N.J. Admin. Code § 14:1-12.1

Current through Register Vol. 56, No. 24, December 18, 2024

Section 14:1-12.1 - Scope

(a) This subchapter sets forth the procedures for making information received by the Board of Public Utilities in administering its duties available to the public and maintaining confidentiality of certain parts of the information.

(b) Any person or entity required to submit or who does submit to the Board any information pursuant to Titles 48 and 52 of the New Jersey Statutes or Title 14 of the New Jersey Administrative Code, which in the person's or entity's opinion constitutes trade secrets, energy trade secrets or other energy information submitted pursuant to N.J.S.A. 52:27F-18, proprietary commercial or financial information, or information which if disclosed, would be likely to cause damage to either a competitive or bidding position or national security, may assert a confidentiality claim by following the procedures set forth in this subchapter.

(c) With regard to any determination related to a request for the confidential treatment of information, the provisions of N.J.A.C. 17:44-5.1, 5.2 and 5.4 shall be taken into consideration.

(d) This subchapter is only one of several legal mandates which govern the public release of information submitted to the Board. Because the Board is an agency in but not of the Department of Treasury, pursuant to N.J.S.A. 52:18A-2.1, the Board will apply the Department of Treasury's OPRA rules in addition to the provisions of this subchapter. In addition, some provisions of OPRA and other applicable statutes, which apply to the confidentiality of submitted information, may apply but are not repeated in these rules. Executive Orders No. 21 and 26 (2002) also apply to the Board's treatment of submitted information.

(e) Nothing in this subchapter shall limit the Board's authority to make a confidentiality determination within the context of a hearing or other proceeding or with regard to any other matter the Board may deem appropriate. Any confidentiality determination by the Board shall bind the custodian when reviewing confidentiality claims pursuant to this subchapter.

(f) The Board shall use the procedures in this subchapter to implement its authority under N.J.S.A. 52:27F-18d to make determinations regarding the confidentiality of energy trade secrets and other energy information submitted to the Board pursuant to N.J.S.A 52:27F-18d.

N.J. Admin. Code § 14:1-12.1

Amended by R.2008 d.79, effective 4/7/2008.
See: 39 N.J.R. 4551(a), 40 N.J.R. 1917(a).
In (b), inserted ", energy trade secrets or other energy information submitted pursuant to N.J.S.A. 52:27F-18,"; and added (f).
Amended by R.2013 d.103, effective 8/19/2013.
See: 45 N.J.R. 22(a), 45 N.J.R. 1965(a).
In (e), inserted the last sentence.