3 Alaska Admin. Code § 48.040

Current through March 29, 2024
Section 3 AAC 48.040 - Confidential records
(a) Except as provided in (b) of this section, the records in the possession of the commission or its advisory staff are open to inspection by the public during regular office hours.
(b) The following records are confidential and are not open to inspection by the public unless they are released under 3 AAC 48.049 or court order or their release is authorized by the person with confidentiality interests:
(1) bids for contracted services received in response to an invitation to bid issued by the commission until after the notice of intent to award a contract is given by the commission;
(2) communications relating to personnel matters and medical or other personal information that, under governing personnel practices and the laws of the state, are not public information;
(3) records filed with the commission that are confidential under AS 42.06.445(c);
(4) records classified as confidential under a protective order of the commission or the court;
(5) records designated as confidential by written agreement among the parties to adjudicatory matters before the commission for the purpose of conducting discovery;
(6) communications, regarding confidential legal advice or assistance, between legal counsel for the commission and the commission, its advisory staff, or its consultants, and documents prepared by or at the direction of legal counsel that contain investigative conclusions or are created for litigation or adjudicatory matters involving the commission;
(7) preliminary records relating to an investigation by the commission until the investigation is complete or formal proceedings have been initiated by the commission;
(8) records of deliberations on adjudicatory matters before the commission;
(9) notes, drafts, and analyses used to aid the commission in the preparation of any order or finding on adjudicatory matters;
(10) records of a regulated public utility, electric reliability organization, pipeline carrier, or pipeline submitted to or copied by the commission's advisory staff during any audit, review, or investigation in connection with any formal or informal proceeding;
(11) records classified as confidential in accordance with 3 AAC 48.045.
(12) financial records filed in support of an application for a certificate of public convenience and necessity to provide local exchange telecommunication services in a competitive local exchange market.
(13) critical electric infrastructure information within the meaning given in 18 C.F.R. 388.113(c); and
(14) cybersecurity incident information, including any information related to, describing, or that could be used to plan or cause any malicious or suspicious event that disrupts, or was an attempt to disrupt, the operation of those programmable electronic devices and communications networks, including hardware, software, and data, that are essential to the reliable operation of the interconnected bulk-electric system; in this paragraph,
(A) ''cybersecurity incident" has the meaning given in AS 42.05.790;
(B) "interconnected bulk-electric system" has the meaning given in AS 42.05.790.

3 AAC 48.040

Eff. 1/13/73, Register 44; am 6/29/84, Register 90; am 7/12/92, Register 123; am 3/21/2003, Register 165; am 4/20/2006, Register 178; am 3/25/2017, Register 221, April 2017; am 3/11/2022, Register 241, April 2022

Authority:AS 40.25.110

AS 40.25.120

AS 42.05.141

AS 42.05.151

AS 42.05.671

AS 42.05.762

AS 42.05.765

AS 42.05.770

AS 42.06.140

AS 42.06.445