Rule 67-243chgs.doc

IDAPA 31TITLE 01Chapter 01

31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION

067. INFORMATION EXEMPT FROM PUBLIC REVIEW--DEFINITIONS--FORM--PROCEDURES (Rule 67).

01. Definitions. ( )

a. “Trade secrets” filed with the Commission are exempt from public inspection, examination and copying pursuant to Section 9-340D, Idaho Code. Trade secrets means information, including a formula, pattern, compilation, program, computer program, device, method, technique, process, or unpublished or in progress research that: ( )

i. Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use; and ( )

ii. Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. ( )

b. “Confidential information” means information, documents, or records filed with the Commission that are specifically exempt from public inspection, examination and copying pursuant to Sections 9-340A through 9-340F, Idaho Code. ( )

02. No changes to this subsection

03. No changes to this subsection

04. No changes to this subsection

(BREAK IN CONTINUITY OF SECTIONS)

243. HOW HEARINGS ARE HELD (Rule 243).

01. All Hearings Presumed Open. All hearings conducted by the Commission are open to the public except when a hearing may be partially closed to safeguard trade secrets or other confidential information protected from public disclosure. If parties intend to cross-examine or offer testimony that may necessitate the partial closure of a hearing, they shall advise the Commission or presiding officer at the beginning of the hearing or as soon thereafter as practical. The Commission disfavors closed hearings and parties shall take all reasonable measures to avoid the need to close a public hearing. Such measures include: (7-1-93)( )

a. Using references to page and line or column numbers; ( )

b. Using summaries or generalizations; ( )

c. Stipulating that the evidence be offered in the public hearing; or ( )

d. Offering testimony in writing. ( )

02. Methods of Conducting Hearings. Hearings may be held in person or by telephone or television or other electronic means, if each participant to the hearing has an opportunity to participate in the entire proceeding while it is taking place. (7-1-93)( )