1. (1) An applicant may designate information it submits to the Commission as confidential or highly confidential pursuant to the procedures set forth in Section R746-1-601.

2. (2) To the extent an applicant believes it necessary to restrict access to sensitive information from persons otherwise entitled to review confidential or highly confidential information under Section R746-1-602, the applicant may designate information as regulator access only by:

   1. (a) placing the information on a document with a pink background;
   2. (b) highlighting the information with shading, text boxes, borders, asterisks, or other conspicuous formatting; and
   3. (c) including the following designation on each page containing the commercially sensitive information: "Regulator Access Only -- Highly Confidential -- Subject to Utah Public Service Commission Rule 746-318-103."

3. (3) An applicant that files a document containing information designated as regulator access only shall:

   1. (a) file a redacted version for public access and
   2. (b) ensure that the line numbering and formatting in the redacted version match, as closely as practicable, that appearing in the unredacted version.
4. (4) Information an applicant designates as regulatory access only shall be treated as confidential or highly confidential information for purposes of applying the sections of Rule R746-1 that refer to confidential or highly confidential information except the categories of persons entitled to receive or review the information enumerated in Section R746-1-602.

5. (5) Only the following persons are entitled to receive and review information the applicant designates as regulator access only:

   1. (a) the Commission, including its counsel, staff, and the independent consultant retained as contemplated by Subsection 54-26-901(1)(b);
   2. (b) the Division of Public Utilities, Utah Department of Commerce, including its counsel, staff, and any independent consultant it retains as contemplated under Subsection 54-26-901(5)(a); and
   3. (c) the Office of Consumer Services, Utah Department of Commerce, including its counsel, staff, and any independent consultant it retains as contemplated under Subsection 54-26-901(5)(a).

6. (6)(a) A qualified electric utility or other intervenor may challenge an applicant's designation of information as regulator access only consistent with Section R746-1-604 and may propose alternative protections it believes are adequate to protect the commercially sensitive information, including restricting access to persons who execute non-disclosure agreements, as contemplated under Section R746-1-602.

   1. (b) To the extent the applicant wishes to restrict the challenging party's access to the information, notwithstanding its proposed alternative protections, the applicant bears the burden of demonstrating that access could be used to the competitive disadvantage of the applicant.
7. (7) A rebuttable presumption exists that the following categories of information are commercially sensitive and appropriately designated regulator access only: credit terms, pricing terms, and other commercial terms related to implementing pricing and credit terms.
8. (8) A rebuttable presumption exists that a qualified electric utility may receive and review the following categories of information: the specific locations of both the load and generation; size of the load; size of the generation; the resource type of the generation; the contract duration; the parties' present or future intent to interconnect the load or generation to the grid; and the existence of utility service at the site.

KEY: public utilities, large-scale electric service requirements

Date of Last Change: January 1, 2026

Authorizing, and Implemented or Interpreted Law: 54-26-302(5); 54-26-503(3); 54-26-504(4); 54-26-901(1)(a)