26 Del. Admin. Code § 3013-19.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 3013-19.0 - Other General Rules

19.1 Proprietary Information. Under Delaware's Freedom of Information Act, 29 Del. C. Ch. 100, all information filed with the Commission is considered of public record unless it contains "trade secrets and commercial or financial information obtained from a person which is of a privileged or confidential nature." 29 Del.C. § 10002(o). To qualify as a non-public record under this exemption, materials received by the Commission must be clearly and conspicuously marked on the title page and on every page containing the sensitive information as "proprietary" or "confidential" or words of similar effect. A redacted public version and an attestation that the information is not subject to public inspection or disclosure must accompany the information filed. The Commission shall presumptively deem all information so designated to be exempt from public record status. However, upon receipt of a request for access to information designated proprietary or confidential, the Commission may review the appropriateness of such designation and may determine to release the information requested. Prior to such release, the Commission shall provide the entity which submitted the information with reasonable notice and an opportunity to show why the information should not be released.

19.2 Failure to Comply with 26 DE Admin. Code 3001 et seq.

19.2.1 The failure by any community energy facility to comply with the requirements in 26 DE Admin. Code 3013 and the requirements in other Sections of 26 DE Admin. Code 3001 et seq. may result in penalties, including monetary assessments, suspension, or revocation of the community energy facility's final certificate to operate, or other sanction as determined by the Commission.

19.2.2 If a community energy facility has a similar license issued by another state, the federal government, or PJM or similar entity suspended or revoked, the Commission may suspend or revoke the community energy facility's final certificate to operate after notice and an evidentiary hearing.

26 Del. Admin. Code § 3013-19.0

27 DE Reg. 987 (6/1/2024) (Final)