In response to the state of emergency declared by Governor DeWine, the Public Utilities Commission of Ohio (PUCO) issued an Entry on April 8, 2020 authorizing the electronic filing of confidential documents in the Docketing Information System (DIS) as a temporary procedural relief from the required paper filing of confidential documents.
In accordance with the PUCO’s April 8, 2020 Entry, parties and persons intending to file documents containing trade secret, proprietary, or otherwise confidential information via electronic filing shall adhere to the following procedures and processes during this state of emergency or until otherwise ordered by the PUCO.
Failure to confidential documents in accordance with the adopted confidential submission protocols may result in publication of intended confidential information.
Electronically filing a confidential document
If you do not already have an e-filing profile in DIS, you can create one here.
The PUCO provides the following instructions, which includes several controls to ensure confidential e-filings are not made public. These requirements must be met to comply with filing a confidential document electronically in DIS:
- File the document in Case No. 20-2000-XX-XXX, which has been opened to specifically receive confidential documents. Do NOT file a confidential document in the case number to which the document pertains.
- Complete and submit a Confidential Electronically Filed Document Cover Sheet.
- Select “Confidential Document” for the document type when e-filing and use the word “confidential” in the summary of the docketing card field. (e.g. Confidential Testimony of Bob Smith or Confidential Document: Exhibit C-3, C- 5, C-7 on behalf of XYZ Company LLC).
- No source files are to be filed. If PUCO staff requires source files, PUCO staff will contact the filer and those documents can be filed separately.
- If applicable, file the public version of your confidential document in the case number to which the document pertains.
Following your confidential e-filing:
- The PUCO Docketing Division (Docketing) will review the confidential e-filings. For the duration of the declared state of emergency, filers will receive a second email from the Docketing Staff notifying you of the status of your confidential submission:
- (1) the confidential filing has been received and accepted; or (2) the confidential filing has been rejected (with the reason noted). A Confidential Target Document, a placeholder indicating a confidential document was filed, will be filed by Docketing in the actual intended case (not in Case No. 20-2000-XX-XXX). It is recommended that the filer review the intended case and “subscribe” to the case to ensure your document was filed.
- If you do not receive an acceptance or rejection email, please check your email settings and your spam folder.
The PUCO will continue to receive mailed confidential records during the emergency and will accept in-person filings by appointment only. Appropriate safety measures, such as masks and social distancing, will be strictly required. Call the Docketing Division at (614) 466-4095 to schedule an appointment.
Need help or have questions? Please contact the PUCO Docketing Division at docketing@puco.ohio.gov or (614) 466-4095.
PUCO Docketing hours: Pursuant to Ohio Adm.Code 4901-1-02, the Docketing Division accepts filings from 7:30 a.m. to 5:30 p.m., Monday through Friday, except on state holidays. However, during the COVID-19 emergency, the Docketing Division will respond to email at docketing@puco.ohio.gov during the hours of 8:00 a.m. to 5:00 p.m. You may call the Docketing office at (614) 466-4095 during the hours of 1:00 p.m. to 5:00 p.m.
Confidential filing disclaimer:
By submitting confidential documents to DIS you agree to the following:
The PUCO is not responsible for publication of documents deemed to be confidential to the Docketing Information System (DIS) that are not filed in compliance with the required confidential submission protocol in Attachment A from the Entry issued by the Commission on April 8, 2020 in Case No. 20-591-AU-UNC. Confidential information being electronically filed in DIS must be filed with a completed Confidential Electronically Filed Document Cover Sheet, a document type of confidential document, descriptive language that includes the word "confidential" in the document card summary filed, and filed in Case No. 20-2000-XX-XXX exclusively. Failure to file such confidential documents in accordance with the confidential submission protocols may result in publication and incur liability for your or the organization holding the trade secret under Ohio law for misappropriation or other liability for disclosure of confidential information.
