§335.140. Enforcement  


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  • a)         In those instances in which the contract provided pursuant to Section 335.110 is duplicated or the information contained in the contract is used in violation of the terms of the confidentiality agreement, the authorized agency responsible for maintaining the confidential nature of the contract shall lose its privileges to have the copies provided at its office, pursuant to Section 335.110(b) and (c), for a period of one year. The authorized agency would then only be able to view such contracts in the offices of the Commission during that one year interim period as provided in Section 335.110(a). If the public utility has a reasonable belief that the contract, provided pursuant to Section 335.110 to an authorized agency, was duplicated or the information contained in the contract was used in violation of the terms of the agreement, the public utility shall give notice to the authorized agency and the Commission of the circumstances and the public utility may discontinue providing copies of further contracts to such authorized agency for one year or until the authorized agency shows to the satisfaction of the public utility or the Commission that the authorized agency was at all times relevant in full compliance with the terms and conditions of the confidentiality agreement and this Part.

     

    b)         The unauthorized copying of the contract or the unauthorized disclosure by an independent contractor of the information contained in the contract filed pursuant to Section 9-102.1(a) of the Act shall be good cause for a public utility to find such person unacceptable for access to future contracts subject to provisions of Section 335.150.

     

    c)         The unauthorized copying of the contract or the unauthorized disclosure by the independent contractor of the information contained in the contract filed pursuant to Section 9-102.1(a) of the Act shall constitute good cause for the public utility to terminate access to the contract currently in the possession of such independent contractor.