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

Disclosure to FERC or its Staff. Notwithstanding anything in this Article 22 to the contrary, and pursuant to 18 C.F.R. section 1b.20, if FERC or its staff, during the course of an investigation or otherwise, requests information from one of the Parties that is otherwise required to be maintained in confidence pursuant to this Agreement or the NYISO OATT, the 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 Party must, consistent with 18 C.F.R. section 388.112, 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. Parties are prohibited from notifying the other Parties to this Agreement prior to the release of the Confidential Information to the Commission or its staff. The Party shall notify the other Parties to the 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 the Parties may respond before such information would be made public, pursuant to 18 C.F.R. section 388.112. A Party shall not be liable for any losses, consequential or otherwise, resulting from that Party divulging Confidential Information pursuant to a FERC request under this paragraph.

Disclosure to FERC or its Staff. Notwithstanding anything in this Article 22 5 to the contrary, and pursuant to 18 C.F.R. section § 1b.20, if FERC or its staff, during the course of an investigation or otherwise, requests information from one of the Parties a Receiving Party that is otherwise required to be maintained in confidence pursuant to this Agreement or the NYISO OATTAgreement, the such Receiving 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 Party must, consistent with 18 C.F.R. section § 388.112, 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. Parties are prohibited from notifying To the other Parties to this Agreement extent permitted by law, the Receiving Party shall notify the Disclosing Party prior to the release of the Disclosing Party’s Confidential Information to the Commission FERC or its staff. The A Receiving Party shall notify the other Parties to the Agreement Disclosing Party when it is notified by FERC or its staff that a request to release the Disclosing Party’s Confidential Information has been received by FERC, at which time either of the Parties may respond before such information would be made public, pursuant to 18 C.F.R. section § 388.112. A Party shall not be liable for any losses, consequential or otherwise, resulting from that Party divulging Confidential Information pursuant to a FERC request under this paragraph.