New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter III - State Energy Planning Proceeding › Subchapter A - General Provisions › Part 7842 - Public Access To Records › Section 7842.6 - Confidential information

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Purpose and scope. This section establishes procedures for the determination of
					 confidential status of information submitted to the board, and for the
					 retention by the board of confidential records.
(b) Definition of confidential information.
					 Confidential information may consist of, but shall not be limited to:
					 proprietary data concerning past, present or planned future energy
					 distribution, sales volumes, or prices; customer lists; individual customer
					 usage and billing data; proprietary energy conservation or renewable energy
					 resource devices, processes or plans; critical infrastructure information;
					 other trade secrets; and other information which is not published or divulged,
					 disclosure of which would cause substantial injury to the competitive position
					 of the submitter; or information required to be maintained as confidential
					 pursuant to any law, regulation, order, tariff, or licensing
					 condition.
(c) Records containing
					 confidential information.
(1) Any person
					 submitting information to the board pursuant to law, regulation or directive
					 and requesting confidential status for such information shall clearly identify
					 the information considered to be confidential and state the reasons why the
					 information should be excepted or exempted from disclosure. A record containing
					 confidential information shall be labeled, on each page as appropriate, using
					 such words as "confidential," "trade secret," "proprietary information,"
					 "critical infrastructure information," or words of similar import. The request
					 shall be in writing and indicate:
(i) the
					 specific information requested to be considered confidential, including, where
					 applicable, page or form and line, chart or table designation;
(ii) the confidential nature of the
					 information, including a description of the nature and extent of the injury to
					 the competitive position of the submitter (or to the person who supplied such
					 information to the submitter) which would be incurred were the information to
					 be disclosed;
(iii) whether the
					 information is treated as confidential by the submitter, including whether it
					 has been made available to others and, if so, under what conditions;
(iv) the worth or value of the information to
					 the submitter (or to the person who supplied such information to the submitter)
					 and to either such person's competitors if applicable or known;
(v) the amount of effort or money expended by
					 the submitter (or to the person who supplied such information to the submitter)
					 in developing the record;
(vi)
					 whether any patent, copyright or similar legal protection exists for the
					 information;
(vii) whether the
					 public disclosure of such information is otherwise restricted by law, and the
					 specific source and contents of such restrictions;
(viii) the date upon which such information
					 will no longer need to be kept confidential, if known;
(ix) whether the request itself contains
					 information which, if disclosed, would defeat the purpose for which
					 confidential status is sought;
(x)
					 whether persons other than the submitter have any interest in maintaining the
					 confidentiality of the information; and
(xi) other factors considered relevant to the
					 submitter.