1. (a) The commission shall grant a motion for confidential treatment and issue a protective order providing for the confidential treatment of one or more documents upon a finding that the document or documents are entitled to such treatment pursuant to RSA 91-A:5, or other applicable law, based upon the information submitted pursuant to (b) below.

2. (b) A motion for confidential treatment submitted pursuant to this rule shall contain:

   1. (1) The documents, specific portions of documents, or a detailed description of the types of information for which confidentiality is sought;
   2. (2) Specific reference to the statutory or common law support for confidentiality; and
   3. (3) A detailed statement of the harm that would result from disclosure and any other facts relevant to the request for confidential treatment.
3. (c) Documents submitted to the commission accompanied by a motion for confidential treatment shall not be disclosed to the public until the commission rules on the motion.

4. (d) In lieu of immediately filing a motion for confidential treatment, a party providing a document to the department, the OCA, or any other governmental entity in discovery that the party wishes to remain confidential shall accompany the submission with a written statement that:

   1. (1) The party submitting such documents has a good faith basis for seeking confidential treatment of the documents pursuant to this rule; and
   2. (2) Such party intends to submit a motion for confidential treatment regarding such documents pursuant to Puc 203.07(b).
5. (e) Documents submitted to the commission, the department, the OCA, or any other governmental entity accompanied by a written statement pursuant to (d) above shall be treated as confidential, provided that the party submitting the documents thereafter files a motion for confidential treatment pursuant to Puc 203.07(b).
6. (f) The commission shall maintain confidential copies in a secure location.
7. (g) If the commission grants a motion for confidential treatment, the confidential information shall not be subject to public disclosure, and the document shall be treated according to such conditions as the commission determines are necessary to preserve such confidentiality.
8. (h) If the commission denies a motion for confidential treatment or modifies a previously issued protective order so that information previously held confidential is no longer entitled to such treatment, the information shall not be disclosed until all rights to request rehearing and to appeal have been exhausted or waived.
9. (i) When necessary to protect the confidentiality of material entitled to such treatment under this section, the commission shall include in its protective order a directive that all parties receiving the material shall also treat it as confidential.
10. (j) The granting of a motion for confidential treatment shall be subject to the ongoing authority of the commission on its own motion, or on the motion of any party or member of the public to reconsider the determination.
11. (k) If any information entitled to confidential treatment under these rules is thereafter released or made public by the party who sought its protection, any confidential treatment shall cease with respect to the released information but shall remain in full force and effect as to the information not so released or made public.

Source. #2011, eff 5-4-82; ss by #2912, eff 11-26-84; ss by #4998, eff 11-26-90; ss by #6365, INTERIM, eff 11-18-96, EXPIRED: 3-18-97 New. #6559, eff 8-19-97, EXPIRED: 8-19-05 New. #8420, INTERIM, eff 8-23-05, EXPIRED: 2-19-06 New. #8657-A, eff 6-10-06 New. #14184, eff 1-24-25 (formerly Puc 203.08)