Section 455.20  Record Retention, Additional Documentation, and Confidential Information

a)         In addition to any other requirements of this Part or of any other applicable law, a RES shall maintain original records of all contracts and bills associated with Illinois retail customers who received electricity for at least 36 months beyond the end of the compliance period during which the electricity was supplied. All these records and any other documentation or information regarding the compliance by a RES with the renewable portfolio standard and clean coal standard shall be made available to the Commission or its Staff upon written request.  The requirement to maintain original records pursuant to this Section may be satisfied by the retention of electronic rather than paper records, provided these are electronic business records that would otherwise be admissible under Illinois law.

b)         If information contained in any report filed pursuant to this Part or provided to the Commission or Staff upon written request contains or reflects commercially or financially sensitive information or trade secrets, the RES may file that information with the Commission on a confidential basis. To be filed confidentially, the information shall be accompanied by an affidavit that sets forth both the reasons for the confidentiality and a public synopsis of the information as required by Section 16-115D(e) of the Act. If a report contains information filed on a confidential basis, the RES shall file both a "confidential" and a "public" version of the report and attached documentation, with all confidential information marked "Confidential". Commission Staff is authorized to publicly disclose documentation and information provided pursuant to this Part without a confidential designation pursuant to Section 5-108 of the Act.