54-63.1-06. Clean sustainable energy program - Access to records

54-63.1-06. Clean sustainable energy program - Access to records 1. To the extent the commission or authority determines the materials or data consist of trade secrets or commercial, financial, or proprietary information of individuals or entities applying to or contracting with the commission or receiving commission services under this chapter, materials and data submitted to, made by, or received by the commission or authority, are not public records subject to section 44-04-18 and section 6 of article XI of the Constitution of North Dakota, and are subject to section 44-04-18.4. 2. A person or entity may file a request with the commission to have material designated as confidential under subsection 1. The request must contain any information required by the commission and must include at least the following: a. A general description of the nature of the information sought to be protected. b. An explanation of why the information derives independent economic value, actual or potential, from not being generally known to other persons. c. An explanation of why the information is not readily ascertainable by proper means of other persons. d. A general description of any person that may obtain economic value from disclosure or use of the information, and how the person may obtain this value. e. A description of the efforts used to maintain the secrecy of the information. 3. Any request under subsection 2 is confidential. The commission shall examine the request and determine whether the information is relevant to the matter at hand and is a trade secret under the definition in section 47-25.1-01 or 44-04-18.4. If the commission determines the information is either not relevant or not a trade secret, the commission shall notify the requester and the requester may ask for the return of the information and the request within ten days of the notice. If no return is sought, the information and request are public record. 4. The names or identities of independent technical reviewers on a project or program are confidential, may not be disclosed by the commission, and are not public records subject to section 44-04-18 or section 6 of article XI of the Constitution of North Dakota.