Cal. Code Regs. tit. 20 § 1370

Current through Register 2024 Notice Reg. No. 24, June 14, 2024
Section 1370 - Confidential Information
(a) Except as otherwise provided by law, CEC staff and support staff assigned to collect or analyze data submitted in confidence, pursuant to this article, will hold unaggregated PIIRA data confidential.
(b) Any person required by the provisions of this article to submit Petroleum Information Reports may request that data or information be held in confidence. Such requests shall identify on an item-by-item basis, the specific data or information to be kept confidential. The CEC shall treat the specific data or information for which confidentiality has been requested in the manner described in Public Resources Code Section 25364.
(c) Any person, including the staff of the CEC, may request unaggregated data contained in any Petroleum Information Report, and for which confidentiality has been requested, be publically disclosed. Whenever the CEC receives a request for disclosure of unaggregated data or information for which confidentiality has been requested, or otherwise proposes to publicly disclose unaggregated data or information for which confidentiality has been requested, the CEC shall notify in writing the person submitting the information of such request or proposal.
(d) Upon receipt of notice that a request or proposal for disclosure has been made, the person claiming confidentiality shall respond in writing within 10 working days with a statement, on an item-by-item basis, describing why it considers the information concerned to be a trade secret or other proprietary information, whether such information is customarily treated as confidential by its companies and the industry, and the potential for and type of competitive hardship that would result from disclosure of the information. The person claiming confidentiality may include in its written response a request that a Committee of the CEC conduct a closed hearing on the request or proposal for disclosure.

Cal. Code Regs. Tit. 20, § 1370

Note: Authority cited: Sections 25213, 25218(e) and 25367, Public Resources Code. Reference: Section 25364, Public Resources Code.

Note: Authority cited: Sections 25213 and 25218(e), Public Resources Code. Reference: Section 25364, Public Resources Code.

1. Amendment of subsection (c) filed 2-15-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 7).
2. Amendment filed 1-3-2006; operative 2-2-2006 (Register 2006, No. 1).
3. Amendment of subsection (a) and NOTE filed 5-20-2024 as a deemed emergency pursuant to Public Resources Code section 25367(a); operative 5/20/2024 (Register 2024, No. 21). Pursuant to Public Resources Code section 25367(a), a Certificate of Compliance must be transmitted to OAL by 5-20-2026 or emergency language will be repealed by operation of law on the following day.