Authority: IC 8-1-1-3

Affected: IC 5-14-3; IC 8-1-2-29

Sec. 3. (a) If an electing utility believes that any information covered by this rule is confidential in accordance with IC 8-1-2-29 and IC 5-14-3, the electing utility may request confidential treatment under the provisions of 170 IAC 1-1.1-4.

(b) To the extent a confidentiality agreement that would cover documents provided as part of a proceeding under this rule is not already in place:

1. (1) the electing utility shall:

   1. (A) proffer to; or
   2. (B) request from;
2. the OUCC a proposed confidentiality agreement; and
3. (2) parties to a proceeding under this rule shall work together with reasonable speed to negotiate an acceptable confidentiality agreement in order to avoid delay in producing documents on which a claim of confidentiality is made.

(c) An acceptable confidentiality agreement under subsection (b) shall include procedures for the following:

1. (1) Requesting a determination from the commission that a document shall be considered confidential.
2. (2) Maintaining the confidentiality of the documents before a determination regarding confidentiality has been made by the commission.

(Indiana Utility Regulatory Commission; 170 IAC 1-5-3; filed Oct 28, 1998, 3:38 p.m.: 22 IR 721; errata filed Nov 22, 1999, 3:32 p.m.: 23 IR 812; readopted filed Nov 23, 2004, 2:30 p.m.: 28 IR 1315; filed Jul 31, 2009, 8:28 a.m.: 20090826-IR-170080670FRA; readopted filed Jun 9, 2015, 3:18 p.m.: 20150708-IR-170150103RFA; readopted filed Oct 7, 2021, 1:05 p.m.: 20211103-IR-170210349RFA; readopted filed Sep 12, 2025, 11:43 a.m.: 20251001-IR-170240381RFA)