. A new protective agreement form must be executed for each work day in which information is viewed.

4. The commission shall disclose the information unless:

a. The commission is prohibited by law from disclosure under any circumstances or;

b. The originator shows good cause why disclosure should not be granted.

When disclosed, protected information may not be removed from commission offices and must be returned for secure filing prior to the end of the workday on which the information was disclosed, and may be used only for purposes of the proceeding or case.

General Authority: NDCC 28-32-02

Law Implemented: NDCC 28-32-06, 47-25.1

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