NorAm Gas Transmission Company

Fourth Revised Volume No. 1

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Effective Date: 02/01/1995, Docket: RP94-343-000, Status: Effective

Original Sheet No. 273 Original Sheet No. 273 : Superseded

 

 

TERMS OF PROTECTIVE AGREEMENT

(continued)

 

10. Protected materials shall not include any information

or document contained in the public files of the Commission or

any other federal or state agency, or any federal or state

court (if not subject to a protective order in such

proceeding). Protected materials also shall not include

information which is public knowledge or which becomes public

knowledge as a result of publication or disclosure by

Transporter.

 

11. Nothing in this Protective Agreement shall preclude

any party or participant from requesting the Presiding Judge,

the Commission, or any other body having appropriate authority

to find that this Agreement should not apply to all or any part

of any materials previously designated as protected materials

pursuant to this Agreement.

 

12. If any party or participant contests the designation

of any materials as protected, this Protective Agreement shall

cease to apply to such material fifteen (15) business days

after the objection is filed with the Commission unless any

party, within the fifteen (15) business day period, responds

and asserts that the materials should continue to be protected.

Any objection to the designation of protected materials, and

any response to the objection, shall be filed in writing with

the Commission and delivered to NGT or the objector, as

applicable, and their counsel on the date of filing unless

otherwise ordered by the Presiding Judge. The Presiding Judge

shall resolve any disputes arising under this Paragraph 12. If

the Presiding Judge finds that the materials at issue are not

confidential, the procedures of Paragraph 7 shall apply.

 

13. To the extent that protected materials are discussed,

analyzed, or otherwise the subject of consideration during any

conference or other session held in connection with the

proceedings described in Paragraph 3, above, only reviewing

parties who qualify under the terms of this Agreement may be

present.