23 CAR § 469-106. Information subject to disclosure

(a) Pursuant to Arkansas Code § 23-18-1416, proprietary information contained in a wind energy facility or wind energy facility expansion permit application or in documents submitted in support of the permit application to the Arkansas Public Service Commission or documents used by the Arkansas Public Service Commission to evaluate and approve or deny a permit application shall remain confidential and is not subject to disclosure to the public under the Arkansas Wind Energy Development Act, Arkansas Code § 23-18-1416 et seq., the Freedom of Information Act of 1967, Arkansas Code § 25-19-101 et seq., or any other law. (b) Regarding records that are protected pursuant to Arkansas Code § 23-18-1416, if it becomes necessary to file records with the Arkansas Public Service Commission, provide records to the General Staff of the Arkansas Public Service Commission, or provide records to a party to an Arkansas Public Service Commission proceeding pursuant to this part, any such records shall be filed or provided in the same manner as information submitted pursuant to a protective order issued by the Arkansas Public Service Commission pursuant to the Rules of Practice and Procedure, 23 CAR pt. 462. (c) Any party may contest a claim of confidentiality of the records submitted by written motion within five (5) days of the filing of the records or may contest continuing entitlement to protection in accordance with the Rules of Practice and Procedure, 23 CAR pt. 462. (d) Challenge of the status of any record claimed as protected shall be pursuant to the Rules of Practice and Procedure, 23 CAR § 462. (e) Disclosure of records provided as confidential pursuant to this section will be limited to those persons who sign an affidavit of nondisclosure in the form prescribed by the Arkansas Public Service Commission. (f) Affidavits of nondisclosure signed pursuant to this section shall comply with the requirements contained in the Rules of Practice and Procedure, 23 CAR pt. 462. (g) Any Arkansas Public Service Commission employee or agent participating in any inspection of wind energy facility or wind energy facility expansion records that are protected pursuant to statute or Arkansas Public Service Commission order shall execute an affidavit of nondisclosure pursuant to the Rules of Practice and Procedure, 23 CAR § 462, in the form prescribed by the Arkansas Public Service Commission. (h) Any Arkansas Public Service Commission employee or agent investigating any informal (undocketed) complaint that involves wind energy facility or wind energy facility expansion records that are protected pursuant to statute or Arkansas Public Service Commission order shall execute an affidavit of nondisclosure pursuant to Proceedings, 23 CAR § 462-401 et seq., in the form prescribed by the Arkansas Public Service Commission. (i) Affidavits of nondisclosure executed regarding an inspection or informal (undocketed) complaint shall be filed in the docket that granted the wind energy facility or wind energy facility expansion applicant its permit to construct, operate, or redevelop the facility or the Arkansas Public Service Commission may open a docket in which the affidavits of nondisclosure may be filed. (j) A party may request an interim protective order pursuant to Proceedings, 23 CAR § 462-401 et seq., for confidential information not covered by this section.