What are the requirements for submitting confidential of restricted files?
Posted on Apr 16, 2025 in- A Motion for Protective Order must be filed and a protective order issued before a confidential or restricted files maybe submitted. See requirements below for details.
- Confidential or Restricted files should be in two separate filing.
- The first non-confidential filing should include the redacted complete documents.
- The confidential filing should be 1 pdf file that includes:
- An identifier sheet with the Title “CONFIDENTIAL UNDER PROTECTIVE ORDER” or “RESTRICTED”, Date Submitted, Docket Number, Company Name, Project Name/Subject of Filing, and Protective Order Number.
- The unredacted confidential pages on Light Yellow paper, with “CONFIDENTIAL UNDER PROTECTIVE ORDER” or “RESTRICTED” and the Docket number stamped on each page, and the confidential texted highlighted in light grey.
Requirements to File Confidential Documents
In order for a party to designate information as confidential, a Commission-issued Protective Order must first be in place. Confidential information refers to information that is protected from public disclosure pursuant to HRS Chapter 92F, the Uniform Information Practices Act (UIPA). Consistent with the UIPA, confidential information must be supported by a description which: (1) identifies in reasonable detail the information’s source, character, and location; (2) states clearly the basis for the claim of confidentiality; and (3) describes, with particularity, the cognizable harm to the filing party from any misuse or unpermitted public disclosure of the information. This description should be included with the filing. Information that is designated as confidential is served on the Commission and other parties and participants to the docket, but cannot be viewed by the public. Confidential information that is filed with the Commission should be accompanied by a public version of the document with the confidential information redacted.
Requirements to File Restricted Documents
In order for a party to designate information as restricted, a Commission-issued Protective Order must first be in place that provides for the designation of both confidential and restricted information. Restricted information refers to information that is protected not only from public disclosure, but also from certain parties and/or participants to the docket. Restricted information