Section Puc 201.07 - Requests for Release to the Public of Confidential Documents Submitted in Routine Filings(a)Puc 201.07 shall apply to all routine filings subject to Puc 201.06. All references to written communications in this rule also refer to e-mail communications.(b)Puc 201.07 shall govern the commission's consideration of requests submitted pursuant to Puc 104.01 for public release of one or more documents for which confidential treatment has been requested pursuant to Puc 201.06.(c) The commission, within 5 business days of the receipt, by the executive director, of a request made pursuant to Puc 201.07, shall send a written acknowledgment to the person requesting public release that includes: (1) A statement that confidential treatment has been requested for the document(s);(2) A statement of the time reasonably necessary to determine whether the request for release shall be granted or denied; and(3) A statement that the request for release is subject to the provisions of Puc 201.07.(d) The commission shall provide the person who submitted the document(s) with written notice of the request for release within 5 business days of the receipt of the request for release.(e) The notice in (d) above shall: (1) Describe the request for release; and(2) Afford the person who submitted the document(s) 10 calendar days from the date of the notice to submit to the executive director a written objection to release of the document(s) to the public, pursuant to (f) below.(f) Objections to release shall comply with Puc 202.06(a)(1) and (2) and contain: (1) A specific description of the document(s) or specific portions of documents for which confidentiality is sought;(2) Specific facts showing how release of the requested document(s) would constitute an invasion of privacy under RSA 91-A:5, including a description of how the requested material includes confidential, commercial, or financial information, or other information subject to the exemptions of RSA 91-A:5;(3) A specific description of the harm that would result from release; and(4) A representation that the information contained in the document(s) or portions of documents for which confidentiality is sought is not already available to the public.(g) The commission shall take one of the following actions pursuant to RSA 91-A:5 and other applicable law: (1) Approve the public release of the requested documents in their entirety;(2) Approve the partial release of the requested documents, subject to redactions approved by the commission; or(3) Deny the request for release in its entirety.(h) In making its determination pursuant to (g) above, the commission shall consider: (1) The written request for release;(2) The original request for confidential treatment pursuant to Puc 201.06;(3) Written objections filed with the commission;(4) Additional information that the commission requests; and(i) In determining the proper action under (g) above, the commission shall: (1) Consider whether there is a privacy interest at stake that would be invaded by the disclosure of the requested documents;(2) Consider whether the public has an interest in disclosure of the requested documents; and(3) Decide whether any public interest in disclosure is outweighed by the state's interest in non-disclosure and any privacy interest in non-disclosure.(j) The commission shall provide written notice of its decision.N.H. Admin. Code § Puc 201.07
#9897, INTERIM, eff 3-26-11, EXPIRED: 9-22-11
New. #10101, eff 3-24-12