Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 335 - CONFIDENTIAL CONTRACTS › Subpart B - ACCESS TO CONTRACTS › Section 335.110 - Form of Access

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as
				provided in subsections (b) and (c) of this Section, access to contracts filed
				pursuant to Section 9-102.1(a) of the Act shall be limited to inspection of the
				contracts in the offices of the Commission in Chicago or Springfield, provided that
				the employee or agent of the authorized agency has on file with the Commission a
				confidentiality agreement as provided in subsections (d) and (e) of this Section.
				During the inspection, no copies may be made of any contract filed under Section
				9-102.1(a) of the Act.
b) An authorized
				agency, subject to providing a confidentiality agreement as provided in subsection
				(d) of this Section, shall be permitted to receive from the public utility one copy
				of the contract filed pursuant to Section 9-102.1(a) of the Act for review. This
				copy may be redacted to exclude the name, address and the service address(es) of the
				customer. The contract shall be provided to the authorized agency within five
				business days after the later of the effective date of the confidentiality agreement
				or the request of the authorized agency for such access. In addition, upon the
				request of the authorized agency, the public utility shall provide the redacted
				information to the authorized agency within five days after the request. This
				information shall be included as information obtained pursuant to the terms of the
				confidentiality agreement. The authorized agency shall be permitted to retain the
				contract as provided in Section
				335.120.
				During any period of time while the contract is in the possession of the authorized
				agency, the contract shall be kept and maintained in accordance with the security
				procedures specified in Section
				335.130. The
				authorized agency shall permit review of the contract in its possession only by
				individuals qualified to review such contracts in accordance with subsections (d)
				and (e) of this Section.
c) An
				individual employed by the authorized agency either on an independent or part-time
				basis ("independent contractor") qualified in accordance with the provisions of
				subsection (e) of this Section shall be permitted to receive from the authorized
				agency the authorized agency's copy of the contract filed pursuant to Section
				9-102.1(a) of the Act for review at the independent contractor's premises. The
				contract provided for such review may be redacted to exclude the name, address and
				the service address(es) of the customer, and to the extent that the redacted
				information has been made available to the authorized agency pursuant to subsection
				(b) above, such information may be shared with the independent contractor, provided
				that the information remains protected under the confidentiality agreement. The
				independent contractor shall be permitted to retain the contract as provided in
				Section 335.120. During any period of time the contract is in the possession of the
				independent contractor, the contract shall be maintained in accordance with the
				security procedures specified in Section 335.130. The independent contractor shall
				permit review of the contract in its possession only by individuals qualified to
				review such contracts in accordance with subsections (d) and (e) of this
				Section.
d) A full-time employee of an
				authorized agency who is seeking access to any contract filed pursuant to Section
				9-102.1(a) of the Act shall present to the public utility, for filing with the Chief
				Clerk of the Commission, a signed confidentiality agreement, as set forth in
				Appendix A, indicating that he/she is a full-time employee of the authorized agency
				and setting forth the employee's and authorized agency's agreement to maintain the
				confidential nature of the contract. Such confidentiality agreement shall extend to
				all information contained in the contract and any information redacted from the
				contract and subsequently provided by the public utility and shall limit the use of
				the contract or any included information for purposes of review for compliance with
				the Act. The form shall be signed by all the full-time employees who are to have
				access to the contract and shall also be signed by the executive director of the
				Citizens Utility Board, the Attorney General or his/her designee, or the Public
				Counsel or his/her designee, as appropriate.
e) In those instances in which the person who is
				seeking access to contracts is an independent contractor retained or employed by the
				authorized agency, the independent contractor shall present to the public utility,
				for filing with the Chief Clerk of the Commission, a signed confidentiality
				agreement, as set forth in Appendix B, indicating that he/she is an independent
				contractor employed or retained by the authorized agency and setting forth the
				independent contractor's agreement to maintain the confidential nature of the
				contract. Where the authorized agency's copy of the contract is to be provided to
				the independent contractor for use at his/her premises, the authorized agency shall
				provide notice of such action to the public utility. In addition to the requirements
				set forth in subsection (c), the confidentiality agreement shall require the
				independent contractor to certify that the independent contractor is not, and will
				not for a period of one year after the date the independent contractor's right to
				access to the contracts under the confidentiality agreement terminates, provide
				consulting or other services to a competitor of the public utility or to a customer
				of the public utility relating to negotiations for a contract for rates for utility
				services or that are otherwise related in subject matter or scope to the material
				issues in the contract for which access is sought. An officer of the public utility
				that filed the contract must sign the confidentiality agreement indicating the
				public utility's acquiescence to the independent contractor's access to the contract
				prior to such access being granted. The public utility shall have 10 business days
				to respond to the independent contractor's request for access to the
				contract.
f) Nothing in this Part shall
				preclude the public utility from seeking appropriate legal redress, including all
				costs, losses or damages, including attorneys fees, resulting directly or indirectly
				from disclosure or use of the terms of a contract filed under Section 9-102.1(a) of
				the Act or information related to such a contract, the disclosure or use of which is
				in violation of the terms of an agreement executed pursuant to this
				Section.