65- 407 C.M.R. ch. 130, § 6
The combined effect of 35-A M.R.S.A. §710(5), M. R. Civ. P. 26(b), M. R. Evid. 501, 1 M.R.S.A. §402(3)(A) &(B), and Moffett v. City of Portland, 400 A.2d 340 (Me. 1979), results in the extension of a privilege of confidentiality to certain information related to utility accident investigations.
Accident reports submitted by utilities pursuant to Sections 3.1 and 3.2 of this rule, and resulting Commission orders and recommendations, are not admissible in any civil action for damages arising out of such accidents.
Oral and written accident reports submitted pursuant to Sections 3.1 and 3.2 of this rule are privileged from disclosure from discovery and under the Freedom of Access Law, upon objection to disclosure by the utility.
The Commission's final orders and recommendations will routinely be made available to the public with no prerequisite showing required.
All other accident investigation information will initially be protected from disclosure until notice and opportunity to be heard have been provided to the utility. The Commission will generally disclose any staff-generated documents that do not contain a recitation of information in a protected accident report or other protected documents. The Commission may disclose all or part of any other documents or information obtained by the Staff from a utility, that would otherwise be discoverable under the rules of civil procedure. The Commission will give due consideration to the standards for protection of trial preparation materials, as provided in Rule 26(b)(3), M. R. Civ. P.
The Commission hereby delegates its authority to allow or prohibit disclosure of accident investigation information subject to the guidelines in this section to the General Counsel or the Hearing Examiner, if one has been assigned. This delegation in no way limits the Commission's authority to review the decision of the General Counsel or Hearing Examiner or to consider requests for disclosure directly. The General Counsel or Hearing Examiner shall issue all decisions on disclosure in writing, and shall place the original in the accident investigation file and shall forward copies to all interested parties.
65- 407 C.M.R. ch. 130, § 6