1. (1) Statutory provisions limit or prevent disclosure of certain information provided to the board. This rule addresses how to designate documents as containing exempt or confidential information when filing with the board. WAC 461-08-476 governs access to, and exchange of, such information in proceedings before the board. Chapter 198-14 WAC governs ELUHO's process for responding to requests for public records.

2. (2) Definitions.

   1. (a) Document means any writing as the legislature has defined that term in the Public Records Act, chapter 42.56 RCW.
   2. (b) Confidential information means information properly designated as confidential pursuant to the Climate Commitment Act, chapter 70A.65 RCW, the Public Records Act, chapter 42.56 RCW, or any other provision of law.
   3. (c) Exempt information means information prohibited from disclosure under an exemption in the Public Records Act, chapter 42.56 RCW, the Climate Commitment Act, chapter 70A.65 RCW, or any other provision of law providing an exemption from disclosure.
   4. (d) Provider means any person who submits documents to the board under a claim that information contained therein is confidential or exempt.

3. (3) Filing confidential or exempt information with the board.

   1. (a) Any provider claiming that information provided to the board is confidential or exempt must make that claim in writing at the time of filing and must state the basis for the claim.
   2. (b) The provider must also file a cover sheet identifying that one or more documents in the filing contain information claimed as confidential or exempt.
   3. (c) Any provider claiming that a document contains confidential or exempt information must file a redacted and an unredacted version with the board.
   4. (d) If the claim applies to multiple pages within a document, the provider may file a single page in the redacted version identifying the contiguous pages that are subject to the claim. If the claim applies to a document in its entirety, the provider may file a single page as the redacted version identifying that the document in its entirety is confidential or exempt.
   5. (e) Unredacted versions must be filed by personal delivery, commercial delivery, fax, electronic mail, or first-class, registered, or certified mail. The provider should contact the board's staff for instructions on filing unredacted versions with the board.

4. (4) Designating information as confidential or exempt.

   1. (a) The provider must clearly designate information claimed to be confidential or exempt on each page of the unredacted version by outlining, underlining, bracketing, or marking the text with gray shading. The provider must clearly mark each copy of the document with the designation "Outlined/shaded/underlined/bracketed information is designated as confidential/exempt pursuant to (insert provision of law)" on the first page of a multipage document and on each specific page that the provider asserts a claim.
   2. (b) The provider must label the redacted version of the document as redacted. The provider must completely mask the information subject to the claim or leave a blank space where the information is located in the redacted version. To the extent practicable, the redacted and unredacted versions must have the same pagination and the text must appear on the same lines on each page.
   3. (c) When a document contains more than one type of information, the provider is responsible for distinguishing between information designated as confidential or exempt.
5. (5) Motion for protective order. When a provider designates and files documents under this rule and an applicable protective order has not been issued, the provider must file a motion for protective order at the time of filing the designated information.

[Statutory Authority: RCW 43.21B.170 and 90.58.175. WSR 25-12-064, s 461-08-381, filed 5/30/25, effective 6/30/25.]