W. Va. Code R. § 150-21-7

Current through Register Vol. XLI, No. 38, September 20, 2024

Section 150-21-7 - Proprietary/confidential information

7.1. The Commission discourages attempts to keep any portion of an application confidential. If an applicant marks material filed in support of an application as proprietary or confidential, and such material is accompanied by a motion seeking protective treatment thoroughly explaining the reasons for the confidentiality request, the Commission shall provisionally accept the confidential nature of the material and it shall not be released unless otherwise ordered by the Commission. The Commission will consider disclosure of material marked confidential only on receipt of a request pursuant to the West Virginia Freedom of Information Act, W. Va. Code § 29B-1-1, et seq. (FOIA). Such request shall be served on the applicant seeking confidentiality of material and the applicant shall have the burden of proof that the material should be kept confidential.