| (a) Applicability of the Public Information Act. All
records, data, and information filed with the Commission are subject
to the Texas Public Information Act, Texas Government Code, Chapter
552. If the Commission receives a third party request for materials
that have been marked confidential pursuant to subsection (b) or (c)
of this section, the Commission will notify the filing party of the
request in accordance with the provisions of the Texas Public Information
Act so that the party can take action with the Office of the Attorney
General to oppose release of the materials.
(b) Filing confidential materials in a hearing before
the Hearings Division.
(1) A party filing material in a hearing before the
Hearings Division that the party contends to be confidential by law
shall file the materials with the Docket Services Section by delivering
them in a sealed and labeled container, accompanied by an explanatory
cover letter. The cover letter shall identify the docket number and
the style of the case, explain the nature of the sealed materials,
and specify the relief sought. The outside of the container shall
identify the docket number, the style of the case, the name of the
submitting party, and be marked "CONFIDENTIAL AND UNDER SEAL"
in bold print at least one inch in size. The front page of each portion
of confidential material shall be marked "confidential."
Confidential material shall not be filed by fax. A party who elects
to file confidential material electronically shall notify the Docket
Services Section prior to filing such material.
(2) A party may file a motion to seal the record if
it has filed confidential materials in accordance with paragraph (1)
of this subsection. In the motion, the party shall describe the materials
it contends to be confidential by law, indicate the specific provision
of law that exempts the material from disclosure, and request that
the examiner order the described materials to be sealed. The examiner
may, after consideration at hearing, order the described materials
to be sealed, subject to any determination by the Office of the Attorney
General and as further described in subsection (a) of this section.
(3) Confidential materials filed with the Hearings
Division will be retained until the contested case is no longer appealable
and in accordance with the Commission's retention policy.
(c) Filing confidential materials with the Commission
other than in a hearing.
(1) A party filing material with a division of the
Commission other than the Hearings Division that the party contends
to be confidential by law shall file the materials with the applicable
division by delivering them in a sealed and labeled container accompanied
by an explanatory cover letter. The cover letter shall explain the
nature of the sealed materials. The outside of the container shall
identify the name of the submitting party and be marked "CONFIDENTIAL
AND UNDER SEAL" in bold print at least one inch in size. The
front page of each portion of confidential material shall be marked "confidential."
Confidential material shall not be filed by fax. A party who elects
to file confidential material electronically shall notify the applicable
division prior to filing such material.
(2) Confidential materials filed under this subsection
will be retained in accordance with the Commission's retention policy.
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