§ 1504.202 - Document categories.

(a) The “sensitive” category is very narrow, only including documents which, except under court order, should in no case be distributed outside the government (and in most cases retained just within the OFI). The following types of information are “sensitive”:

(1) Documents classified for national security reasons are “sensitive”, the only contemplated examples of which relate to the reciprocal procurement review with the Northern Pipeline Agency in Canada.

(2) Trade secrets, as explained and defined in § 1504.203(b) for this particular context, also come within the “sensitive” category.

(3) Critical procurement information, particularly tentative bids, price and vendor conditions, come within the “sensitive” designation.

(4) The “sensitive” category also includes information originally received by the submitter under a bona fide secrecy agreement from the third party originator of the information.

(5) There could possibly be other documents received under circumstances warranting limited or no distribution. Privileged information developed during non-ANGTS litigation, for example, might warrant an OFI agreement to resist disclosure. Privacy considerations might also be relevant here. Because “sensitive” designation of this type of information is presently only hypothetical, it will receive no elaboration in § 1504.203.

(b) The “business” category entails information either developed at a cost and possessing demonstrable market value or the release of which may substantially impair the competitive position of the person who supplied it, whether an ANGTS sponsor or another. This is basically proprietary information, disclosure of which would reduce or eliminate its value to the submitter. Unlike “sensitive” information, “business” information may, under certain circumstances, be disclosed to the public. The OFI will balance the economic impact of disclosure against the public interest in access.