File a motion for protective treatment for supplier, broker and gas retail agent applications

All documents in the possession of the DPU are considered to be public records. 220 CMR 1.04(5)(e). If you want to keep information confidential, you must file a motion for protective treatment of confidential information. If you do not file a motion, the DPU may make the information available to the public without further notice.

A motion for protective treatment of confidential information must be filed by an attorney and contain the following:

1. The time period for which you seek confidential treatment. Generally, the DPU only grants motions that request confidential treatment for 3 to 5 years. At the end of that time period, you may submit a new motion requesting to extend the length of the confidential treatment. The DPU will generally not grant motions requesting confidential treatment in perpetuity.
2. The reason you are providing the record to the DPU, and the date of submittal.
3. A precise description of the information that you want to protect.
4. The reasons for the claim of confidentiality, including proof that an exemption to public disclosure applies. A general statement that the information is competitively sensitive is not sufficient to meet the DPU’s standard of review.
5. Proof of the harm of public disclosure.
6. The extent to which the record or its contents has been disclosed to other persons or to federal, state and local agencies, including the status of any requests for confidentiality.
7. A certification that, to the best of your knowledge, information and belief, the information is not available in the public domain.

You must also submit:

1. an unredacted copy of the materials for which you seek protection.  The unredacted copy should be submitted in a sealed envelope, clearly marked with the words “CONFIDENTIAL” on the outside of the envelope as well as on each page of the materials.
2. a redacted (or public) copy of the materials marked “REDACTED.”  The DPU will make the redacted copy available to the general public. Redactions on the public copy of the materials must be selective. You may not redact entire exhibits or pages of information. Further, you may only redact information that has been proven as confidential in the motion.