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TITLE 16ECONOMIC REGULATION
PART 2PUBLIC UTILITY COMMISSION OF TEXAS
CHAPTER 25SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS
SUBCHAPTER KRELATIONSHIPS WITH AFFILIATES
RULE §25.271Foreign Utility Company Ownership by Exempt Holding Companies

to continue certification, it may inform the SEC that maintaining a previously-issued certification would be inappropriate.

  (3) The commission shall notify the holding company requesting the certification or retention of certification of its decision within 45 days of receiving the request. If no action is taken by the commission within 45 days of receiving the request, the certification shall be deemed granted or affirmed.

  (4) Any information submitted by a holding company pursuant to this section may be submitted by the holding company under seal. Each page tendered under seal shall have the words "Confidential Information" typed or stamped on its face. The holding company shall clearly identify each portion of the application alleged to be Confidential Information; identify the exemption to the Public Information Act, Texas Government Code Annotated, Chapter 552 (Vernon Supp. 1998), applicable to the alleged Confidential Information; and provide a detailed explanation of why the alleged Confidential Information is exempt from public disclosure under the Public Information Act. If the commission receives a Public Information Act request for disclosure of Confidential Information, then the Executive Director shall promptly so notify the holding company. The Executive Director shall timely request an Attorney General's opinion as to whether the information falls within any of the exemptions identified in Subchapter C of the Public Information Act. The Executive Director shall promptly provide to the holding company a copy of an Attorney General opinion regarding the claim of confidentiality. If an Attorney General opinion recommends disclosure of Confidential Information, either in whole or in part, then the Executive Director shall not release such information for ten calendar days, in order to allow the holding company time to pursue any legal remedies that it may have. The holding company may require the execution of an appropriate confidentiality agreement prior to providing access to such confidential information to the Legal Division of the Office of Regulatory Affairs or other interested party. The form of any such confidentiality agreement shall be approved by the Legal Division prior to filing and included with the informational filing.


Source Note: The provisions of this §25.271 adopted to be effective April 15, 1999, 24 TexReg 2926

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