D. Protective Order

At the first PHC, counsel for Red & White sought a protective order for the financial information filed under seal or marked "confidential." (Tr. 10-12.) Protestants did not object to a protective order, though the particular wording of the confidentiality agreement became a matter that was eventually resolved by the ALJ. No spectators were allowed in the hearing room during the evidentiary hearings other than those who had signed a confidentiality agreement or who were members of the Commission Staff. Since confidential information was inextricably mingled with non-confidential evidence we shall order that the evidentiary file be placed under seal for a period of two years.

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