How does a third party apply to the Executive Director to get his records exempt from disclosure?
Sometimes when a third party discloses a record to the Energy Commission, this third party is unsure as to if their document will be exempt from disclosure by operation of law. That is to say, they are unsure if their record will be exempt through an exemption in the PRA, or if the Energy Commission would find it exempt through the PIE balancing test. In response to this uncertainty, the Energy Commission has developed a procedure by which a third party may apply to the Executive Director to have his record “stamped” as being exempt from disclosure. In order for a record to be stamped as exempt in this way, the disclosing party must convince the Executive Director that the PRA or some other provision of law authorizes the Energy Commission to treat the record as exempt.
