New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 12 - PROCEDURES FOR DETERMINING THE CONFIDENTIALITY OF SUBMITTED INFORMATION › Section 14:1-12.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
"Claimant" means any person who submits a confidentiality
				  claim under this subchapter.
"Confidential copy" means a record (or copy thereof)
				  submitted to or obtained by the Board or the custodian, containing information
				  which the claimant asserts is confidential information.
"Confidential information" means information which the
				  custodian and/or the Board determines, in accordance with the procedures of
				  this subchapter, to have satisfied the substantive criteria in this subchapter
				  and/or in applicable law described at
				  14:1-12.1(d).
				  Information may be claimed confidential by the person who submitted it, or the
				  Board may on its own initiative determine information to be
				  confidential.
"Confidentiality claim" or "claim" means, with respect to
				  information that a person is required either to submit to the Board or to allow
				  the Board to obtain, an assertion in accordance with this subchapter that the
				  information is entitled to be exempt from public disclosure under applicable
				  law.
"Confidentiality determination" means a determination by the
				  custodian that the asserted confidential information is or is not confidential
				  information.
"Contract" means an agreement between the Board and a
				  contractor, for which the Board has determined it is necessary for the
				  contractor to have access to confidential information to enable the contractor
				  to perform the duties required by such agreement.
"Contractor" means a person other than an employee of the
				  Board, who has entered into a contract, as defined herein, with the Board to
				  perform services or to provide goods for the Board.
"Custodian" means the officer officially designated by the
				  Board to oversee the public's access to government records pursuant to
				  47:1A-1 et seq.
"Designee" means the person designated by a claimant in
				  accordance with
				  14:1-12.4 to receive notices and
				  other communications relating to confidentiality claims from the custodian
				  under these rules.
"Energy information" means any statistic, datum, fact, or
				  item of knowledge and all combinations thereof relating to energy, which is
				  submitted to the Board pursuant to
				  52:27F-18.
"Energy trade secret" means a trade secret, as defined in
				  this section, that pertains to the energy industry and is submitted to the
				  Board pursuant to
				  52:27F-18.
"Final public copy" means a copy of a record submitted to or
				  obtained by the Board, identical to the confidential copy except that any
				  confidential information has been blacked out; however, if the record is not in
				  a form in which the confidential information can be concealed by blacking out,
				  the "final public copy" shall be a copy of such record from which such
				  confidential information has been deleted, containing notations stating where
				  deletions have been made.
"Preliminary public copy" means a copy of a record held by
				  the Board, identical to the confidential copy except that any asserted
				  confidential information has been blacked out; however, if the record is not in
				  a form in which the confidential information can be concealed by blacking out,
				  the "preliminary public copy" shall be a copy of such record from which such
				  confidential information has been deleted, containing notations stating where
				  deletions have been made.
"Requester" means a person who has made a request to the
				  Board to inspect or copy records which the Board possesses or controls.
"Substantiation" means information which a claimant submits
				  to the custodian in support of a confidentiality claim made pursuant to
				  14:1-12.8.
"Trade secret" means the whole or any portion or phase of any
				  scientific, technical or otherwise proprietary information, design, process,
				  procedure, formula or improvement which is used in one's business and is secret
				  and of value; and which provides him or her the opportunity to obtain an
				  advantage over competitors who do not know or use it. A trade secret shall be
				  presumed to be secret when the owner takes measures to prevent it from becoming
				  available to persons other than those selected by the owner to have access
				  thereto for limited purposes.