CONFIDENTIAL TREATMENT OF INFORMATION
The purpose of these rules is to establish standards and procedures for determining whether information submitted to the Department of Energy shall be entitled to confidential treatment.
Statutory Authority and Scope
These rules carry out and are authorized by ORS 469.040(a), (d), and 469.090.
For purposes of these rules, the following definitions shall apply:
(1) "Department" means the Department of Energy.
(2) "Director" means the Director of the Department.
(3) "Energy Supplier" means a coal supplier, petroleum supplier, or utility, as defined in ORS 469.020(2), (8), and (12).
(4) "Person" shall be defined in ORS 469.020(7).
(5) "Proprietary" means information, regardless of its format, in which there is an ownership interest which is of important, established financial or competitive value to its owner, determined by use of the following indicators:
(a) Whether the information is treated as confidential by its owner.
(b) Whether its owner has made the information available to others, and the reason for such disclosure.
(c) The potential for competitive advantage that the information provides.
(d) The cost of developing the information.
(e) The potential for financial or competitive loss to its owner from disclosure of the information
(f) Whether legal protections, such as patents or copyrights, exist for the information.
Material Entitled to Confidential Treatment
(1) Any information submitted to the Department by an energy supplier or any other person shall be entitled to confidential treatment if the Director, upon request of the one submitting the information, determines:
(a) That the information is proprietary in nature; or
(b) That the information consists of geological and geophysical information and data, including maps, concerning oil, gas, or geothermal resources wells.
(2) Any information submitted to the Department classified as Safeguards Information (SI) shall be automatically entitled to confidential treatment and handled in accordance with OAR Chapter 330, Division 30 and OAR Chapter 345, Division 70.
Procedure for Requesting Confidential Treatment
(1) A request for confidential treatment shall be made in writing and shall be accompanied by copies of the information which is the subject of the request, segregated from any other information submitted for which confidential treatment is not requested.
(2) The written request for confidential treatment shall set forth the following:
(a) The specific information to be treated as confidential, identified by form, page, and line number, if any;
(b) The specific reason for requesting confidential treatment, together with any supporting evidence, documents, or argument related thereto;
(c) The minimum level of aggregation at which the information may be reported without losing its confidentiality; and
(d) The date on which each item of information need no longer be treated as confidential.
(3) The package or envelope in which the request for confidential treatment and related material are sent to the Department shall be addressed to the Director's attention and be so marked as to indicate clearly the confidential nature of the contents.
Determination by Director
(1) Within ten business days after receipt of a request for confidential treatment, the Director shall review the request and make his findings on whether the standard set forth in OAR 330-010-0020 has been met.
(2) The Director's findings shall be promptly sent to the energy supplier or other person requesting confidential treatment by registered or certified mail.
(3) In the event that the Director finds that confidential treatment is not proper, the information submitted shall not be publicly disclosed until ten days after his decision has been mailed.