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

(Continued)

 

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.