20190702Protective Agreement.pdf

PROTECTIVE AGREEMENT
BETWEEN
AVISTA UTILITIES AND
IDAHO PUBLIC UTILITIES COMMISSION STAFF
(AND OTHER PARTIES AS APPLICABLE)
This Protective Agreement is entered into this 7th day of June by Avista Utilities and the
Idaho Public Utilities Commission ("Staff'), in connection with Case No. AVU-E-19-04.
Recitals:
l. WHEREAS' Avista Utilities and the ldaho Public Utilities Commission Staff
(hereinafter "Staff') anticipate that pafiies to lhis proceeding may make requests to provide, ormake
available for review, certain information, considered by its custodian to be of a trade secret,
privileged orconfidentialnature (asdefined inldaho Code $$ 74-107 through 74-109 and48-801).
2. WHEREAS, Avista Utilities and the undersigned parties agree that entering into a
Protective Agreement will expedite the production of documents; will affiord the necessary protection
to Avista Utilities and the undersigned parties' employees and/or representatives in the proceeding
who might review the information and subsequently be requested to reveal its contents by setting
forth clear cut par.lmeters for use of Confidential Information, and will protect Confidential
Information which might be provided during the course of the proceedings, now therefore,
IT IS HERJ1BY STIPULATED AND AGRBED AS FOLLOWS:
l. (a) Confidential Information
AII documents, data, information, studies and other materials fumished pursuant to any
requests for information, subpoenas or othermodes ofdiscovery (formal or informal), and including
depositions, that are claimed to be of trade secret, proprietary orconfidential nature (herein referred
to as "Confidential Information") shall be so marked by the party or entity providing the information
by stamping the same with a designalion indicating its trade secret, proprietary or confidential nature
and printed on "yellow" paper. IDAPA 31.01.01.067. Any claim of confidentiality must be
accompanied by an attorney's certificate that the material is protected by law from public disclosure
and cite the specific legal authority to support the claim. IDAPA 31.01.01.233.
PROTECTIVE AGREEMENT I
(b) Protection of Confidential,,ILforrn atio n
Access to and review of Confidential lnformation shall be strictly controlled by the terms of
this Agreement. Unless otherwise ordered, Confidential Information, including transcripts of
depositions containing information to which a claim of confidentiality is made, shall remain under
seal, shall continue to be subject to the protective requirements of this Agreement, and shall not be
disclosed to individuals who have not executed the nondisclosure agreement set forth in Exhibit "A."
(c) Use of Confidential Information
All persons who may be entitled to review, or who are a{forded 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 for and
conduct of the proceedings, and then solely as contemplated herein, 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.
(d) Pef$ons Entitled to Review
Access to Confidential Information shall be limiled 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.
(e) Non-disclg.s,Ere Asreement
Confidential lnformation 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 Protective Agreement and to certiff 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.
2. Conies
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 Protective Agreement.
2PROTECTIVE AGREEMENT
3. Non-waiver gf 9biection to Admissibility
The furnishing of any document, information, data, study or other materials pursuant to this
Protective 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.
4, Challenee to Confidentialitv
(a) Initial C_hEllense
This Protective Agreement establishes a procedure for the expeditious handling of
information that a party claims is confidential. Any party may challenge the characterization of any
information, document, data or study claimed by the providing pa$y to be a trade secret, proprietary
or confidential information. A party seeking to challenge the confidentiality of any information shall
first conlact counsel for the providing party and attempt to resolve any difference by stipulation.
Resolution may include removing the confidential classifications, creating a non-confidential
summary, reformatting the information, etc.
(b) SubsequentChallenee
In the event that the parties cannot agree as to the character of the information challenged,
any party challenging the confidentiality may petition the Commission to rule upon the disputed
information. The Petition shall be served upon the Commission and all parties to the case who have
signed on Exhibit "A" as provided in this Protective Agreement. The Petition shall designate with
specificity the document or material challenged and state the grounds upon which the subject
material are deemed to be non-confidential by the challenging party.
(c) Challense Hearins
The challenging party shall request that the Commission conduct an in camera proceeding
where only those persons duly authorized to have access to such challenged materials under this
Protective Agreement shall be present. This hearing shall be commenced no earlier than five (5)
business days after serving the Petition on the providing party and the Commission. The record of
the in camera hearing shall be marked "CONFIDENTIAL - Subject to Protective Agreement."
To the extent necessary, the transcript of such hearing shall be separately bound, segregated, sealed,
and withheld from public inspection by any person not bound by the terms of this Agreement.
PROTECTTVE AGREEMENT 3
(d) Determination
The parties will ask the Commission to issue an Order determining whether any challenged
information or material is not properly deemed to be exempt from public disclosure pursuant to the
Idaho Public Records Act(ldaho Code $$ 74-l0l through 74-126). If information is foundto be not
exempt from disclosure, no party shall disclose such challenged material or use it in the public
record, or otherwise outside the proceedings for at least frve (5) business days unless the providing
party consents to such conduct. This procedure enables the restrictions of this Agreement from
material claimed to be confidential. Such relief may be sought from the Commission or a court of
competent jurisdiction.
5. (a) BSpelp! lglgt_Evidence
Provision is hereby made for receipt into evidence in this proceeding of materials claimed to
be confidential in the following manner:
(l) If the requesting parry intends to use Confidential Information or to make
substantive reference to Confidential lnformation supplied to it under this
Agreement, it shall give reasonable prior notice of such intention to the
providing party and shall provide copies ofthe used Confidential Information
or substantive reference to Confidential Information only to the providing
party, and such other parties, if any, who have executed an Exhibit "A" to this
Protective Agreement.
(2') One (l ) copy of the used Confidentia! Information or substantive reference to
Confidential Information or substantive reference to Confidential Information
described in paragraph 5(a)(l) shall be placed in the sealed record.
(3) The copy of the documents to be placed in the sealed record shall be tendered
by counsel for the providing party to the Commission, and shall be
maintained in accordance with the terms of this Protective Agreement.
(b) Seal
While in the custody of the Commission, materials containing Confidential Information shall
be marked "CONFIDENTIAL - SUBJECT TO ATTORNEY'S CERTIFICATE OF
CONFIDENTIALITY" and shall not be examined by any person except under the conditions set
forth in this Agreement, if applicable.
4PROTECTIVE AGREEMENT
(c) ftr Canrerc Hparins and Transcripts
Any Confidential Information that must be orally disclosed at a hearing in the proceedings
shall be oflered at an in camera hearing, attended only by persons authorized to have access to the
information under this Protective 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 3'A" as provided in this Protective 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 andlor the
final order of a court having finaljurisdiction.
(e) Anneal
Should an appeal from the proceeding be taken, sealed portions of the record may be
forwarded to any court of competent jurisdiction for purposes of an appeal, but under seal as
designated herein for the information and use of the court. If a portion ofthe record is forwarded to a
court under seal for the purposes of an appeal, the providing parry shall be notified which portion of
the sealed record has been designated by the appealing party as necessary to the record on appeal.
6. Use in Plcadines
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), 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 5. This sealed section shall be served only on counsel of record
who have signed the nondisclosure agreements set forth in Exhibit "A" attached to this Protective
Agreement, and may, in turn, be disctosed by them only to individuals who likewise signed Exhibit
*A,.
PROTECTIVE AGREEMENT 5
7. Summan of Record
If deemed necessary by the Commission, the providing panies shall prepare a written
summary of the Confidential Information referred to in Orders to be issued to the public and the
parties.
8. Re(rlrn or Destruction of Confidential Information
(a) Upon request of the providing party, all original documents and copies of the
Confidential Information shall be: (l) returned to the providing party; or (2) or at the option of the
recipient destroyed within thirty (30) days after the final settlement or conclusion of the proceedings,
including administrative or judicial review thereof. After return or destruction of documents
pursuant to this paragraph, and upon request, a written receipt veriffing return ordestruction shall be
provided by counsel.
(b) On a case-by-case basis and upon notification to the utility, the Commission Staff
may retain one copy of the Confidential Intbrmation under seal. Notwithstanding any other
provision in this Agreement, any member of Staffmay review and use that copy ofthe Confidential
Information outside this proceeding while performing his or her duties as a Staff member. Staffs
use and disclosure of the Confidential Information in a laterCommission proceedingshall be subject
to any protective agreement signed in the proceeding.
(c) 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 ofthe
providing parfy, be either retumed to the providing party or, at the option of the recipient, destroyed.
9. Effective Date
This Protective Agreement shall become effective on the date hereof.
PROTECTIVE AGREEMENT 6
DATED this 7th day of June,2019.
AVISTA UTILITIES
fl/*
David J. iut"yf{
Avista Corporation
P.O.Box3727
l4ll E. Mission Ave.
Spokane, WA99220-3727
Vice President and Chief Counselof Regulatory and Govemment Affairs
Avista Corporation
IDAHO PUBLIC UTILITIES COMMISSION STAFF
n-ttfiwtn,to rr
Attorney General
Public Utilities Commission
472 West Washington Street
Boise,lD 83702
Atlorney Representing
ldaho Public Utilities Comrnission Staff
7PROTECTTVE AGREEMENT
EXI{IBIT "A'
I have revierved the foregoing Protective Agreement dated June 7'!, 2019, in Case No. AVU-E-19-04
and agree to be bound by the terms and conditions of suclr Agreement.
>&jj
Edward Jew$Denuty Attorney Ceneral
Public Utilities Commission
Employer or Firm
472 W-WasbiLoston Street. Boise, ID 83702
Business Address
Attorney for Comnrission Staff
Party
c"{rU t1
Date
IPROTECTIVE AGREEMENT
DATED this 7th day of Junc, 2019.
AVISTA UTILITIES
David J. Meyer
Avista Corporation
P.O, Ilox 3727
l4t I [. Mission Ave.
Spokane. WA99220-3727
Vice I'resident and Clricf Counsel of Regulalory and Govcrrrnrent Allairs
Avista Corporation
IDAI-IO FOREST GROUI' LLC
B1'R,a /v,{i",-
Ronald L. Williams
Williarns Bradbury. P.C"
PO Box 388
802 W Bannock, Suite LP 100
Boise. ID 83702
Representing
Idaho [iorest Group [-l-C
7PROI"ECTIVE AGREEM I]Nl'
rr.,
EXIIIBIT.'A''
I have revierved the tbregoing Protective Agreement dated June 7,2A19 in Case No. AVti-E- 19-04 ancl
agree to be bound by the terrns and conditions of such Agrcenrenl.
Ra rw,v,---
Name: Ronald L. Williams
Williams lJradbun,.P.C.
Employer or [;irnt
P,O. Box 388. 802 W.St.. Suite LP 100
Business Address
klnlro Foresl Grorrn- LLC
Party
June 21.2019
Date
8PRO'I'ECTI VE ACREEM EN1'
EXHIBIT "A"
I have revierved the foregoing Protective Agreement dated June 7e.,2019, in Case No. AVU-E-19-04
and agree to be bound by the terms and conditions of such Agreernent.
J
Public Utilities Commission
Employer or Firm
472 W . Washincton Street. Boise. ID 83702
Business Address
Commission Staff
Party
lq /pslf
Date
IPROTECTIVE AGREEMENT
1 ./',
n
/1/p
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated June 7do,2019, in Case No. AVU-E-19-04
and agree to be bound by the terms and conditions of such Agreement.
Keyt
Public Utilities Commission
Employer or Firm
472W. Washinston Street. Boise. ID 83702
Business Address
Commission Staff
Party
Date
ffPROTECTIVE AGREEMENT
EXHIBIT I(A"
I have reviewed the foregoing Protective Agreement dated June 71A,2A19, in Case No. AW-E-I9-04
and agree lo be bound by the terms and conditions of sucb Agrecment.
Public lltilities Commission
Employer or Firm
472W. Washineton Steet. Boise. ID 83702
Business Address
Commission Staff
Party
r*fi4ffiDaGl-_I-
IPROTECTryE AGREEMENT
1
EXHIBIT ..AN'
I have revierved the foregoing Protective Agreement dated June 7'h,2019, in Case No. AVU-E-19-04
and agree to be bound by the tcnns and conditions of such Agreement.
trau
Yao Yin
Public Utilities Commission
Employer or Firm
472 W. Wash-bston Street. Boise,ID 83702
Business Address
Commission Staff
l'arty
b{} lterq-
Date
IPROTECTIVE AGREEMENT
EXHIBIT ..A"
I have revierved the foregoing Protective Agreement dated June 7tt, 2019, in Case No. AVU-E-I9-04
and agree to be bound by the terms and conditions of such Agreement.
w@
Michael Eldred
Public Utilities Commission
Employer or Firm
472W. Washinston Street. Boise.lD 837 .
Business Address
Commission Staff
Party
a/t,tltL
Date
IPROTECTTVE AGREEMENT
EXHIBIT "A''
I have revierved the foregoing Protective Agreement dated June 7tr', 2019, in Case No. AVU'E-19-04
and agree to be bound by the terms and conditions of such Agreement.
Public Utilities Commission
Employer or Firm
472 W . Washineton Street. Boise. ID 83702
Business Address
Commission Staff
Party
b Itt I ,t
Date
IPROTECTIVE ACREEMENT
EXHIBIT .,A"
I have reviewed the foregoing Protective Agreement dated June 7dn,2019, in Case No. AVU-E-19-04
and agree to be bound by the terms and conditions of such Agreement.
Jolene
b
Publ ic Utilities Commission
Employer or Firm
47? W Warhinolon .Strr.e.f rD 83702
Business Address
Commission Staff
Party
t-1 t7
Date
8PROTECTTVE AGREEMENT
1 fr
EXHIBIT "A'
I have revierved the foregoing Protective Agreement dated June 7tr', 2019, in Case No. AVU-E-19-04
and agree to be bound by the terms and conditions of such Agreement.{w
Travis Culbertson
PublLc Utilities Commission
Employer or Firm
47) W Washinotnn Slrept se. ID 83702
Business Address
(.nmmisqinn Srnff
Party
(,ll
8PROTECTIVE AGREEMENT
EXHIBIT "A'
I have revierved the foregoing Protective Agreement dated June 7rr', 2019, in Case No. AVU-E-19-04
and agree to be bound by the terms and conditions of suclr Agreement.
Public tjtilities Commission
Ernployer or Firm
4T2ltl,Washinston Street. Boise. lD 83702
Business Address
Commission Staff
Pa*y
c9
Date
IPROTECTIVE ACREEMENT
I
EXHIBIT (A''
I have reviewed the foregoing Protective Agreement dated June 7t.,2019, in Case No. AVU-E-19-04
and agree to be bound by the terms and conditions of such Agreement.
,\
Keller
Public Urilities Commission
Employer or Firm
472 W . Washineton Street. Boise. ID 83 702
Business Address
Commission Staff
Party
s/,i l,q
Date
IPROTECTIVE AGREEMENT
EXHIBIT "A'
I have revierved the foregoing Protective Agreement dated June 7dn,2019, in Case No. AVU-E-19-04
and agree to be bound by the terms and conditions of such Agreement.
Puhlic I Itilitiee Cnmmiscinn
Employer or Firm
472 W. Washinpton Street-ID 83702
Business Address
eommissioa Slaft
Party
r4oo /4d,znlg
(
Dz,/
IPROTECTIVE ACREEMENT
EXHIBIT ..A''
I have reviewed the foregoing Protective Agreement dated June 7'h,2019, in Case No. AVU-E-19-04
and agree to be bound by the terms and conditions of such Agreement.
*J
Beverly
Public Uti lities Commission
Employer or Finn
472 W . Washinston Street . ID 83702
Business Address
Commission Staff
Party
0 {
Date
IPROTECTTVE AGREEMENT
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated June 7't',2019, in Case No. AVU-E-19-04
and agree to be bound by the terms and conditions of such Agreement.
(5l* ;r,-rrr,,\fn '[}h 0,.{r"^S-
Stacey DonQhu|
Public Utilities Commission
Employer or Firm
472W. Washinaton Street. Boise. ID 83702
Business Address
Commission Staff
Party
* I t+lto fi
Date
IPROTECTIVE AGREEMENT
EXHIBIT "A'
I have reviewed the foregoing Protective Agreement dated June 7,fi,2019, in Case No. AVU-E-19-04
and agree to be bound by the terms and conditions of such Agreement.
Louis
Public Utilities Commission
Employer or Firm
472 W. Washineton Street. Boise. ID 83702
Business Address
Commission Staff
Party
Date
8PROTECTIVE AGREEMENT
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated Junc 7b,2019, in Case No. AVU-E-I9-04
and agree to be bound by the terms and conditions of such Agreement.
Public Utilities Commission
Employer or Firm
472W. Washinston Street. Boise. lD 83702
Business Address
Commission Staff
Party
Date
IPROTECTryE AGREEMENT
EXHIBIT OA''
I have reviewed the foregoing Prolective Agreement dated June 7*',2019, in Case No. AVU-E-19-04
and agree to be bound by the terms and conditions of such Agreement.
*{..[1 r
'Juuu- LS,ti,
Terri Carlock
Public lJtilities Conrmission
Employer or Firm
+72W. Washinston Street. Boise. ID 83702
Business Address
Comlrrissinn StnFf
Party
Date
")-)c(a0l
8PROTECTIVE AGREEMENT