Arkansas Public Service Commission Issues Regulatory Document on Confidentiality

Strategic Insights -

The Arkansas Public Service Commission has issued a regulatory document outlining procedures for handling confidential information in the context of a specific docket. The document, which went into effect immediately, requires individuals working on the docket to mark confidential information as such, maintain it in a secure manner, and not disclose it to unauthorized parties. The document also outlines the consequences of improper disclosure, including civil liabilities and sanctions.

Key Takeaways:

  • The Arkansas Public Service Commission has issued a regulatory document detailing procedures for handling confidential information in the context of a specific docket.
  • Individuals working on the docket are required to mark confidential information as such, maintain it in a secure manner, and not disclose it to unauthorized parties.
  • Confidential information is to be protected from public disclosure pursuant to the provisions of Ark. Code Ann. § 23-2-316 and Rule 4.04 of the Arkansas Public Service Commission's Rules of Practice and Procedure.
  • Individuals working on the docket are required to execute an Affidavit of Non-Disclosure and adhere to the terms of the Interim Protective Order and Rule 4.04.
  • Improper disclosure of confidential information may result in civil liabilities or sanctions against the party or person responsible.
  • Pleadings or other filings that incorporate, reference, or attach confidential information must be filed in two formats: public format with confidential information redacted and non-public under protective seal format.
  • Confidential information is to be returned to the protected party within 30 days of the conclusion of the docket and any appeals taken therefrom, and any notes or memoranda regarding the confidential information must be destroyed within the same time frame.
  • The document also outlines the requirement to be bound by subsequent protective orders and to execute additional affidavits of non-disclosure if necessary.

Statistics:

  • 12 conditions outlined in the Interim Protective Order, including description of confidential information and restrictions on its use and disclosure.
  • 6 requirements for handling confidential information, including marking, maintaining, and disclosing confidential information.
  • 5 consequences of improper disclosure, including civil liabilities, sanctions, and notification of counsel for the protected party.

Sources:

  • Arkansas Public Service Commission, Regulation Document on Confidentiality (September 17, 2025)