FOIA CONFIDENTIAL TREATMENT REQUEST

Pursuant to 17 C.F.R. § 145.9

August 9, 2022

VIA CFTC PORTAL

Assistant Secretary of the Commission for FOI, 

Privacy and Sunshine Acts Compliance 

Commodity Futures Trading Commission 

Three Lafayette Centre 

1155 21st Street, N.W. 

Washington, D.C. 20581 

Re: Petition for Confidential Treatment

Dear Sir or Madam:

Nodal Clear, LLC (“Nodal Clear”) has on this date provided the material described in Appendix A to this letter (the 

“Confidential Submission”) to the Division of Clearing and Risk.

In accordance with the provisions of Commission Regulations 145.5 and 145.9, we hereby request confidential 

treatment of the Confidential Submission. Confidential treatment is requested, inter alia, on the grounds that the 

Confidential Submission contains data and information that would separately disclose business transactions and 

trade secrets that may not be disclosed to third parties, as provided in Section 8(a) of the Commodity Exchange Act 

and Commission Regulation 145.5(c)(1). Confidential treatment additionally is requested on the grounds that the 

Confidential Submission is exempt from disclosure under paragraph (b)(4) of the Freedom of Information Act 

(“FOIA”) and Commission Regulations 145.5(d) and 145.9(d)(1)(ii) because it contains commercial and financial 

information that is confidential and would be of material assistance to competitors of Nodal Clear.

In accordance with the provisions of paragraph (d)(5) of Regulation 145.9, we request that the Confidential 

Submission be afforded confidential treatment in perpetuity. 

We understand that if the Commission receives a FOIA request for the Confidential Submission, we will be notified 

of such request in accordance with the Commission’s regulations and be asked to submit, within ten business days, 

a detailed written justification for confidential treatment of the Confidential Submission. See Commission Regulation 

§ 149.5(e)(1); see also Executive Order 12600, 52 Fed. Reg. 23781 (June 23, 1987) (detailing pre-disclosure

notification procedures under FOIA). In such event, we request that Commission staff telephone or email the 

undersigned rather than rely upon United States mail for such notice.

If the Commission or its staff transmits any portion of the Confidential Submission to another federal agency, we 

request that you forward a copy of this letter to any such agency with the Confidential Submission and further 

request that you advise any such agency that Nodal Clear has requested that this material be accorded confidential 

treatment.

The requests set forth in the preceding paragraphs also apply to any memoranda, notes, transcripts or other writings 

of any sort whatsoever that are made by, or at the request of, any employee of the Commission (or any other federal 

agency) and which (1) incorporate, include or relate to any aspect of the Confidential Submission; or (2) refer to any 
conference, meeting, or telephone conversation between Nodal Clear, its current or former employees, 

representatives, agents, auditors or counsel on the one hand and employees of the Commission (or any other 

government agency) on the other, relating to the Confidential Submission. 

Any questions regarding this request for Confidential Treatment, as well as any notices pursuant to Commission 

Regulation § 145.9(e), should be directed to the attention of the undersigned at the addresses and telephone 

number provided herein. 

* * * *

Should you have any questions, or receive any requests for copies of the enclosed, please contact the undersigned 

at 703-962-9864 or alvarez@nodalexchange.com.

Sincerely,

/s/Cody Alvarez

Chief Compliance Officer & Corporate Counsel

Encl. (Appendix A)

cc: Brian Baum (DCR)
APPENDIX A 

to August 9, 2022 Confidential Treatment Request from Nodal Clear, LLC

The Confidential Submission referenced in the letter to which this Appendix A is attached consists of the following, 

and includes this Appendix A:

• Portal submission dated August 9, 2022 of Nodal Clear Risk Policies