Section PSC 2.12 - Confidential handling(1) APPLICABILITY. (a) In this section, "record" has the meaning given in s. 19.32(2), Stats.(b) This section applies to requests for confidential handling of records filed with the commission.(2) RESPONSIBILITY FOR ESTABLISHING CONFIDENTIALITY. The burden of establishing the need for confidential handling of any record shall be on the person making the request.(3) REQUEST. (a) A person may request confidential handling of any record on one of the following grounds: 1. The record contains trade secrets, as defined in s. 134.90(1) (c), Stats.2. The record contains information, which would aid a competitor of a public utility in competition with the public utility making the request, as provided under s. 196.14, Stats.3. The record is an accident report under s. 196.72, Stats.4. The record is protected business information, under s. 196.795(9), Stats.5. The record may otherwise be exempt from disclosure under the Public Records Law, ss. 19.31 to 19.39, Stats.(b) A person requesting confidential handling of a record shall submit the record, along with an affidavit containing all of the following: 1. The name and address of the person making the request.2. The name and position of the individual filing the request on the person's behalf.3. An accurate and complete summary of the contents of the record.4. How the record satisfies one of the criteria specified in par. (a). (4) PARTIAL CONFIDENTIALITY. If only portions of a record are eligible for confidential handling, a person requesting confidential treatment shall submit an unredacted copy of that portion and a redacted copy of the record, omitting the confidential information.(5) DETERMINATION. (a) The commission shall grant or deny a request no later than 30 days after the request is filed. The commission may request additional information in support of the request during that time.(b) The commission shall grant a request if the commission determines that there is a reasonable basis to conclude that the record, or portion of a record, is exempt from disclosure under one of the grounds listed in sub. (3) (a).(c) A determination to confidentially handle a record under this section is not a determination that the record is exempt from disclosure under the Public Records Law. A determination under this section has only the effect of identifying the record as possibly exempt, in order that the record may be confidentially handled within the commission.(d) The commission shall make its determination in writing and post on its Internet website a list of all determinations made under this section and may provide any other notice it considers to be appropriate.(6) INTERIM CONFIDENTIAL STATUS. A record submitted with a request for confidential handling will be confidentially handled during the period the commission is considering the request and, if the commission denies the request, until 14 days after the issuance of the determination. The commission may not take regulatory action based on the record in a docket during the time it is considering a request under this subsection. If the commission grants confidential status to the record, it shall, prior to taking regulatory action based on the record in a docket, permit a party to that docket to review the record and, prior to the review, may order any protective measures necessary to protect the trade secrets of parties and other information entitled to confidentiality protection.(7) PROCEEDINGS. (a) This subsection applies to requests to confidentially handle a record submitted in the course of a proceeding, including, but not limited to, a response to a staff data request, pre-filed testimony and evidence offered or identified during a hearing.(b) In a proceeding, parties shall make their requests in the form of a motion.(c) During the hearing in a proceeding, the following apply: 1. The person making the request may offer the information called for in sub. (3) through testimony, rather than by affidavit.2. The administrative law judge may hear the request in camera.3. The administrative law judge may make a determination on the record, rather than in writing.4. The administrative law judge shall make a determination as soon as practicable, but in no event later than 30 days after the making of the request.(d) In a proceeding the commission shall, and during the hearing in a proceeding the administrative law judge shall, permit a party or its representative to review the record and participate in any in camera proceedings, and may order any protective measures necessary to protect the trade secrets of parties and any information entitled to confidentiality protection.Wis. Admin. Code Public Service Commission PSC 2.12
CR 00-187: CR Register June 2002 No. 558, eff. 7-1-02.A person may request at any time that a record submitted under this section be disclosed under the Public Records Law, whether or not the person has participated in any of the determinations, or agreed to any of the protective measures, under this section.