980 CMR, § 4.04

Current through Register 1536, December 6, 2024

Section 4.04 - Methods or Processes Entitled to Protection

(1)General. An applicant for a Certificate of Environmentallmpact and Public Need or any other person may assert that any information obtained by or submitted to the Council in connection with an application for a Certificate relates to methods or processes entitled to protection as a trade secret.

The procedures of 980 CMR 4.04 shall also be available to any person in connection within any other type of proceeding before the Council, including forecast and supplement proceedings pursuant to 980 CMR 7.00 and proceedings relating to a Notice of Litention filed pursuant to 980 CMR 8.00. The procedures shall also be available for any information sought to be protected xmder any of the exemptions referred to in 980 CMR 4.03(2).

Any person or party submitting a document or record to the Council for any purpose other than for purposes of a determination as provided in this Part and seeking protection of the confidentiality of such document or record pursuant to this Part, must petition the Council as provided by 980 CMR 4.04(2) at least 30 days before submission. The requirement of the prior sentence shall not apply to information submitted pursuant to a request of the Council or of a party, provided that the person or party seeking protection of the document or record waives the right of withdrawal provided by 980 CMR 4.04(4).

(2)Petition. Such applicant or person shall present a written petition to the Council.

The petition shall:

(a) Include a complete copy of all documents sought to be protected;

(b) State the reasons why the Council should protect the information in such detail as shall enable the Council to reach a decision; and

(c) Include a copy of all documents sought to be protected, edited to exclude only the precise information sought to be protected.

(3)Decision. The Council shall render a decision on such a petition within thirty (30) days after its receipt. The Council shall find that a document or a part thereof shall be protected if a majority of the Council so agree. If the Council so finds, it shall direct the Chairman not to disclose the said document or part thereof, except to Council members, the Council staff, parties determined pursuant to 980 CMR 1.05(2), and other governmental agencies concerned with matters raised by the relevant proceeding. The Council shall further direct the Chairman to require such persons and agencies not to disclose such information.

(4)Temporary Protection: Withdrawal. Pending a decision on a petition pursuant to 980 CMR 4.04(2), the Council shall temporarily protect a document and treat it as if it were entitled to be kept completely confidential.

Any applicant for a Certificate may submit a document to the Council for the sole purpose of determining whether it is entitled to protection by so stating and petitioning at the time of submission. The applicant may then withdraw the document immediately after the Council's decision; in the event of withdrawal, the Council may not reveal the inforaiation in the document or consider it for any purpose.

if the Council finds that a document shall be protected and if the document is not withdrawn, the Council shall be bound by any subsequent judicial decision pursuant to M.G.L. c. 66, § 10, that the document must be made public.

980 CMR, § 4.04