N.D. Admin Code 69-02-09-01 - Application to protect information
Except as provided in section 69-02-09-13, a person requesting protection of information in an administrative proceeding or in a response to a commission request for information shall file an application with the commission. The application must include at least the following:
1. A general description of the nature of the
information sought to be protected.
2. The specific law or rule on which
protection is based.
3. If the
basis for protection is that the information is trade secret:
a. An explanation of why the information
derives independent economic value, actual or potential, from not being
generally known to other persons;
b. An explanation of why the information is
not readily ascertainable by proper means by other persons;
c. A general description of the persons or
entities that would obtain economic value from disclosure or use of the
information;
d. A specific
description of known competitors and competitors' goods and services that are
pertinent to the tariff or rate filing; and
e. A description of the efforts used to
maintain the secrecy of the information.
4. If the basis for protection is a reason
other than that the information is trade secret, the specific basis or bases
upon which the information qualifies for protection.
5. A redacted public version of the
information, unless this requirement is waived by the commission. The amount
redacted must be as minimal as possible. If it is not possible to file a
redacted public version, a specific written request for waiver of the
requirement and the reasons for requesting a waiver must be filed.
Notes
General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-06, 44-04-18.4, 47-25.1
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