Centerpoint Energy Gas Transmission Company
Sixth Revised Volume No. 1
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Effective Date: 02/28/2003, Docket: RP03-239-000, Status: Effective
Original Sheet No. 521 Original Sheet No. 521 : Effective
TERMS OF PROTECTIVE AGREEMENT
if access is terminated as described above, every person who has agreed to
this certification shall continue to be bound by the provisions of this
Agreement and the certification.
6. After any period of discovery (formal or informal) in the
proceedings described above has been completed, this Protective Agreement
shall continue in force and effect and any protected materials reviewed or
acquired pursuant to this Agreement shall remain confidential subject to
further order of the Presiding Judge, as specified below. All evidence,
briefs or other submissions which include, incorporate, utilize, refer to, or
use in any manner the protected materials shall be filed and served in sealed
envelopes or other appropriate containers endorsed to the effect that they are
sealed pursuant to this Agreement. Examination of a witness concerning the
protected materials shall be conducted in camera, closed to all parties except
the party furnishing the protected materials, counsel of record for the
reviewing parties, and any persons who qualify under Paragraphs 4 and 5, and
transcripts of the closed hearings shall be stored in sealed envelopes or
other appropriate containers endorsed to the effect that they are sealed
pursuant to this Agreement.
7. If a Presiding Judge finds at any time in the course of the
proceedings described in Paragraph 3, above, that all or part of the protected
materials are not confidential, those materials shall, nevertheless, be
subject to the protection afforded by this Protective Agreement for fourteen
(14) days from the date of issuance of the Presiding Judge's decision. None
of the parties or participants waives its rights to seek additional
administrative or judicial remedies after the Presiding Judge's decision or
the Commission's denial of any appeal.
8. All copies of all documents reflecting protected materials,
including the portion of the hearing testimony, exhibits, transcripts, briefs
and other documents which refer to protected materials, shall be sealed with a
copy of this Protective Agreement attached, except when they are being used by
authorized persons as defined by this Agreement.
9. Nothing in this Protective Agreement shall be construed as
precluding any party from objecting to the providing, disclosing or using of
protected materials on any legal grounds other than confidentiality.