(a) Except as provided in subsection (b) of this section, all information submitted to the Commission under this section and §§12.109-12.114 of this title (relating to General Requirements for Coal Exploration) shall be made available for public inspection and copying at the local offices of the Commission closest to the exploration area.      
        (b) Confidentiality shall be governed as follows:        
          (1) the Commission shall not make information available for public inspection if the person submitting it requests in writing, at the time of submission, that it not be disclosed and the Commission determines that the information is confidential.          
            (2) the Commission shall determine that information is confidential only if it concerns trade secrets or is privileged commercial or financial information which relates to the competitive rights of the person intending to conduct coal exploration.            
              (3) information requested to be held as confidential under this section shall not be made publicly available until after notice and opportunity to be heard is afforded both persons seeking and opposing disclosure of the information.             
     Source Note:        The provisions of this §12.115 adopted to be effective April 7, 1997, 22 TexReg 3093.