XI. Definition - Non-Market participant
Persons or entities that do not meet the definition of market participant are non-market participants, and may have access to market sensitive information. It is proper to require such non-market participants to sign a nondisclosure agreement or to be bound by a protective order prohibiting the disclosure of information to market participants.
However, as we explained in D.06-06-066, in no case shall Commission staff, or any Commission Division or Office, be required to sign a nondisclosure agreement or be bound by a protective order: "It is inappropriate to require Commission staff - including [the Division of Ratepayer Advocates] - to enter into private contractual agreements with the entities we regulate or that otherwise come before us."45
45 D.06-06-066, mimeo., p. 52.
