Application of 

BEFORE THE 

U.S DEPARTMENT OF TRANSPORTATION - -

OFFICE OF THE SECRETARY 

WASHINGTON, DC -• .J 

1263343 ALBERTA INC 

d/b/a ENERJET 

) 

) 

) 

) 

) Docket DOT-OST-2009-0010 

) 

For exemption authority pursuant to ) 

49 U.S.C § 40109 and a foreign air carrier ) 

permit pursuant to 49 U.S.C § 41302 ) 

_________________________ ) 

MOTION FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 12 

Communications with respect to this document should be sent to: 

Filed on January 8, 2013 

Robyn L. Mandel 

Katten Muchin Rosenman LLP 

2900 K St, N.W., Suite 200 

Washington, D.C. 20007-5201 

Telephone: (202) 625-3524 

Facsimile: (202) 295-7570 

robyn.mandel@kattenlaw.com 

Counsel for 

1263343 Alberta Inc. d/b/a enerjet 
BEFORE THE 

U.S DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, DC 

) 

Application of ) 

) 

1263343 ALBERTA INC ) 

d/b/a ENERJET ) 

) 

For exemption authority pursuant to ) 

49 U.S.C § 40109 and a foreign air carrier ) 

permit pursuant to 49 U.S.C § 41302 ) 

____________________________ ) 

Docket DOT-OST-2009-001 0 

MOTION FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 12 

1263343 Alberta Inc d/b/a enerjet ("enerjet"), a Canadian aircraft operator, hereby 

moves for confidential treatment of Exhibit 4 (Financial Forecast), Exhibit 5 (Ownership 

Structure) and Exhibit 6 (Audited Financials) to its Application for Amended Foreign Air 

Carrier Permit and Exemption Authority in this Docket pursuant to Rule 12 of the 

Department's Rules of Practice (14 C.F.R. § 302.12). The confidential information has 

been filed under seal and with the marking "Confidential Treatment Requested Under 14 

C.F.R. § 302.12", as provided in 14 C.F.R. §302.12. Approval of enerjet's request for 

confidential treatment would be consistent with the Department's Rules and the Freedom 

oflnformation Act (5 U.S.C. § 552(b)(4)). The filing contains sensitive information 

which, if released publicly, could cause substantial competitive harm to enerjet. This 

information would not otherwise be disclosed to the public by enerjet. 

To be withheld from public disclosure under Rule 12, documents must contain 

information that is (1) commercial or financial; (2) obtained from a person outside of 
Enerjet Motion for Confidential Treatment Page 2 of3 

government; and (3) privileged or confidential. The information for which confidentiality 

is requested satisfies requirements one and two, in that it consists of commerciallysensitive and financial information of enerjet that was obtained directly from enerjet. 

With regard to the confidentiality of Exhibit 6 (Audited Financials), it satisfies the 

third requirement as well, as this is the type of information that has been considered 

confidential by the Department in the past. Additionally, release of this financial 

information would cause substantial harm to the competitive position of enerjet and 

would impair the government's ability to collect such information in the future. Should 

this information be made public, it could permit enerjet's competitors to gain insights into 

the company, its operating plans and its funding that could be used by them to undermine 

its service, resulting in great economic harm to enerjet, its investors and competition. 

Similarly, with regard to the confidentiality of Exhibit 5 (Ownership Structure), 

under Canadian law, enerjet is not required to publicly disclose the identity of its private 

investors, and enerjet therefore would not customarily release this information. 

Disclosure of this information could cause substantial competitive harm by allowing 

enerjet's competitors and other third-parties to gain access to the identity of enerjet's 

individual investors. This is sensitive business information and would thereby place 

enerjet at a competitive disadvantage. 

Furthermore, the information in each of the Exhibits for which confidential 

treatment is being sought may properly be withheld from public disclosure under 

Exemption 4 ofthe Freedom oflnformation Act, 5 U.S.C. § 552(b)(4), which permits 

protection from disclosure for "trade secrets and commercial or financial information 
Enerjet Motion for Confidential Treatment Page 3 of3 

obtained from a person and privileged or confidential." See, e.g., Gulf & Western 

Industries, Inc. v. United States, 615 F.2d 527 (D.C. Cir. 1979); Critical Mass Energy 

Project v. NRC, 975 F.2d 871 (D.C. Cir. 1992). The Freedom oflnformation Act, 5 

U.S. C. § 552(b )( 4), provides that privileged or confidential commercial and financial 

information obtained from a private person is specifically exempted from the 

requirements of public disclosure due to its business-sensitive nature. The information for 

which this motion requests confidential treatment is confidential and proprietary 

commercial and financial information of a private party and the public release of this 

information would cause competitive and financial injury to that party. Accordingly, the 

information should be withheld from public disclosure. 

WHEREFORE, enerjet respectfully moves that the attached Exhibits 4, 5 and 6 

submitted under seal with this motion be withheld from public disclosure for a period of 

ten (1 0) years, pursuant to Rule 12 of the Department's Rules of Practice in Proceedings. 

Date: January 8, 2013 

Respectfully submitted, 

Katten Muchin Rosenman LLP 

By: 

Robyn Mandel 

2900 K Street, N.W., Suite 200 

Washington, DC 20007 

Telephone: 202-625-3524 

Fax: 202-298-7570 

Counsel for 

1263343 Alberta Inc d/b/a enerjet