Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 335 - CONFIDENTIAL CONTRACTS › Subpart B - ACCESS TO CONTRACTS › Appendix A - Agreement for Full-time Employees of Authorized Agencies

Current through Register Vol. 48, No. 28, July 12, 2024
AGREEMENTS UNDER SECTION 9-102.1 OF THE PUBLIC
				  UTILITIES ACT
ACCESS FOR FULL-TIME EMPLOYEES OF THE ATTORNEY
				  GENERAL OF
THE STATE OF ILLINOIS, THE CITIZENS UTILITY BOARD
				  AND
THE OFFICE OF PUBLIC COUNSEL
Section 1 (must be completed)
1. The undersigned are full-time employee(s) of the [Citizens
				  Utility Board] [Office of the Attorney General] [Office of Public Counsel] (the
				  authorized agency) and enter into this confidentiality agreement in connection with
				  access to a certain contract identified as ___________ (contract) which (utility),
				  an Illinois public utility, has filed with the Illinois Commerce Commission on a
				  confidential basis pursuant to Section 9-102.1 of the Public Utilities Act. The
				  effective date of this agreement is _____________. The undersigned agrees not to
				  copy, duplicate, or reproduce in any manner the contract and not to use the
				  information contained in the contract for purposes other than reviewing it for
				  compliance with the Public Utilities Act [220 ILCS 5 ]. The undersigned also agrees
				  to keep the contract and all information contained therein, and any information
				  redacted in accordance with 83 Ill. Adm. Code
				  335.110(b) or (c)
				   confidential, and not to divulge the terms of the
				  contract or any confidential information coming to my knowledge from the contract to
				  any person other than a person authorized to receive access to such confidential
				  contract pursuant to Section 9-102.1 of the Public Utilities Act who has executed a
				  confidentiality agreement pursuant to 83 Ill. Adm. Code 335 (Part 335) with respect
				  to the contract. The undersigned agrees that he/she/they have reviewed and
				  understand and will comply fully with the provisions of Part 335.
2. If the authorized agency receives a copy of the contract for
				  review in accordance with 83 Ill. Adm. Code
				  335.110(b),
				  the undersigned agrees that, at the earlier of the end of the retention period (as
				  defined in 83 Ill. Adm. Code
				  335.120(c)
				  ) or such extended or additional period as is permitted under 83 Ill. Adm. Code
				  335.120(c) or
				  (d); or the date that the undersigned's right of
				  access to the contract terminates in accordance with Paragraph 3 below, the
				  authorized agency shall return the contract to the utility.
3. The confidentiality requirements stated in this agreement shall
				  remain permanently in effect unless, until, and to the extent that the information
				  contained in the contract becomes part of the public domain otherwise than through
				  the breach of a confidentiality agreement by a party authorized to have access to
				  the contract pursuant to Part 335. Access to the contract shall be permitted by this
				  agreement until the earliest of (i) one year from the effective date; (ii) the date
				  on which the full-time employment of the undersigned with the authorized agency is
				  terminated; or (iii) (with respect to access to a copy for review at the office of
				  the authorized agency pursuant to 83 Ill. Adm. Code
				  335.110(b)
				  only) the date on which access terminates in accordance with 83 Ill. Adm. Code
				  335.140.
Full Time Employees:
Signature:  Name
				  & Title:  Date
_________________________________________________
_________________________________________________
_________________________________________________
Section 2 (must be completed)
I, __________________, the [Executive Director of the Citizens
				  Utility Board] [Attorney General or his/her designee] [Public Counsel or his/her
				  designee], hereby certify that the person(s) named above is (are) a full-time
				  employee(s) of the authorized agency. The authorized agency agrees not to copy or
				  duplicate the contract and not to use the information contained in the contract for
				  purposes other than for reviewing it for compliance with the Public Utilities Act
				  [220 ILCS 5 ]. The authorized agency also agrees to keep this agreement, the
				  contract and all information contained therein, and any information redacted in
				  accordance with 83 Ill. Adm. Code
				  335.110(b) or
				  (c), confidential, and not to divulge the terms of
				  the contract or any confidential information which is the subject of this agreement
				  to any person other than a person authorized to receive access to such confidential
				  contracts pursuant to Section 9-102.1 of the Public Utilities Act who has executed a
				  confidentiality agreement pursuant to Part 335 with respect to the contract.
Dated:
Signature
Title
Section 3 (must be completed)
I, ______________________ an officer
				  of___________________________, an Illinois public utility, agree that the foregoing
				  terms are consistent with the provisions of 83 Ill. Adm. Code 335, and thus forward
				  this agreement to the Chief Clerk of the Illinois Commerce Commission in accordance
				  with 83 Ill. Adm. Code
				  335.110(d).
Dated:
Signature
Title