California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 7 - Administration › Article 2 - Disclosure of Commission Records › Section 2505 - Designation of Confidential Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Third Parties.
(1) Any private third party giving custody or
				  ownership of a record to the Commission shall specify if it should be
				  designated a confidential record and not publicly disclosed. An application for
				  confidential designation shall:
(A) be on a
				  sheet or sheets separate from, but attached to, the record;
(B) specifically indicate those parts of the
				  record that should be kept confidential;
(C) state the length of time the record
				  should be kept confidential, and justification for the length of
				  time;
(D) cite and discuss the
				  provisions of the Public Records Act or other law that allow the Commission to
				  keep the record confidential. If the applicant believes that the record should
				  not be disclosed because it contains trade secrets or its disclosure would
				  otherwise cause loss of a competitive advantage, the application shall also
				  state the specific nature of that advantage and how it would be lost, including
				  the value of the information to the applicant, and the ease or difficulty with
				  which the information could be legitimately acquired or duplicated by
				  others;
(E) state whether the
				  information may be disclosed if it is aggregated with other information or
				  masked to conceal certain portions, and if so the degree of aggregation or
				  masking required. If the information cannot be disclosed even if aggregated or
				  masked, the application shall justify why it cannot;
(F) state how the information is kept
				  confidential by the applicant and whether it has ever been disclosed to a
				  person other than an employee of the applicant, and if so under what
				  circumstances;
(G) contain the
				  following certification executed by the person primarily responsible for
				  preparing the application:
1. "I certify under
				  penalty of perjury that the information contained in this application for
				  confidential designation is true, correct, and complete to the best of my
				  knowledge," and
2. State whether
				  the applicant is a company, firm, partnership, trust, corporation, or other
				  business entity, or an organization or association, and
3. State that the person preparing the
				  request is authorized to make the application and certification on behalf of
				  the entity, organization, or association.
(H) If the record contains information that
				  the applicant has received from another party who has demanded or requested
				  that the applicant maintain the confidentiality of the information, the
				  applicant shall address the items in (B) through (F) of this subsection to the
				  greatest extent possible and shall explain the demand or request made by the
				  original party and the reasons expressed by the original party. If the basis of
				  an application for confidential designation is an order or decision of another
				  public agency pursuant to the Public Records Act or the Freedom of Information
				  Act, the application shall include only a copy of the decision or order and an
				  explanation of its applicability. The Executive Director shall consult with
				  that agency before issuing a determination.