Ill. Admin. Code tit. 83 § 285.112

Current through Register Vol. 48, No. 42, October 18, 2024

Section 285.112 - Disclosure and Non-disclosure of Information

a) A utility providing information to the Director of the Financial Analysis Division or his/her designee under this Part may, when the information is filed, designate portions of that information as information for which it intends to seek a protective order.

b) Information that has been designated by a utility as that for which it intends to seek a protective order shall not be disclosed by Staff to any person outside the Commission other than representatives of the Illinois Attorney General pursuant to 15 ILCS 205/6.5(d) without utility permission, provided the utility requests a protective order for that information under 83 Ill. Adm. Code 200.430 by no later than the first status hearing in the rate case.

c) Information provided to Staff under this Part for which the utility has requested a protective order shall be treated by Staff as directed in the protective order or other order or decision issued in response to the utility's request for a protective order. Information provided to Staff under this Part, for which the utility has indicated it will request a protective order, but for which information no protective order is in fact requested by the first status hearing in the rate case, shall be treated by Staff as if the utility had not indicated it would seek a protective order.

d) The utility need not provide information to Commission Staff pursuant to this Part that is protected from disclosure by Illinois Supreme Court Rule 201(b)(2). However, in any case in which a utility withholds information otherwise required to be provided by this Part, by reason of assertion of a privilege, it shall provide a description of the information and a description of the basis for the assertion of the privilege claim.

e) Subject to the above limitations, Commission Staff is hereby authorized to prepare, from information provided under this Part, material for introduction into the record of any rate case and to disclose that information in connection with discharge of its responsibilities under the Act.

Ill. Admin. Code tit. 83, § 285.112

Amended at 38 Ill. Reg. 7598, effective March 20, 2014