Section 288.120  Compensation Costs Support Disclosure

a)         Information disclosed by the utility in support of compensation costs for all persons covered by Section 288.10 shall be given the same protections for privileged, confidential and proprietary information that exist under the Commission's Rules of Practice (83 Ill. Adm. Code 200), the Illinois Code of Civil Procedure [735 ILCS 5], the Illinois Rules of Evidence, and other applicable Illinois law.

b)         When information or a document is withheld from disclosure or discovery on a claim that it is privileged pursuant to a common law or statutory privilege, any claim shall be made expressly and shall be supported by a description of the nature of the documents, communications or things not produced or disclosed and the exact privilege that is being claimed.

c)         When there is a dispute regarding a claim of privilege, any party may file a motion seeking an in camera inspection of the documents in question by the Administrative Law Judge to resolve that dispute.

d)         Nothing in this Section is intended to prevent or otherwise change any protections or rights existing under the Illinois Code of Civil Procedure, the Illinois Supreme Court Rules, the Illinois Rules of Evidence, the Commission's Rules of Practice, or any other applicable law concerning privileged information or documents.

(Source:  Former Section 288.50 renumbered to 288.120 at 47 Ill. Reg. 5619, effective April 7, 2023)