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Original Sheet No. 273 Original Sheet No. 273 : Superseded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