D.C. Mun. Regs. tit. 15, r. 15-151

Current through Register 71, No. 45, November 7, 2024

Rule 15-151 - CRITICAL INFRASTRUCTURE INFORMATION

151.1

If a party or an intervenor makes a request for information from a public utility company ("Company") during the course of a Commission investigation or proceeding and the Company objects to the production of the requested information because it deems the requested information to be "critical infrastructure information" ("CII"), and the requesting party files a motion to compel the production of the requested information, the following procedures shall be applied:

(a) Within five (5) days from the date that a motion to compel disclosure of the information is filed, the Company shall file with the Office of the Commission Secretary a confidential filing that identifies the materials that it deems to be "critical infrastructure information" ("CII") for which it is seeking privileged material protection. The filing shall contain the following information:

(1) A sealed copy of the requested information for the Commission's inspection in camera or, a description of the information requested and an explanation for why the information is not being filed at this time;

(2) An explanation of the internal measures that are currently in place to protect the requested information;

(3) A statement of whether the information is currently being provided to any non-company personnel and, if so, to whom and under what circumstances;

(4) A statement of whether any special level of security clearance is required to view all or a portion of the requested information;

(5) A copy of a Non-Disclosure Agreement setting out the terms and conditions under which the requested information would be provided, or an explanation of why a Non-Disclosure Agreement would not suffice to protect the requested information and no Non-Disclosure Agreement is being provided;

(6) An explanation of the alternative controls, if any, pursuant to which the Company would make available the requested information;

(7) Any other information that the Company believes is relevant to its request to protect the requested information; and

(8) A sworn affidavit signed by an Executive Officer of the Company attesting to the information being submitted.

(b) The Company shall also file in the Office of the Commission Secretary a public version of its filing with a notation and shall serve a copy of its filing on the requesting party.

(c) Within five (5) days of receiving the Company's filing, the requesting party shall file a response with the Office of the Commission Secretary. The response shall contain the following information:

(1) The name of the requesting party and the names, titles and company affiliations of each person who would be granted access to the requested information;

(2) The reason(s) that the requested information is needed, including why it is relevant and material to the subject matter of the investigation or the proceeding at the Commission;

(3) The reason(s) why the requesting party should be granted access to the requested information, including whether the requesting party has any requisite security clearance, if applicable;

(4) Whether the requesting party is prepared to sign the Non-Disclosure Agreement provided by the Company and if not, why not;

(5) Whether the requesting party is prepared to accept the alternative controls identified by the Company for the receipt of the requested information;

(6) Any additional information that the requesting party believes is relevant to the request for the information; and

(7) An affidavit from the head of the organization of the requesting party attesting to the information in the response.

(d) If the response contains confidential information, the requesting party shall file a confidential and a public version of the response.

151.2 Within five (5) days after the requesting party has filed its response, either the Company or the requesting party may file a motion requesting an evidentiary hearing. The party making the request shall list in its motion each and every fact in dispute requiring resolution and the reasons therefore. Responses to the motion shall be filed within five (5) days after the motion has been filed.

151.3

The Commission will review the filings made pursuant to §§ 151.1 and 151.2 and conduct an in camera review of the information that has been submitted. The Commission may request additional information from the Company or the requesting party, such information to be provided at the Commission's option through additional affidavits, through proffers by counsel, or in an evidentiary hearing.

151.4

Within ten (10) days of the receipt of all filings, including supplemental filings where required, the Commission shall issue an order that contains the following determinations:

(a) Whether the Company has met its burden of proving that the requested information is CII and subject to the rules and procedures under Section 151;

(b) If the requested information is deemed CII, whether the Company has justified the restrictions, if any, that it has requested for the disclosure of the information to the requesting party;

(c) If the requested material is CII, whether the requesting party has justified its need for the requested information in light of the sensitivity of the information and has demonstrated that it is eligible to receive the requested information; and

(d) If the Commission determines that a protective order is necessary for the disclosure of the CII, the conditions to be placed on the release of the information.

151.5

Any person may file an application in writing requesting a reconsideration or modification of the matters involved pursuant to the rules for reconsideration set forth in Section 140 of Chapter 1 of the Commission's rules, except that any application for reconsideration or modification shall be filed within ten (10) days after the issuance of the order or decision.

151.6

If a person that is not a party in an investigation or proceeding before the Commission makes a request of the Commission for information received from a Company that has been deemed CII, or that may be CII, the request shall be handled pursuant to the procedures for a Freedom of Information Act Request as set forth in Chapter 7 of the Commission's rules.

D.C. Mun. Regs. tit. 15, r. 15-151

Final Rulemaking published at 61 DCR 854 (January 31, 2014)

Authority: D.C. Official Code § 34-802 (2001 ed.); D.C. Official Code § 2-505 (2001 ed.).