Sec.16-47a-4. System operation information. Trade secrets

(a) A gas company shall not disclose to any of its unregulated affiliates any confidential systems operation information, trade secrets, or proprietary information such as confidential market analysis reports, surveys, research, forecasts, planning or strategic reports, unless it discloses such information to all competitors of such unregulated affiliates contemporaneously and in accordance with a procedure approved in advance by the Department, and provided such disclosure is consistent with all applicable federal laws or state statutes and regulations. The prohibition of this subsection does not apply to the following:

(1) Disclosure of such confidential information to another Connecticut-regulated public service company, other regulated affiliate, or a CSC; or

(2) Disclosure of such confidential information where:

(A) A state or federal regulatory agency or court having jurisdiction over the disclosure of such information requires the disclosure;

(B) The information is provided to employees of an affiliate pursuant to any agreement filed with Department, provided that the agreement specifically describes the type of information to be disclosed;

(C) The information is provided to employees of an affiliate for the purpose of sharing best practices and otherwise improving the provision of regulated utility service;

(D) Disclosure is otherwise essential to enable a gas company to provide gas services to its customers;

(E) Disclosure of the information provided to an unregulated affiliate would expose proprietary information surrounding a consortium effort to sell or purchase gas assets or other services designed to maximize profit or reduce costs for utility ratepayers; or

(F) Disclosure of the information is necessary for compliance with the Sarbanes-Oxley Act of 2002.

(b) Any confidential system operation information, trade secrets, or other proprietary information disclosed pursuant to the exceptions in subsection (a) of this section shall be disclosed only to employees that need the information for the purposes covered by those exceptions and in as limited a manner as possible. The employees receiving such information shall not act as conduits to pass the information to any unregulated affiliates if such action results in a violation of this Gas Code of Conduct and shall have explicitly agreed to protect the confidentiality of such information.

(c) For disclosures pursuant to the exceptions of subsection (a) of this section, a gas company shall include in its annual affiliate transaction report required by section 16-47a-8(c) of this Gas Code of Conduct, the following information: (1) the type of information disclosed and the names of the unregulated affiliates to which it is being, or has been, disclosed; (2) the time and date of the disclosure; and (3) the reasons for the disclosure.

(d) No technology or trade secrets developed, obtained, or held by a gas company in the conduct of regulated operations shall be transferred to an unregulated affiliate without just compensation or prior approval from the Department. Nothing herein however shall affect the provision of shared corporate support services that are otherwise in compliance with this Gas Code of Conduct.

(Adopted effective February 8, 2011)