20240423Protective Agreement.pdf

RECEIVED
Tuesday,April 23,2024 9:42 AM
IDAHO PUBLIC
UTILITIES COMMISSION
PROTECTIVE AGREEMENT
PACIFICORP DBA ROCKY MOUNTAIN POWER
APPLICATION OF ROCKY MOUNTAIN POWER REQUESTING
APPROVAL OF NET POWER COST DEFERRAL
(2023 ECAM)
This Protective Agreement is entered into this 20 day of February,2024,by PacifiCorp
dba Rocky Mountain Power("Rocky Mountain Power"or"Company") and Idaho Public Utilities
Commission Staff("Commission Staff').
RECITALS
WHEREAS, the Company will file on or before March 28, 2024, an Application
Requesting Approval for Net Power Cost Deferral for the 2023 deferral period ("2023 ECAM");
WHEREAS, in connection with such filing, the Company anticipates providing
Commission Staff access to certain confidential information, which requires execution of this
Agreement as a condition precedent to such discussions and exchange of such confidential
information further described herein; and
WHEREAS, Rocky Mountain Power and Commission Staff agree that entering into an
Agreement will expedite the review process; will afford the necessary protection to Rocky
Mountain Power's and Commission Staff s employees and/or representatives who might review
the information and subsequently be requested to reveal its contents by setting forth clear cut
parameters for use of Confidential Information, and will protect Confidential Information which
might be provided hereafter.
THEREFORE, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS:
1. Confidential Information.
All documents, data, information, studies and other materials furnished pursuant to any
requests for information, subpoenas or other modes of discovery (formal or informal), and
including depositions, that are claimed to be of trade secret, proprietary or confidential nature
PROTECTIVE AGREEMENT 1

(herein referred to as "Confidential Information") shall be so marked by the party or entity
providing the information by stamping the same with a designation indicating its trade secret,
proprietary or confidential nature and printed on yellow paper. Access to and review of
Confidential Information shall be strictly controlled by the terms of this Agreement.
(a) Use of Confidential Information.
All persons who may be entitled to review, or who are afforded access to any Confidential
Information by reason of this Agreement shall neither use nor disclose the Confidential
Information for purposes of business or competition, or any purpose other than the purpose of
preparation and conduct of the 2023 ECAM, and shall keep the Confidential Information secure
as trade secret, confidential or proprietary information and in accordance with the purposes and
intent of this Agreement.
(b) Persons Entitled to Review.
Access to Confidential Information shall be limited to counsel of the undersigned parties,
employees, experts, agents or representatives of the undersigned parties who have executed an
Exhibit A to this Agreement. Such information will be clearly marked and protected from
unauthorized public disclosure.
(c) Non-disclosure Agreement.
Confidential Information shall not be disclosed to any person who has not signed a non-
disclosure agreement on this form, which is attached hereto as Exhibit A and incorporated herein.
The non-disclosure agreement or Exhibit A shall require the person to whom disclosure is to be
made to read a copy of this Agreement and to certify in writing that he or she has reviewed the
same and has consented to be bound by its terms. The Agreement shall contain the signatory's full
name, permanent address and employer. Such agreement shall be delivered to counsel for the
providing party, before disclosure is made.
PROTECTIVE AGREEMENT 2

2. (a) Copies
No copies or transcriptions of the Confidential Information shall be made by the recipient
except as necessary to make the information available to individuals who have executed an Exhibit
A to this Agreement.
(b) Return of Confidential Information
(i) All original documents and copies of the Confidential Information shall, at the
providing party's option, be: (1) returned to the providing party or (2) shredded by the holder of
such documents within thirty (30) days after the conclusion of the 2023 ECAM. Upon request,
counsel for the receiving party shall certify in writing to the providing party that the information
has been either returned or shredded as described above.
Unless otherwise ordered, Confidential Information, including transcripts of
depositions containing information to which a claim of confidentiality is made, shall remain under
seal until returned or shredded as described above; however, this shall not affect any obligation to
ensure the Confidential Information received by the Parties is kept confidential, which obligation
shall continue indefinitely.
(ii) On a case-by-case basis and upon notification to the utility,the Commission Staff may
retain one copy of the Confidential Information under seal. Notwithstanding any other provision
in this Agreement, any member of Staff may review and use that copy of the Confidential
Information outside this proceeding while performing his or her duties as a Staff member by
signing an Exhibit A. Staff s use and disclosure of the Confidential Information in a later
Commission proceeding shall be subject to any protective agreement signed in the subsequent
proceeding.
(c) Return of Notes.
Any notes maintained by a recipient of Confidential Information which embody or reflect
any of the Confidential Information provided under this Agreement shall, upon request of the
PROTECTIVE AGREEMENT 3

providing party, be either returned to the providing party or, at the option of the recipient,
destroyed.
3. Non-waiver of Obiection to Admissibility.
(a) The furnishing of any document, information, data, study or other materials pursuant
to this Agreement shall in no way limit or waive the right of the providing party to object to its
relevance or admissibility in any proceedings before this Commission.
(b) Seal.
While in the custody of the Commission, materials containing Confidential Information
shall be marked "CONFIDENTIAL — Subject to Protective Agreement" and shall not be
examined by any person except under the conditions set forth in this Agreement, if applicable.
(c) In Camera Hearing and Transcripts.
Any Confidential Information that must be orally disclosed at a hearing shall be offered at
an in camera hearing, attended only by persons authorized to have access to the information under
this Agreement. Similarly, any transcription of any examination or other reference to Confidential
Information (or that portion of the record containing Confidential Information) shall be marked
and treated as provided herein for Confidential Information.
(d) Access to Record.
Access to sealed testimony, records, and information shall be limited to the Commission
and persons who have signed an Exhibit A as provided in this Agreement,unless such information
is released from the restrictions of this Agreement either through agreement of the parties or after
notice to the parties and hearing,pursuant to the order of the Commission and/or the final order of
a court having final jurisdiction.
PROTECTIVE AGREEMENT 4

4. Use in Pleadinl4s.
Where references to Confidential Information in the sealed record or with the custodian is
required in pleadings, briefs, arguments, or motions (except as provided in Paragraph 5) in this
case,it shall be by citation to title or exhibit number or some other description that will not disclose
the substantive Confidential Information contained therein. Any use of or substantive references
to Confidential Information shall be placed in a separate section of the pleading or brief and
submitted to the Commission pursuant to Paragraph 3. This sealed section shall be serviced only
on counsel of record who have signed the nondisclosure agreements set forth in Exhibit A attached
to this Agreement, and may, in turn,be disclosed by them only to individuals who likewise signed
Exhibit A.
5. Summary of Record.
If deemed necessary by the Commission, the providing parties shall prepare a written
summary of the Confidential Information referred to in Orders to be issued to the public and the
parties.
6. Jury Waiver.
To the fullest extent permitted by law, each of the parties hereto waives any right it may
have to a trial by jury in respect of litigation directly or indirectly arising out of, under or in
connection with this agreement. Each party further waives any right to consolidate any action in
which a jury trial has been waived with any other action in which a jury trial cannot be or has not
been waived.
7. Term.
This Agreement shall expire on the earlier of. (i) two (2) years from the date of this
Agreement, or (ii) the conclusion of the 2023 ECAM; provided, however, such termination shall
PROTECTIVE AGREEMENT 5

not affect any obligation with respect to Confidential Information received by the Parties prior to
such termination, which obligation shall continue indefinitely.
DATED this day of February, 2024.
ROCKY MOUNTAIN POWER
By:
Joe Dallas
Attorney for Rocky Mountain Power
COMMISSION STAFF
as specified in Exhibit A,below
Signature: � A-
Print Name: Chris Burdin
Party: IPUC
Role: Attorney for Commission Staff
PROTECTIVE AGREEMENT 6

EXHIBIT A
(2023 ECAM)
I am a representative, contractor or employee of the Idaho Public Utilities Commission. I have
reviewed the foregoing Protective Agreement dated the?a day of re—G 2024,
and agree to be bound by it.
Signature:
Print Name: l':Yo^i J • �= h�-t s�.(
Date: '92 Z'f
PROTECTIVE AGREEMENT 7

EXHIBIT A
(2023 ECAM)
I am a representative, contractor or employee of the Idaho Public Utilities Commission. I have
reviewed the foregoing Protective Agreement dated theM day of 2024,
and agree to be bound by it.
Signature:
Print Name: �`�� 10�\nz uc�
Date: �0 I
r �
PROTECTIVE AGREEMENT 7

EXHIBIT A
(2023 ECAM)
I am a representative, contractor or employee of the Idaho Public Utilities Commission. I have
reviewed the foregoing Protective Agreement dated the day of re �YW-ol'V,`f 2024,
and agree to be bound by it.
Signature: I
Print Name. q-1 0st►q
Date: 21 jZgZ y
PROTECTIVE AGREEMENT 7

EXHIBIT A
(2023 ECAM)
I am a representative, contractor or employee of the Idaho Public Utilities Commission. I have
reviewed the foregoing Protective Agreement dated the zZ day of A P R t�- 2024,
and agree to be bound by it.
Signature:
Print Name: M,4-Yr StAC515
I
Date: /ZZ' z.b 2-i
PROTECTIVE AGREEMENT 7

EXHIBIT A
(2023 ECAM)
I am a representative, contractor or employee of the Idaho Public Utilities Commission. I have
reviewed the foregoing Protective Agreement dated the 20 day of February 2024,
and agree to be bound by it.
Signature: � dg
Print Name:Adam Triplett, Deputy Attorney General
Date: April 23, 2024
PROTECTIVE AGREEMENT 7