388.9 - COMPETITIVE INFORMATION.

        388.9  COMPETITIVE INFORMATION.         1.  Notwithstanding section 21.5, subsection 1, the governing body      of a city utility or combined utility system, or a city enterprise or      combined city enterprise as defined in section 384.80, by a vote of      two-thirds of the members of the body or all of the members present      at the meeting, may hold a closed session to discuss marketing and      pricing strategies or proprietary information if its competitive      position would be harmed by public disclosure not required of      potential or actual competitors, and if no public purpose would be      served by such disclosure.  The minutes and a tape recording of a      session closed under this subsection shall be available for public      examination at that point in time when the public disclosure would no      longer harm the utility's competitive position.         2. a.  Notwithstanding section 22.2, subsection 1, public      records of a city utility or combined utility system, or a city      enterprise or combined city enterprise as defined in section 384.80,      which shall not be examined or copied as of right, include      proprietary information, records of customer names and accounts,      records associated with marketing or pricing strategies, preliminary      working papers, spreadsheet scenarios, and cost data, if the      competitive position of the city utility, combined utility system,      city enterprise, or combined city enterprise would be harmed by      public disclosure not required of a potential or actual competitor,      and if no public purpose would be served by such disclosure.  A      public record not subject to examination or copying under this      subsection shall be available for public examination and copying at      that point in time when public disclosure would no longer harm the      competitive position of the city utility, combined utility system,      city enterprise, or combined city enterprise.         b.  For purposes of this subsection, "proprietary      information" includes customer records that if disclosed would harm      the competitive position of a customer; or information required by a      noncustomer contracting party to be kept confidential pursuant to a      nondisclosure agreement which relates to electric transmission      planning and construction, critical energy infrastructure, an      ownership interest or acquisition of an ownership interest in an      electric generating facility, or other information made confidential      by law or rule.  
         Section History: Recent Form
         99 Acts, ch 63, §3, 8; 2008 Acts, ch 1126, §16, 33         Referred to in § 388.10         Legislative intent; 99 Acts, ch 63, §1