| (e) Toll project entities anticipating the OAG's review of a CDA that may contain novel or uncommon characteristics or transactions that could be likely to require variance from these requirements are required to contact the OAG to discuss the possible variances prior to submission of the transcript of proceedings. (f) The transcript requirements described by this section may be waived or modified by the OAG, in its sole discretion, to the extent the OAG is satisfied that the OAG can issue an appropriate legal sufficiency determination. (g) The transcript of proceedings and other information submitted to the OAG by a toll project entity are subject to the Texas Public Information Act, Chapter 552 of the Texas Government Code ("the Act"). All transcripts and other information shall be presumed to be subject to disclosure unless a specific exception to disclosure under the Act applies. If it is necessary for a toll project entity to include proprietary or otherwise confidential information in its submission, that particular information should be clearly identified and reference shall be made to the specific exception to disclosure in the Act. A blanket claim that the entire transcript is protected from disclosure because it may contain some proprietary information is not acceptable, and will not render the entire transcript confidential. Any information, which is not clearly identified as proprietary or confidential shall be deemed to be subject to disclosure pursuant to the Act. |
