Utah Admin. Code R746-1-602 - Persons Entitled to Review Confidential and Highly Confidential Information

(1)

(a) The following persons are entitled to receive and review confidential and highly confidential information:

(i) Commission, including counsel and staff;

(ii) Division, including counsel and staff; and

(iii) Office, including counsel and staff.

(b)

(i) Except as provided in Subsection R746-1-602(2), the following persons are entitled to receive and review confidential and highly confidential information after signing a non-disclosure agreement:

(A) counsel or other designated representative of each party, including, to the extent reasonably necessary, the counsel's or representative's:

(I) paralegals;

(II) administrative assistants; and

(III) clerical staff;

(B) persons designated by a party as an expert witness, including, to the extent reasonably necessary, the experts':

(I) administrative assistants; and

(II) clerical staff;

(C) persons employed by the parties, to the extent reasonably necessary; and

(D) any other person that signs a non-disclosure agreement.

(ii) Subsection R746-1-602(1)(b)(i) is superseded by any conflicting:

(A) agreement of the parties; or

(B) order of the Commission.

(c) The non-disclosure agreement required under Subsection R746-1-602(1)(b) shall read substantially as follows: "I have reviewed Public Service Commission of Utah Rule R746-1-603 and/or the Protective Order entered by the Public Service Commission of Utah in Docket No. XX-XXX-XX with respect to the review and use of confidential information and agree to comply with the terms and conditions of the rule and/or Protective Order."

(2)

(a) A person, including an expert who is employed or retained by a party, may not receive confidential or highly confidential information if, in performing the person's normal job functions, the person could use the information to the competitive disadvantage of the person providing the information.

(b) The party that wishes to restrict or deny access to confidential or highly confidential information under Subsection R746-1-602(2)(a) has the burden to demonstrate the competitive disadvantage claimed.

Notes

Utah Admin. Code R746-1-602

Adopted by Utah State Bulletin Number 2017-7, effective 3/6/2017