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Unless the commission finds that the conditions of | subparagraphs 1 or 2 are met, the | | under the ethical rules, including the obligation to decline | | representation in certain cases, the authority of the | | commission to discipline attorneys who appear before the | | commission, including the authority, under section 1502, to | | punish for contempt persons who fail to comply with a | | protective order, and the commission's ability to recommend | | sanctions by other bodies, including the discipline of | | attorneys by the courts and the Board of Overseers of the Bar, | is sufficient security to permit the attorney to have access | to information in order to represent a party before the | commission | | to information under a protective order. |
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| | | E. The commission may prohibit or restrict the disclosure | | of information under protective order to a party's | independent consultant only for compelling reasons and to | the least extent necessaryexcept that the commission | require that the | | purposes of the proceeding in which it is disclosed and may | | prohibit disclosure of the information by the independent | | consultant to others. |
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| | | F. Notwithstanding any other provision of this subsection: |
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| | (1) The commission may deny all parties | | including the commission and its staff, access to | | information if the commission finds that the potential | | for harm from disclosure of the information outweighs | | its probative value in the proceeding; and |
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| | | (2) The commission may deny an attorney access to | | information under protective order if the commission | | finds that the attorney's request for access to the | | information is not made in good faith or that the | | attorney will not respect the terms of the protective | | order. |
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| | | Sec. 2. 35-A MRSA §1311-A, sub-§2, ¶¶D and E, as enacted by PL 1997, c. | | 691, §5 and affected by §10, are amended to read: |
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| | | D. The commission shall render a decision on the appeal | brought pursuant to this subsection within 7 | | days of the filing of the appeal. |
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| | | E. Notwithstanding subsection 1, the commission may impose limits | | on the disclosure of information beyond the limits imposed by the | | protective order issued in accordance with |
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| | subsection 1 only | | damage resulting from disclosure of the information in | | accordance with the protective order clearly exceeds the | | probative value of the information in the proceeding. |
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| | | This bill changes the criteria for the issuance of protective | | orders in Public Utilities Commission proceedings. It repeals | | some of the changes that were made in 1998 that made confidential | | information available to more people and closes loopholes in the | | law that allowed such information to be available to parties with | | multiple interests. The bill also allows the Public Utilities | | Commission to determine the financial interests of the parties | | seeking access to confidential information in order to protect | | consumers and competitors from the inappropriate release or use | | of that information. |
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