Conn. Agencies Regs. § 16-47a-4 - System operation information. Trade secrets
(a) A
gas company shall not disclose to any of its unregulated affiliates any
confidential systems operation information, trade secrets, or proprietary
information such as confidential market analysis reports, surveys, research,
forecasts, planning or strategic reports, unless it discloses such information
to all competitors of such unregulated affiliates contemporaneously and in
accordance with a procedure approved in advance by the Department, and provided
such disclosure is consistent with all applicable federal laws or state
statutes and regulations. The prohibition of this subsection does not apply to
the following:
(1) Disclosure of such
confidential information to another Connecticut-regulated public service
company, other regulated affiliate, or a CSC; or
(2) Disclosure of such confidential
information where:
(A) A state or federal
regulatory agency or court having jurisdiction over the disclosure of such
information requires the disclosure;
(B) The information is provided to employees
of an affiliate pursuant to any agreement filed with Department, provided that
the agreement specifically describes the type of information to be
disclosed;
(C) The information is
provided to employees of an affiliate for the purpose of sharing best practices
and otherwise improving the provision of regulated utility service;
(D) Disclosure is otherwise essential to
enable a gas company to provide gas services to its customers;
(E) Disclosure of the information provided to
an unregulated affiliate would expose proprietary information surrounding a
consortium effort to sell or purchase gas assets or other services designed to
maximize profit or reduce costs for utility ratepayers; or
(F) Disclosure of the information is
necessary for compliance with the Sarbanes-Oxley Act of 2002.
(b) Any confidential
system operation information, trade secrets, or other proprietary information
disclosed pursuant to the exceptions in subsection (a) of this section shall be
disclosed only to employees that need the information for the purposes covered
by those exceptions and in as limited a manner as possible. The employees
receiving such information shall not act as conduits to pass the information to
any unregulated affiliates if such action results in a violation of this Gas
Code of Conduct and shall have explicitly agreed to protect the confidentiality
of such information.
(c) For
disclosures pursuant to the exceptions of subsection (a) of this section, a gas
company shall include in its annual affiliate transaction report required by
section
16-47a-8(c)
of this Gas Code of Conduct, the following information:
(1) the type of information disclosed and the
names of the unregulated affiliates to which it is being, or has been,
disclosed;
(2) the time and date of
the disclosure; and
(3) the reasons
for the disclosure.
(d)
No technology or trade secrets developed, obtained, or held by a gas company in
the conduct of regulated operations shall be transferred to an unregulated
affiliate without just compensation or prior approval from the Department.
Nothing herein however shall affect the provision of shared corporate support
services that are otherwise in compliance with this Gas Code of
Conduct.
Notes
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