Confidential information

(1) A licensee and any interested parties may request confidential treatment for any commercially sensitive information submitted in a Review Proceeding. (2) When filing information, it deems to be confidential, the licensee or an interested party shall submit a petition for confidential treatment including the justification for such treatment, and shall clearly identify the information it deems to be confidential. (3) Only such information as is commercially sensitive shall be marked as confidential and, where only a portion of a document includes confidential information, an expurgated copy shall be filed with the full document. (4) Confidential information shall be treated confidentially unless, within five (5) days of receipt of the petition for confidential treatment, the PUC finds that the information is not commercially sensitive and so notifies the person who submitted the information in writing in which case, the person who submitted the information may withdraw the information forthwith instead of having it disclosed; and the information so withdrawn may not be considered by the PUC in making a determination or a decision. 142 Water Industry (5) The following shall apply to confidential information– (a) the information shall not be released to any party other than the PUC; and (b) the PUC shall return all but one copy of the confidential information submitted during the course of a proceeding to the person who submitted it and the copy that is retained shall be kept by the PUC in a confidential file which shall not be made available to the general (6) Every person who fails or refuses to comply with the treatment of confidential information as provided in these Byelaws, and deemed confidential by the PUC under paragraph (4) above, shall be guilty of an offence and liable on summary conviction to the penalty specified in byelaw 41 below unless he adduces evidence to show that he took all necessary and proper means in his power to secure the confidentiality of such