Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.50 - Protective Orders and Protection of Confidential Information › Rule 38.2.5012 - NONDISCLOSURE AGREEMENTS-GENERAL

Current through Register Vol. 13, July 5, 2024
(1) All
				persons, including legal counsel, having a right pursuant to protective order
				to access confidential information, shall sign and file with the commission and
				serve on the provider a nondisclosure agreement, on a form as attached to each
				protective order, prior to receiving or reviewing the confidential
				information.
(2) Commissioners and
				commission staff shall sign a "commission nondisclosure agreement" which must
				certify, permanently and for all confidential information in all proceedings
				before the commission, in substantial compliance with the following:
"I understand that in my capacity as commissioner or
				  commission staff, I may be called upon to access, review, and analyze,
				  information that is protected as confidential information. I have reviewed all
				  commission rules applicable to protection of confidential information and I am
				  familiar with the standard terms and conditions of protective orders issued by
				  the commission. I understand and will abide by my obligations in regard to
				  confidential information.
"I agree that I will use confidential information only for
				  commission purposes and I will discuss and disclose confidential information
				  only with the provider and persons, including commissioners and commission
				  staff, having also signed a nondisclosure agreement. I agree to be bound by the
				  terms and conditions of protective orders and these rules. I will neither use
				  nor disclose protected information except for lawful purposes in accordance
				  with the governing protective order and these rules so long as such information
				  remains protected.
"I understand that this nondisclosure agreement may become
				  part of my permanent personnel file and the files of the division to which I am
				  assigned and may be freely copied and distributed to other files and persons
				  having interest in it, including the provider and other parties in proceedings
				  before the commission."
(3)
				Counsel, expert witnesses, and others entitled to access confidential
				information for parties to a proceeding in which a protective order has been
				issued shall sign and file with the commission, and on the same day must serve
				on the provider, a nondisclosure agreement, on a form as attached to each
				protective order, certifying in substantial compliance with the following:
"I understand that in my capacity as counsel or expert
				  witness for a party to this proceeding before the commission, or as a person
				  otherwise lawfully so entitled, I may be called upon to access, review, and
				  analyze information that is protected as confidential information. I have
				  reviewed all commission rules and protective orders governing the protected
				  information that I am entitled to receive. I fully understand, and agree to
				  comply with and be bound by, the terms and conditions thereof. I will neither
				  use nor disclose confidential information except for lawful purposes in
				  accordance with the governing protective order and commission rules so long as
				  such information remains protected.
"I understand that this nondisclosure agreement may be copied
				  and distributed to any person having an interest in it and that it may be
				  retained at the offices of the provider, commission, consumer counsel, or any
				  party and may be further and freely distributed."
(4) Nondisclosure agreements must include the
				name, employer, and business address of the person signing and the name of the
				party represented by the person.
69-3-103,
					 MCA; IMP,
					 69-3-105,
					 MCA;