Common use of Access to and Use of Confidential Information Clause in Contracts

Access to and Use of Confidential Information. Transmission Provider shall have the right to use Confidential Information to fulfill its responsibilities as a Transmission Provider, Balancing Authority, Planning Authority, Resource Planner, and/or Transmission Planner or otherwise as needed to fulfill its obligations to comply with Applicable Reliability Standards and other Applicable Laws and Regulations. Studies performed by Transmission Provider to fulfill these responsibilities and obligations may include, but not necessarily be limited to, Transmission Provider’s own Confidential Information as well as Confidential Information supplied to Transmission Provider by WECC, the Interconnection Customer, and other Interconnection Customers or transmission customers. To the extent that Interconnection Customer requests information from Transmission Provider or Transmission Provider is otherwise obligated to provide information to Interconnection Customer pursuant to the terms of this GIA, Interconnection Customer’s access to such information may be limited to protect Confidential Information from improper use or disclosure. If the information includes Critical Energy Infrastructure Information, Interconnection Customer shall be required to demonstrate that it has a legitimate need for the information, which makes it legally eligible to receive such information under the law, and sign Transmission Provider’s Non-Disclosure Agreement for Critical Energy Infrastructure Information. If the information includes WECC data, Interconnection Customer must demonstrate that it is a WECC Member which has signed a WECC Member Confidentiality Agreement or, if Interconnection Customer is a non-WECC Member, that it has provided a signed non-WECC Member Confidentiality Agreement, including a written statement of justification of legitimate need, to the WECC office, and that such justification of legitimate need has been deemed acceptable by WECC. Provided such demonstration is made by an Interconnection Customer which is a non- WECC member, Interconnection Customer is permitted to look at WECC data in the Transmission Provider’s office, but is not permitted to have the data or a copy of the data. If the requested information includes Confidential Information of other Interconnection Customers or transmission customers, Transmission Provider shall notify such other Interconnection Customers or transmission customers and seek their consent to the disclosure of the Confidential Information to the Interconnection Customer. Transmission Provider shall then report to Interconnection Customer whether or not such consent was granted. If the consent was not granted, Interconnection Customer may request that Transmission Provider provide information to Interconnection Customer in a composite form, which does not disclose the Confidential Information of any other individual Interconnection Customer or transmission customer. Alternatively, Interconnection Customer may pursue whatever other rights and remedies it may have at law, consistent with the terms of this GIA and Transmission Provider’s Tariff, to legally compel the disclosure of other Interconnection Customers’ or transmission customers’ Confidential Information. Unless otherwise explicitly stated in this GIA, Interconnection Customer shall be responsible for the costs incurred by Transmission Provider to provide information to Interconnection Customer, including, but not necessarily limited to, copying and other forms of production expenses as well as labor time. Transmission Provider shall promptly invoice Interconnection Customer for such costs. Unless otherwise explicitly stated in this GIA or ordered by a court of competent jurisdiction, Transmission Provider shall be under no obligation to provide the information to Interconnection Customer until such payment is made by Interconnection Customer.

Access to and Use of Confidential Information. Transmission Provider shall have the right to use Confidential Information to fulfill its responsibilities as a Transmission Provider, Balancing Authority, Planning Authority, Resource Planner, and/or Transmission Planner or otherwise as needed to fulfill its obligations to comply with Applicable Reliability Standards and other Applicable Laws and Regulations. Studies performed by Transmission Provider to fulfill these responsibilities and obligations may include, but not necessarily be limited to, Transmission Provider’s own Confidential Information as well as Confidential Information supplied to Transmission Provider by WECC, the Interconnection Customer, and other Interconnection Customers or transmission customers. To the extent that Interconnection Customer requests information from Transmission Provider or Transmission Provider is otherwise obligated to provide information to Interconnection Customer pursuant to the terms of this GIA, Interconnection Customer’s access to such information may be limited to protect Confidential Information from improper use or disclosure. If the information includes Critical Energy Infrastructure Information, Interconnection Customer shall be required to demonstrate that it has a legitimate need for the information, which makes it legally eligible to receive such information under the law, and sign Transmission Provider’s Non-Non- Disclosure Agreement for Critical Energy Infrastructure Information. If the information includes WECC data, Interconnection Customer must demonstrate that it is a WECC Member which has signed a WECC Member Confidentiality Agreement or, if Interconnection Customer is a non-WECC Member, that it has provided a signed non-WECC Member Confidentiality Agreement, including a written statement of justification of legitimate need, to the WECC office, and that such justification of legitimate need has been deemed acceptable by WECC. Provided such demonstration is made by an Interconnection Customer which is a non- non-WECC member, Interconnection Customer is permitted to look at WECC data in the Transmission Provider’s office, but is not permitted to have the data or a copy of the data. If the requested information includes Confidential Information of other Interconnection Customers or transmission customers, Transmission Provider shall notify such other Interconnection Customers or transmission customers and seek their consent to the disclosure of the Confidential Information to the Interconnection Customer. Transmission Provider shall then report to Interconnection Customer whether or not such consent was granted. If the consent was not granted, Interconnection Customer may request that Transmission Provider provide information to Interconnection Customer in a composite form, which does not disclose the Confidential Information of any other individual Interconnection Customer or transmission customer. Alternatively, Interconnection Customer may pursue whatever other rights and remedies it may have at law, consistent with the terms of this GIA and Transmission Provider’s Tariff, to legally compel the disclosure of other Interconnection Customers’ or transmission customers’ Confidential Information. Unless otherwise explicitly stated in this GIA, Interconnection Customer shall be responsible for the costs incurred by Transmission Transmissio Provider to provide information to Interconnection Customer, including, but not necessarily limited to, copying and other forms of production expenses as well as labor time. Transmission Provider shall promptly invoice Interconnection Customer for such costs. Unless otherwise explicitly stated in this GIA or ordered by a court of competent jurisdiction, Transmission Provider shall be under no obligation to provide the information to Interconnection Customer until such payment is made by Interconnection Customer.

Access to and Use of Confidential Information. Transmission Provider shall have the right to use Confidential Information to fulfill its responsibilities as a Transmission Provider, Balancing Authority, Planning Authority, Resource Planner, and/or Transmission Planner or otherwise as needed to fulfill its obligations to comply with Applicable Reliability Standards and other Applicable Laws and Regulations. Studies performed by Transmission Provider to fulfill these responsibilities and obligations may include, but not necessarily be limited to, Transmission Provider’s own Confidential Information as well as Confidential Information supplied to Transmission Provider by WECC, the Interconnection Customer, and other Interconnection Customers or transmission customers. To the extent that Interconnection Customer requests information from Transmission Provider or Transmission Provider is otherwise obligated to provide information to Interconnection Customer pursuant to the terms of this Transitional Cluster GIA, Interconnection Customer’s access to such information may be limited to protect Confidential Information from improper use or disclosure. If the information includes Critical Energy Infrastructure Information, Interconnection Customer shall be required to demonstrate that it has a legitimate need for the information, which makes it legally eligible to receive such information under the law, and sign Transmission Provider’s Non-Disclosure Agreement for Critical Energy Infrastructure Information. If the information includes WECC data, Interconnection Customer must demonstrate that it is a WECC Member which has signed a WECC Member Confidentiality Agreement or, if Interconnection Customer is a non-WECC Member, that it has provided a signed non-WECC Member Confidentiality Agreement, including a written statement of justification of legitimate need, to the WECC office, and that such justification of legitimate need has been deemed acceptable by WECC. Provided such demonstration is made by an Interconnection Customer which is a non- non-WECC member, Interconnection Customer is permitted to look at WECC data in the Transmission Provider’s office, but is not permitted to have the data or a copy of the data. If the requested information includes Confidential Information of other Interconnection Customers or transmission customers, Transmission Provider shall notify such other Interconnection Customers or transmission customers and seek their consent to the disclosure of the Confidential Information to the Interconnection Customer. Transmission Provider shall then report to Interconnection Customer whether or not such consent was granted. If the consent was not granted, Interconnection Customer may request that Transmission Provider provide information to Interconnection Customer in a composite form, which does not disclose the Confidential Information of any other individual Interconnection Customer or transmission customer. Alternatively, Interconnection Customer may pursue whatever other rights and remedies it may have at law, consistent with the terms of this Transitional Cluster GIA and Transmission Provider’s Tariff, to legally compel the disclosure of other Interconnection Customers’ or transmission customers’ Confidential Information. Unless otherwise explicitly stated in this Transitional Cluster GIA, Interconnection Customer shall be responsible for the costs incurred by Transmission Provider to provide information to Interconnection Customer, including, but not necessarily limited to, copying and other forms of production expenses as well as labor time. Transmission Provider shall promptly invoice Interconnection Customer for such costs. Unless otherwise explicitly stated in this Transitional Cluster GIA or ordered by a court of competent jurisdiction, Transmission Provider shall be under no obligation to provide the information to Interconnection Customer until such payment is made by Interconnection Customer.