[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: 18CFR270.506]

[Page 720]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 270_DETERMINATION PROCEDURES--Table of Contents
 
   Subpart E_Commission Review of Jurisdictional Agency Determinations
 
Sec. 270.506  Confidentiality.

    (a) Except as provided in paragraph (b) of this section, the 
Commission will accord confidential protection to, and not disclose to 
the public, any information submitted by a jurisdictional agency under 
Sec. 270.204, if:
    (1) The jurisdictional agency, on its own motion or on request of 
the applicant, afforded such information confidential treatment before 
the jurisdictional agency; and
    (2) The agency order or the applicant's request stated grounds for 
confidential treatment which fall within one of the exemptions described 
in paragraphs (1) through (9) of 5 U.S.C. 552(b).
    (b) Upon receipt of a request for disclosure of information treated 
as confidential under paragraph (a) of this section, the Commission will 
determine in accordance with 5 U.S.C. 552 whether the information is 
exempt. 5 U.S.C. 552(b). If it determines the information is not exempt, 
the information will be made public. If it determines the information is 
exempt, the Commission will not make it public unless determines that 
its conduct of the proceeding to review the jurisdictional agency 
determination requires making such information available to the public 
or to particular parties, subject to conditions (including a protective 
order) as the Commission may prescribe. Before making any information 
public under this paragraph, the Commission will provide at least 5 days 
notice to the person who submitted the information.

[[Page 721]]