9. Treatment of Information and Documents Considered to be Confidential

Due to the expedited nature of this proceeding, the Commission will modify its standing procedures for the submission of information claimed to be confidential (Rule 11.4). The submitting party is not required to file a motion for submission of information and documents under seal. However, the designation of any document or information as confidential, highly confidential, or additional copying prohibited (see Protective Order incorporated as Appendix C below) shall constitute a representation by the submitting party, subject to the Commission's Rule 1.1, that the confidential, highly confidential or copying prohibited documents meet the requirements set forth for such designations. Other parties may challenge, via motion, the implied representation that such documents and/or information are confidential. Information and documents submitted under seal will be afforded the protections provided by GO 66 and Public Utilities Code section 583, absent a ruling otherwise by the assigned ALJ or a law and motion ALJ designated by the Chief ALJ.

To facilitate access by other parties while ensuring appropriate confidentiality protections, we adopt the Protective Order in Appendix C, which is largely based on the Protective Order and the Second Protective Order adopted by the FCC in its merger proceeding WT Docket No. 11-65. Any document containing information claimed to be "Confidential Information" or "Highly Confidential Information" should be marked as such consistent with the terms of the Protective Order in Appendix C and should be filed under seal, with service only on the assigned Commissioner, assigned ALJ, Commission staff who are on the service list, and persons who have met the conditions for access to such documents under the terms of the Protective Order. A party filing information and documents under seal should file at the same time a public version of such documents, labeled Redacted Confidential Documents and/or Redacted Highly Confidential Documents, as appropriate, as defined in the Protective Order in Appendix C.

Confidentiality issues will be handled by the assigned ALJ, or by a law and motion ALJ designated by the Chief ALJ. We expect the parties to cooperate in the facilitation of this Investigation, and to evince good faith with regard to such confidentiality issues. If necessary, the assigned ALJ or a law and motion ALJ may modify the Protective Order in Appendix C.