Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 21 - INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter C - PRELIMINARY ISSUES, ORDERS, AND PROCEEDINGS › Section 21.77 - Confidential Material

Current through Reg. 49, No. 28; July 12, 2024
(a) General. If any
				  party believes that any material it files with the commission or provides to
				  the presiding officer during any proceeding under this chapter should be exempt
				  from disclosure under the Texas Public Information Act (TPIA), it may designate
				  such material as confidential information and submit the information under
				  seal, pursuant to the requirements of §
										RSA
				  22.71<subdiv>(d)</subdiv> of this
				  title (relating to Filing of Pleadings, Documents and Other Materials).
				  Material is presumed to be subject to disclosure under the TPIA unless
				  designated as confidential.
(b)
				  Disputes. In the event that a presiding officer believes that the material is
				  not confidential, the presiding officer shall, unless waived by the party
				  challenging the declassification, hold a hearing regarding declassification of
				  the material. In the event a party disputes another party's designation of
				  material as confidential, such party shall file a motion challenging the
				  designation at least 15 working days before the hearing on the merits. The
				  challenge shall include a statement as to why the material should not be held
				  to be confidential under current legal standards, or that the party asserting
				  confidentiality did not allow counsel to review such materials. The presiding
				  officer shall notify the party of his belief that the material is not
				  confidential at least ten days before the hearing on the merits. The party
				  asserting confidentiality has three working days after the presiding officer
				  notifies the party of his belief that the material is not confidential, or
				  after another party's challenge is filed, to respond and bears the burden of
				  proof on confidentiality. In determining whether material is exempt from
				  disclosure, the presiding officer shall consider whether the material is
				  considered to be confidential under the TPIA. Any presiding officer's decision
				  relating to whether or not material is confidential is subject to motion for
				  reconsideration to the commission. A party shall have three working days from
				  the date of the presiding officer's decision to file a motion for
				  reconsideration. The commission's decision shall be deemed a final
				  administrative decision.
(c)
				  Exemption from disclosure. Material received by the commission or by a
				  presiding officer in accordance with this procedure shall be treated as exempt
				  from public disclosure until and unless such confidential information is
				  determined to be public information pursuant to a specific provision in the
				  TPIA, an Open Records Decision by the Attorney General, an order of the
				  presiding officer entered after notice to the parties and hearing, or an order
				  of a court having jurisdiction.
(d)
				  Material provided to parties. Material claimed to be confidential information
				  must be provided to the other parties to the arbitration hearing provided they
				  agree in writing to treat the material as confidential information. One copy of
				  the material shall be provided to each party. The receiving party shall keep
				  the confidential information properly secured during all times when the
				  documents are not being reviewed by a person authorized to do so. The receiving
				  party shall only make copies of the confidential information as permitted by
				  the protective order in place in the proceeding.
(e) Review by parties. Unless otherwise
				  agreed to by the parties or ordered by the presiding officer, each receiving
				  party may designate no more than eight individuals associated with the party
				  who will be allowed access to the confidential information. The individuals who
				  may have access to the confidential information shall be limited to the
				  receiving party's counsel of record, regulatory personnel acting at the
				  direction of counsel, and subject matter experts and outside consultants
				  employed by the receiving party. These individuals may use the confidential
				  information only for the purpose of presenting or responding to matters raised
				  in the arbitration hearing during the course of that proceeding. These
				  individuals shall not disclose the confidential information to any person who
				  is not authorized under this section, or the protective order in effect for
				  that proceeding, to view this information.
(f) Acknowledgment. Each individual who is
				  provided access to the confidential information shall sign a notarized
				  statement affirmatively stating that the individual has personally reviewed
				  this section and the protective order in the proceeding and understands and
				  will observe the limitations upon the use and disclosure of confidential
				  information. By signing such statements a party may not be deemed to have
				  acquiesced in the designation of the material as confidential information or to
				  have waived any rights to contest such designation or to seek further
				  disclosure of the confidential information.
(g) Disposition of confidential information.
				  Upon the completion of commission proceedings to review the arbitration
				  agreement pursuant to FTA §252 and any appeals thereof, confidential
				  information received by the parties shall be returned to the producing party.
				  Any notes or work product prepared by the receiving party which were derived in
				  whole or in part from the confidential information shall be destroyed at that
				  time. Material filed with the commission will remain under seal at the
				  commission and will continue to be treated as confidential information under
				  this chapter. The commission may destroy confidential information in accordance
				  with its records retention schedule.
(h) Use in other proceedings. Any
				  confidential information produced pursuant to this section may not be used in
				  any other proceedings before the commission. However, this section does not
				  prevent the discovery or admissibility of any material otherwise discoverable,
				  merely because the material was presented in the course of an arbitration
				  hearing under this section.