Common use of Disclosure to FERC or its Staff Clause in Contracts

Disclosure to FERC or its Staff. Notwithstanding anything in this Section 17 to the contrary, and pursuant to 18 C.F.R. § 1b.20, if FERC or its staff, during the course of an investigation or otherwise, requests information from one of the Construction Parties that is otherwise required to be maintained in confidence pursuant to this Interconnection Construction Service Agreement, the Construction Party, shall provide the requested information to FERC or its staff, within the time provided for in the request for information. In providing the information to FERC or its staff, the Construction Party must, consistent with 18 C.F.R. § 388.122, request that the information be treated as confidential and non-public by FERC and its staff and that the information be withheld from public disclosure. Construction Parties are prohibited from notifying the other Construction Parties to the Interconnection Construction Service Agreement prior to the release of the Confidential Information to the Commission or its staff. A Construction Party shall notify the other Construction Parties when it is notified by FERC or its staff that a request to release Confidential Information has been received by FERC, at which time any of the Construction Parties may respond before such information would be made public, pursuant to 18 C.F.R. § 388.112. Subject to the exception in Section 17.10, no Construction Party shall disclose Confidential Information of another Construction Party to any person not employed or retained by the disclosing Construction Party, except to the extent disclosure is (i) required by law; (ii) reasonably deemed by the disclosing Construction Party to be required in connection with a dispute between or among the Construction Parties, or the defense of litigation or dispute; (iii)_ otherwise permitted by consent of the Construction Party that provided such Confidential Information, such consent not to be unreasonably withheld; or (iv) necessary to fulfill its obligations under this Interconnection Construction Service Agreement or as a transmission service provider or a Control Area operator including disclosing the Confidential Information to an RTO or ISO or to a regional or national reliability organization. Prior to any disclosures of another Construction Party’s Confidential Information under this subparagraph, the disclosing Construction Party shall promptly notify the other Construction Parties in writing and shall assert confidentiality and cooperate with the other Construction Parties in seeking to protect the Confidential Information from public disclosure by confidentiality agreement, protective order or other reasonable measures.

Disclosure to FERC or its Staff. Notwithstanding anything in this Section 17 to the contrary, and pursuant to 18 C.F.R. § 1b.20, if FERC or its staff, during the course of an investigation or otherwise, requests information from one of the Construction Interconnection Parties that is otherwise required to be maintained in confidence pursuant to this Interconnection Construction Service Agreement, the Construction Interconnection Party, shall provide the requested information to FERC or its staff, within the time provided for in the request for information. In providing the information to FERC or its staff, the Construction Interconnection Party must, consistent with 18 C.F.R. § 388.122, request that the information be treated as confidential and non-public by FERC and its staff and that the information be withheld from public disclosure. Construction Interconnection Parties are prohibited from notifying the other Construction Interconnection Parties to the Interconnection Construction Service Agreement prior to the release of the Confidential Information to the Commission or its staff. A Construction An Interconnection Party shall notify the other Construction Interconnection Parties to the Interconnection Service Agreement when it is notified by FERC or its staff that a request to release Confidential Information has been received by FERC, at which time any of the Construction Interconnection Parties may respond before such information would be made public, pursuant to 18 C.F.R. § 388.112. Subject to the exception in Section 17.1017.10 of this Appendix 2, no Construction Interconnection Party shall disclose Confidential Information of another Construction Interconnection Party to any person not employed or retained by the disclosing Construction Interconnection Party, except to the extent disclosure is (i) required by law; (ii) reasonably deemed by the disclosing Construction Interconnection Party to be required in connection with a dispute between or among the Construction Interconnection Parties, or the defense of litigation or dispute; (iii)_ otherwise permitted by consent of the Construction Interconnection Party that provided such Confidential Information, such consent not to be unreasonably withheld; or (iv) necessary to fulfill its obligations under this Interconnection Construction Service Agreement or as a transmission service provider or a Control Area operator including disclosing the Confidential Information to an RTO or ISO or to a regional or national reliability organization. Prior to any disclosures of another Construction Interconnection Party’s Confidential Information under this subparagraph, the disclosing Construction Interconnection Party shall promptly notify the other Construction Interconnection Parties in writing and shall assert confidentiality and cooperate with the other Construction Interconnection Parties in seeking to protect the Confidential Information from public disclosure by confidentiality agreement, protective order or other reasonable measures.

Disclosure to FERC or its Staff. Notwithstanding anything in this Section 17 to the contrary, and pursuant to 18 C.F.R. § 1b.20, if FERC or its staff, during the course of an investigation or otherwise, requests information from one of the Construction Parties that is otherwise required to be maintained in confidence pursuant to this Interconnection Construction Service AgreementAgreementCSA, the Construction Party, shall provide the requested information to FERC or its staff, within the time provided for in the request for information. In providing the information to FERC or its staff, the Construction Party must, consistent with 18 C.F.R. § 388.122388.122112, request that the information be treated as confidential and non-public by FERC and its staff and that the information be withheld from public disclosure. Construction Parties are prohibited from notifying the other Construction Parties to the Interconnection Construction Service Agreement Agreementthis CSA prior to the release of the Confidential Information to the Commission or its staff. A Construction ConstructionA Party shall notify the other Construction Parties when it is notified by FERC or its staff that a request to release Confidential Information has been received by FERC, at which time any of the Construction Parties may respond before such information would be made public, pursuant to 18 C.F.R. § 388.112. 1716.11 Subject to the exception noted above in Section 17.101716.10 of this Appendix III, no Construction Party shall disclose Confidential Information of another Construction Party to any person not employed or retained by the disclosing Construction Party, except to the extent disclosure is is: (i) required by law; (ii) reasonably deemed by the disclosing Construction Party to be required in connection with a dispute between or among the Construction Parties, or the defense of litigation or dispute; (iii)_ _) otherwise permitted by consent of the Construction Party that provided such Confidential Information, such consent not to be unreasonably withheld; or (iv) necessary to fulfill its obligations under this Interconnection Construction Service Agreement AgreementCSA or as a transmission service provider or a Control Area operator including disclosing the Confidential Information to an RTO or ISO or to a regional or national reliability organization. Prior to any disclosures of another Construction Party’s Confidential Information under this subparagraph, the disclosing Construction Party shall promptly notify the other Construction Parties in writing and shall assert confidentiality and cooperate with the other Construction Parties in seeking to protect the Confidential Information from public disclosure by confidentiality agreement, protective order or other reasonable measures.