Sec. 1. 35-A MRSA §1311-A, sub-§1, ¶¶C to F, as enacted by PL 1997, c. 691, §5 and affected by §10, are amended to read:

C. The party requesting a protective order bears the burden of demonstrating the need for protection. The commission may partially and temporarily grant a request for a protective order, consistent with the provisions of paragraph D, to expedite the release of confidential information to certain parties, but the party seeking protection bears the burden of demonstrating that release of the information to other parties should be restricted. The party requesting a protective order may ask the commission to determine whether any party or its representatives have financial interests or other conflicts that make the release of confidential information to that party harmful to the public interest.__The commission may require parties and their representatives seeking access to confidential information to disclose any financial interests they have that may be affected by the case at hand or other cases currently before the commission.__The commission may also ask parties and their representatives seeking confidential information to disclose a list of all affiliated interests who have an interest in the case at hand or other cases currently before the commission.__Information provided to the commission under this paragraph is confidential and may be viewed by the commission, the commission's staff and the Public Advocate. The commission may not issue a final order prohibiting or restricting access to a party without notice and an opportunity to be heard.

D. If the commission issues a protective order that denies a party access to information, the commission shall may, at the commission's sole discretion, provide the information to the party's attorney, if any, subject only to the restriction that the attorney use the information solely for the purpose of the proceeding and not disclose the information to others, except that: or any other restriction that the commission considers appropriate.__In addition:

(1) The commission may shall deny an attorney access to information relating to bids if the attorney represents a party that made a competing bid; and

(2) The commission may impose further limitations if the commission finds that an attorney has a direct, personal and substantial financial interest that could be benefited by access to the information to the detriment of the party that provided the information.