Utah Administrative Code
Topic - Public Service Commission
Title R746 - Administration
Rule R746-1 - Public Service Commission Administrative Procedures Act Rule
Section R746-1-605 - Receipt of Confidential and Highly Confidential Information into Evidence
Universal Citation: UT Admin Code R 746-1-605
Current through Bulletin 2025-06, March 15, 2025
(1)
(a) A party that considers it necessary to
discuss confidential information in a filing shall, to the extent possible,
refer to the information by title, exhibit number, or other non-confidential
description.
(b) A party that is
not able to comply with Subsection
R746-1-605(1)(a)
shall:
(i) place the confidential information
in a separate section of the filing;
(ii) mark the separate section
"CONFIDENTIAL"; and
(iii) ensure
that the confidential section of the filing is served only on:
(A) counsel of record or other designated
representative of the party (one copy each) who has signed a nondisclosure
agreement;
(B) counsel for the
Division; and
(C) counsel for the
Office.
(2)
(a) A
party that proposes to use another person's confidential or highly confidential
information as evidence in a Commission proceeding shall arrange with the owner
of the information circumstances that will allow the information to be used
while keeping trade secrets and proprietary material confidential.
(b) If efforts taken pursuant to Subsection
R746-1-605(2)
(a) fail, the owner of the information shall move the Commission to segregate
and withhold any portion of the record that would reveal trade secrets or
proprietary information.
(c) If the
Commission grants a motion to segregate and withhold a record, the moving party
shall mark the record, as applicable, substantially as follows:
(i) "CONFIDENTIAL/HIGHLY
CONFIDENTIAL--SUBJECT TO PUBLIC SERVICE COMMISSION OF UTAH RULE
R746-1-605"; or
(ii) "CONFIDENTIAL/HIGHLY
CONFIDENTIAL--SUBJECT TO PROTECTIVE ORDER".
(3) A party that considers it necessary to discuss a segregated confidential record during a Commission proceeding shall move the Commission for an in camera hearing.
(4)
(a)
Other than the Division, the Office, and counsel for a party, a person that
obtains another person's confidential or highly confidential information during
a proceeding shall, within 30 days after the docket is concluded:
(i) return to the owner of the information
all records in the party's possession that reference the confidential
information; or
(ii) certify that
the information has been:
(A) turned over, in
its entirety, to the person's counsel; or
(B) destroyed.
(b) The Division, the Office, and
counsel for a party may retain confidential information as part of notes,
workpapers, and other documents:
(i)
constituting work product; and
(ii) subject to privilege or other applicable
disclosure restriction.
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