Section 202.330  Protective Orders

a)         At any time during the pendency of a proceeding, the arbitrator may, on the motion of any person, enter an order to protect the confidential, proprietary or trade secret nature of any data, information or studies.

b)         A person submitting a motion for a protective order shall specify the proposed expiration date for the proprietary status of the data, information or studies. The proposed expiration date shall be no more than five years from the date of submission. However, the proposed expiration date may exceed five years upon a showing of good cause. If no date is specified, the proposed expiration date for the proprietary status of the data, information or studies shall be two years from the date of submission.

c)         A document submitted and marked as proprietary shall be afforded proprietary treatment pending the timely submission of a motion to protect the confidential, proprietary or trade secret nature of that document and a ruling on that motion by the arbitrator.

d)         A public redacted version of each document submitted pursuant to this Section must also be submitted with the proprietary version. The proprietary version of any document should clearly indicate all portions that are considered proprietary in nature.