New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 501 - Public Access To Records › Section 501.6 - Trade secret designation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For
				purposes of this Part, trade secret means any record including, but not limited
				to: any proprietary data concerning past, present or planned future energy
				distribution, sales volumes, costs, or prices; customer or client lists;
				devices; processes or plans; formulas; patterns; processess; procedures;
				studies, analyses, plans, and surveys; compounds; cost records; compilations of
				information; and other confidential or proprietary information which is not
				published or divulged, disclosure of which would cause substantial injury to
				the competitive position of the commercial enterprise. Trade secret shall also
				include information derived from information from a commercial enterprise which
				if disclosed would cause substantial injury to the competitive position of the
				commercial enterprise.
(b) The
				authority may deny access to a trade secret. A record containing a trade secret
				shall be labeled using such words as "trade secret", "confidential",
				"proprietary information", or words of similar import.
(c) A person may, at the time of submission
				of a record, request that the authority designate all or a portion of such
				record as a trade secret, and except such record from disclosure under
				paragraph (d) of subdivision two of section
				87 of the
				Public Officers Law. Such request shall identify the record constituting a
				trade secret and the reasons why disclosure of such record would cause
				substantial injury. The request shall indicate, if appropriate:
(1) the specific record requested to be
				considered a trade secret, including, where applicable, page, form, line,
				chart, or table designation;
(2)
				the confidential nature of the record, including a description of the nature
				and extent of the injury to the person's competitive position such as unfair
				economic or competitive damage which would be incurred were the record to be
				disclosed;
(3) whether the record
				is treated as confidential by the submitter, including whether it has been made
				available to others;
(4) whether
				any patent, copyright, or similar legal protection exists for the
				record;
(5) whether the public
				disclosure of such record is otherwise restricted by law, and the specific
				source and contents of such restrictions;
(6) the date upon which such record will no
				longer need to be kept confidential, if applicable;
(7) whether the request itself constitutes a
				record which, if disclosed, would defeat the purpose for which trade secret
				status is sought;
(8) whether the
				record is known outside of the business of the submitter;
(9) the extent to which the record is known
				by the employees and others involved in the business of the
				submitter;
(10) the value of the
				record to the submitter and to its competitors;
(11) the amount of effort or money expended
				by the submitter in developing the record;
(12) the ease or difficulty with which the
				record could be properly acquired or duplicated by others; and
(13) any other factors considered
				relevant.