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- Alaska Statutes.
- Title 43. Revenue and Taxation
- Chapter 82. Alaska Stranded Gas Development Act
- Section 310. Disclosure of Information; Confidentiality.
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Section 300. Requests For Information.
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Section 400. Preliminary Findings and Determination Regarding the Contract.
AS 43.82.310. Disclosure of Information; Confidentiality.
- (a) An applicant may request confidential treatment of information that the applicant provides under AS 43.82.300
by clearly identifying the information and the reasons supporting the request for confidential treatment. The
commissioner of revenue or the commissioner of natural resources, as appropriate, shall keep the information
confidential until the commissioner determines whether the requirements of (b) of this section are met. If the
commissioner of revenue or the commissioner of natural resources has not made a determination under (b) of this section
within 14 days after receiving a request for confidential treatment, the request is considered denied. If the
appropriate commissioner determines that the information does not meet the requirements of (b) of this section or if
the commissioner fails to make a determination within 14 days, the commissioner shall return the information and any
copies of it at the request of the applicant. If the commissioner of revenue or the commissioner of natural resources,
as appropriate, returns information under this subsection, the commissioner shall cease review of the application or
cease contract development under AS 43.82.200
- 43.82.270, as appropriate, unless the commissioner
determines that the returned information is unnecessary to make a determination on the application or to develop
contract terms under AS 43.82.200
- 43.82.270.
- (b) If requested by the applicant, information provided to the commissioner of revenue or the commissioner of natural
resources under AS 43.82.300
shall be kept confidential if the commissioner receiving the information determines, upon an adequate showing by the
applicant, that the information
- (1) is a trade secret or other proprietary research, development, or commercial information that the applicant treats as
confidential;
- (2) affects the applicant's competitive position; and
- (3) has commercial value that may be significantly diminished by public disclosure or that public disclosure is not in the
long-term fiscal interests of the state.
- (c) Information determined to be confidential under (b) of this section is confidential under that subsection only so long
as is necessary to protect the competitive position of the applicant, to prevent the significant diminution of the
commercial value of the information, or to protect the long-term fiscal interests of the state. The commissioner of
revenue or the commissioner of natural resources, as appropriate, may not release information that the commissioner has
previously determined to be confidential under (b) of this section without providing the applicant notice and an
opportunity to be heard.
- (d) Notwithstanding the limitation in (c) of this section, the Department of Revenue and the Department of Natural
Resources may provide to one another, to the Department of Law, to the legislature, and to the Office of the Governor
any information provided under AS 43.82.300 relevant
to the implementation of this chapter or to the enforcement of state or federal laws. Information that is exchanged
under this subsection that was determined to be confidential under (b) of this section remains confidential except as
provided in (c) of this section. The portions of the records and files of the Department of Revenue, the Department of
Natural Resources, the Department of Law, the legislature, and the Office of the Governor that reflect, incorporate, or
analyze information that is determined to be confidential under (b) of this section are not public records except as
provided in (c) of this section.
- (e) Notwithstanding the limitation in (c) of this section, information that is determined to be confidential under (b) of
this section shall be disclosed on request by the commissioner of revenue, the commissioner of natural resources, or
the attorney general to a legislator; to the legislative auditor; and, as directed by the chair or vice-chair of the
Legislative Budget and Audit Committee, to the director of legislative finance, to the permanent employees of those
divisions who are responsible for evaluating a contract under AS 43.82.020, and to agents or contractors of the
legislative auditor or the director of legislative finance who are engaged to evaluate a contract under AS 43.82.020
. Information that is determined to be confidential under (b) of this section may also be disclosed by the commissioner
of revenue or the commissioner of natural resources to an independent contractor under AS 43.82.240
or to a municipal advisory group established under AS 43.82.510
. Before confidential information is disclosed under this subsection, the person receiving the information must sign an
appropriate confidentiality agreement.
- (f) If the commissioner of revenue chooses to develop a contract under AS 43.82.020
, the portions of the records and files of the Department of Revenue, the Department of Natural Resources, the
Department of Law, and a municipal advisory group established under AS 43.82.510
that reflect, incorporate, or analyze information that is relevant to the development of the position or strategy of
the commissioner of revenue, the commissioner of natural resources, or the attorney general with respect to a
particular provision that may be incorporated into the contract are not public records until the commissioner of
revenue gives public notice under AS 43.82.410
of the commissioner's preliminary findings and determination under AS 43.82.400
. Nothing in this subsection
- (1) makes a record or file of the Department of Revenue, the Department of Natural Resources, or the Department of Law a
public record that otherwise would not be a public record under AS 40.25.100
- 40.25.220;
- (2) affects the confidentiality provisions of (a) - (e) of this section; or
- (3) abridges a privilege recognized under the laws of this state, whether at common law or by statute or by court rule.
Article 05. CONTRACT REVIEW, APPROVAL, AND TERMINATION
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