26 Del. Admin. Code § 3008-5.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 3008-5.0 - Miscellaneous

5.1 Under Delaware's Freedom of Information Act, 29 Del.C. Ch. 100, all information filed with the Commission is considered of public record unless it contains "trade secrets and commercial or financial information obtained from a person which is of a privileged or confidential nature." 29 Del.C. § 10002 (d)(2). To qualify as a non-public record under this exemption, materials received by the Commission must be clearly and conspicuously marked on the title page and on every page containing the sensitive information as "proprietary" or "confidential" or words of similar effect. The Commission shall presumptively deem all information so designated to be exempt from public record status. However, upon receipt of a request for access to information designated proprietary or confidential, the Commission may review the appropriateness of such designation and may determine to release the information requested. Prior to such release, the Commission shall provide the entity that submitted the information with reasonable notice and an opportunity to show why the information should not be released.

5.2 Any End-Use Customer, CREC, Eligible Energy Resource, potential Eligible Energy Resource, Qualified Fuel Cell Provider Project or other interested party to which this Regulation may apply may file a complaint with the Commission pursuant to the Rules of Practice and Procedure of the Delaware Public Service Commission.

5.3 The failure to comply with this Regulation may result in penalties, including monetary assessments, suspension or revocation of eligibility as an Eligible Energy Resource, or other sanction as determined by the Commission consistent with 26 Del.C. § 205 (a), § 217, and § 1019.

26 Del. Admin. Code § 3008-5.0

10 DE Reg. 151 (07/01/06)
11 DE Reg. 1670 (06/01/08)
14 DE Reg. 1241 (05/01/11)
15 DE Reg. 1625 (05/01/12)
16 DE Reg. 790 (01/01/13)
22 DE Reg. 525 (12/1/2018)
24 DE Reg. 1014 (5/1/2021) (Final)