[Code of Federal Regulations]
[Title 18, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 18CFR1b.20]

[Page 13]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 1b_RULES RELATING TO INVESTIGATIONS--Table of Contents
 
Sec. 1b.20  Request for confidential treatment.

    Any person compelled to produce documents in an investigation may 
claim that some or all of the information contained in a particular 
document(s) is exempt from the mandatory public disclosure requirements 
of the Freedom of Information Act (5 U.S.C. 552), is information 
referred to in 18 U.S.C. 1905, or is otherwise exempt by law from public 
disclosure. In such case, the person making such claim shall, at the 
time said person produces the document to the officer conducting the 
investigation shall also produce a second copy of the document from 
which has been deleted the information for which the person wishes to 
claim confidential treatment. The person shall indicate on the original 
document that a request for confidential treatment is being made for 
some or all of the information in the document and shall file a 
statement specifying the specific statutory justification for non-
disclosure of the information for which confidential treatment is 
claimed. General claims of confidentiality are not sufficient. 
Sufficient information must be furnished for the officer conducting the 
investigation, or other appropriate official, to make an informed 
decision on the request for confidential treatment. If the person states 
that the information comes within the exception in 5 U.S.C. 552(b)(4) 
for trade secrets and commercial or financial information, the person 
shall include a statement specifying why the information is privileged 
or confidential. If the person filing a document does not submit a 
second copy of the document with the confidential information deleted, 
the Officer conducting the investigation may assume that there is no 
objection to public disclosure of the document in its entirety. The 
Commission retains the right to make the determination with regard to 
any claim of confidentiality. Notice of the decision by the 
investigating Officer or other appropriate official to deny a claim, in 
whole or in part, and an opportunity to respond shall be given to a 
person claiming confidentiality no less than 5 days before its public 
disclosure.