Section 335.APPENDIX B   Agreement for Part-time Employees or Independent Contractors of Authorized Agencies

ACCESS FOR PART-TIME EMPLOYEES OR INDEPENDENT CONTRACTORS

RETAINED BY THE ATTORNEY GENERAL OF THE STATE OF ILLINOIS,

THE CITIZENS UTILITY BOARD OR THE OFFICE OF PUBLIC COUNSEL

Section 1 (must be completed)

1.         I, _______________________, enter into this agreement for the purpose of receiving access to a certain contract identified as _____________________ (contract) which (utility), an Illinois public utility, has filed with the Illinois Commerce Commission on a confidential basis pursuant to Section 9-102.1 of the Public Utilities Act.  The effective date of this agreement (effective date) is ____________________.  I am a part-time employee of or independent contractor (independent contractor) employed/retained by the [Citizens Utility Board] [Office of the Attorney General] [Office of Public Counsel] (the authorized agency), and I hereby agree not to copy or duplicate the contract and not to use the information contained in the contract for purposes other than for reviewing it for compliance with the Public Utilities Act [220 ILCS 5]. I agree to keep the contract and all information contained therein, and any information redacted in accordance with 83 Ill. Adm. Code 335.110(b) or (c), confidential; and not to divulge the terms of the contract or any information coming to my knowledge from the contract to any person other than a person authorized to have access to the contract pursuant to Section 9-102.1 of the Public Utilities Act who has executed a confidentiality agreement pursuant to 83 Ill. Adm. Code 335 with respect to the contract.

2.         I certify that I am not currently providing and will not provide, for a period of one year from the date that my right of access to the contract under this agreement terminates, consulting or other services to a competitor of the utility or a customer of the utility which consulting or other services relate to negotiations for a contract for rates for utility service or otherwise relate in subject matter or scope to material terms of the contract.

3.         I understand that, if I breach this confidentiality agreement, the utility may bring a legal action seeking recovery of all costs, losses or damage, including attorneys' fees, resulting directly or indirectly from disclosure or use of any information contained in the contract in violation of this agreement.

4.         Access to the contract shall be permitted by this agreement until the earliest of: (i) one year from the effective date; (ii) the date on which my employment or consulting contract with the authorized agency is terminated; or (iii) the date on which the utility terminates my right of access to the contract for cause in accordance with 83 Ill. Adm. Code 335.140.

5.         The confidentiality requirements stated in this agreement shall remain permanently in effect unless, until and to the extent that information contained in the contract becomes part of the public domain otherwise than through the breach of a confidentiality agreement by a party authorized to have access to the contract pursuant to 83 Ill. Adm. Code 335 (Part 335).

6.         If I receive the authorized agency's copy of the contract for review at my premises in accordance with 83 Ill. Adm. Code 335.110(c), I agree to maintain the contract in a locked or secured location and to ensure that the contract is not made available to anyone other than individuals who are authorized by the provisions of Part 335 to review the contract and who have executed a confidentiality agreement pursuant to Part 335 with respect to the contract. I agree not to duplicate or reproduce the contract in any manner. I further agree that, at the earlier of the end of the retention period (as defined in 83 Ill. Adm. Code 335.120(c)) or such extended or additional period as is permitted under 83 Ill. Adm. Code 335.120(c) or (d); or the date that my right of access to the contract terminates in accordance with Paragraph 4 above, I will return the contract to the authorized agency for return to the public utility.

7.         I acknowledge that I have reviewed the provisions of Part 335 and that I understand and will fully comply with those provisions.

8.         The utility may make a reasonable inquiry into the facts required to establish that I have implemented and enforced reasonable procedures to ensure that the terms and conditions of this agreement are fully complied with and I agree to furnish the utility with the information that is reasonably necessary to conduct such an inquiry.  If, as a result of such inquiry, the utility has reason to believe that I am failing to comply with this agreement, the utility may take such action as it determines is necessary to protect its interests, including, but not limited to, terminating this agreement and directing the return of all contracts provided pursuant to this agreement.

Dated:

Signature

Title

Section 2 (must be completed)

I, ___________________________________, the/a [Executive Director of the Citizens Utility Board] [Attorney General or his/her designee] [Public Counsel or his/her designee], hereby certify that the person whose signature appears above is a part-time employee of or an independent contractor employed/retained by the authorized agency.  The authorized agency agrees not to copy or duplicate the contract and not to use the information contained in the contract for purposes other than for reviewing it for compliance with the Public Utilities Act [220 ILCS 5]. The authorized agency also agrees to keep this agreement, the contract and all information contained therein, and any information redacted in accordance with 83 Ill. Adm. Code 335.110(b) or (c), confidential, and not to divulge the terms of the contract or any confidential information which is the subject of this agreement to any person other than a person authorized to receive access to such confidential contracts pursuant to Section 9-102.1 of the Public Utilities Act who has executed a confidentiality agreement pursuant to 83 Ill. Adm. Code 335 with respect to the contract.

Dated:

Signature

Title

Section 3 (must be completed)

I, ____________________________, an officer of_____________________________, an Illinois public utility, state that the person whose name appears in Section 1 is acceptable for purposes of being given access to the contract pursuant to the terms of this agreement, and that this agreement should be filed with the Chief Clerk of the Illinois Commerce Commission in accordance with 83 Ill. Adm. Code 335.110(d).

Dated:

Signature

Title