West Virginia Code of State Rules
Agency 150 - Public Service Commission
Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION
Series 150-38 - Rules for the Government of Pole Attachments
Section 150-38-25 - Confidentiality of information produced or exchanged
Current through Register Vol. XLI, No. 13, March 29, 2024
25.1. Any information produced in the course of a formal complaint proceeding may be designated as confidential by either party to the proceeding or a third party if the party believes in good faith that the materials fall within an exemption to disclosure contained in the West Virginia Freedom of Information Act (FOIA), W.Va. Code § 29B-1-1 et seq. Any party asserting confidentiality for such materials must:
25.2. An attorney of record for a party or a party that receives unredacted materials marked as confidential may disclose such materials solely to the following persons, only for use in prosecuting or defending a party to the complaint action, and only to the extent necessary to assist in the prosecution or defense of the case:
25.3. The individuals identified in Rule 25.2 shall not disclose information designated as confidential to any person who is not authorized under this section to receive such information, and shall not use the information in any activity or function other than the prosecution or defense in the case before the Commission. Each such individual who is provided access to the information shall sign a declaration or affidavit stating that the individual has personally reviewed the Commission's rules and understands the limitations they impose on the signing party.
25.4. Parties may make copies of materials marked confidential solely for use by the Commission or persons designated in Rule 23.2. Each party shall maintain a log recording the number of copies made of all confidential material and the persons to whom the copies have been provided.
25.5. The Commission may issue a protective order with further restrictions as appropriate.
25.6. Upon termination of a formal complaint proceeding, including all appeals and petitions, the parties, not including Commission Staff, shall ensure that all originals and reproductions of any confidential materials, along with the log recording persons who received copies of such materials, shall be provided to the producing party. In addition, upon final termination of the proceeding, any notes or other work product derived in whole or in part from the confidential materials of an opposing or third party shall be destroyed. Commission Staff shall return confidential materials to the Executive Secretary or acknowledge to the Executive Secretary that the materials have been shredded. The Executive Secretary shall maintain copies of the materials marked as confidential in closed envelopes or folders until otherwise directed by the Commission.