20210210Protective Agreement.pdf

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PROTECTIVE AGREEMENT
BETWEEN
AVISTA UTILITIES AND
IDAHO PUBLIC UTILITIES COMMISSION STAFF
(AND OTHE,R PARTIES AS APPLICABLE)
-r::11 n'J 1..')Q. iJ : it t{'vu
This Protective Agreement is entered into ttris 2 [llN day of I LI byAvista
Utilities and the Idatro Public Utilities Commission ("Staff'), in connection with Case Nos. AVU-E-
2r-0t/Avu-G-21-0t.
Recitals:
l. WHEREAS, Avista Utilities and the ldaho Public Utilities Commission Staff
(hereinafter o'Staff') anticipate that parties to this proceeding may make requests to provide, or make
available ftrr review, certain information, considered by its custodian to be of a trade secret,
privileged or confidential nature (as defined in ldaho Cade gg 74-10? through 74-l}g and 48-B0l ).
2. WHEREAS, Avista Utilities and the undersigned parties agree that entering into a
Protective Agreement will expedite the production of documents; will afford 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 parameters for use of Confidential Information, and will protect
Confidential Information which might be provided during the course of the proceedings, now
therefore,
IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS:
l. (a) Conlideptial Informstion
All documents, data, information, studies and other materials furnished pursuant to any
requests for information, subpoenas or other modes ofdiscovery (formal or informal), and including
depositions, that are claimed to be of trade secrct, proprietary or confidential nature (herein referred
to as "Confidential Information") shall be so marked by the parly or entity providing the information
by stamping the same with a designation indicating is &ade secret, proprietary or confidential nature
and printed on "yellof' paper. IDAPA 31.01.01.06?. Any claim of confidentiality must be
accompanied by an atlorney's certificate that the material is protected by law from public disclosure
and cite the specific legal authority ro support the claim. IDAPA 31.01 .01.233.
PROTECTIVE AGREEMENT
(b) Protection of Confidential Informa,lioq
Access to and review of Confidential Information shall be strictly conbolled 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 Conlidential Infprntetion
All persons who may be entitled to review, or who are afforded access to any Confidential
lnformation 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 ofthe proceedings, and then solely as contemplated herein, and shall keep the Confidential
lnformation secure as trade secret, confidential orproprietary information and in accordance with the
purposes and intent of this Agreement.
(d) 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.
(e) Non-disclosure Aereement
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 o'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 shallcontain the
signatory's full name, permanent address and employer. Such agreement shall be delivered to
counsel for the providing party, before disctosure is made.
2. Cooies
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.
3. Non-wriver of Obiection to Admissibilitv
PROTECTIVE AGREEMENT )
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. Chrllenee to Conlidentialitv
(a) Initial Challenee
This Protective Agreement establishes a procedure for the expeditious handling of
information that a party claims is confidential. Any party may challenge the characterization ofany
information, document, data or study claimed by the providing party to be a trade secret, proprietary
or confidential information. A party seeking to challenge the confidentiality of any information shall
first contact 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) SubseouentChallense
In the event that the parties cannot agrce as to the character of the information challenged,
any pany 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 chaflenging party.
(c) Challense Hearins
The challenging pary 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 Agreemenr.
(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 (ldoho Coda $ $ 7+ I 0l through 7+126). If information is found to be not
PROTECTIVE ACREEMENT 3
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 five (5) business days unless the providing
party eonsents to such eonduet. 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) Receiot Into Evidence
Provision is hereby made for receipt into evidence in this proceeding of materials claimed to
be confidential in the following manner:
(l) lf the requesting party intends to use Confrdentiat Information or to make
substantive reference to Confidential Information 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 substantivs reference to Confidential Information only to the providing
party, and such other parties, if any, who have executed an Exhibit "A'o to
this Protective Agreement.
(2) One (l ) copy of the used Confidential Information or substantive rcference 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 'CONtr'IITENTIAL - 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.
(c) Ir Csrrrera Hearins and Tqanscripts
Any Confidential Information that must be orally disclosed at a hearing in the proceedings
shall be offered atdnin camera hearingo attended only by per$ons authorized to have access to the
information under this Protective Agreement. Similarly, any transcription of any examination or
PROTECTTVE AGREEMENT 4
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 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 final jurisdiction.
(e) Apoerl
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 infonnation and use of the coufi. Ifa portion ofthe record is forwarded to
a court under seal for the purposes of an appeal, the providing party shall be notified which portion
ofthe sealed record has been designated by the appealing party as necessary to the record on appeal.
6. Use in Pleadines
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. TNs sealed section shall be served only on counsel of record
who have signed the nondisclosure agreements set forth in Exhibit "A'n attached to this protective
Agreement, and may, in turnn be disclosed by them only to individuals who likewise signed Exhibit
..Arr.
7. Summarry of Record
If deemed necessary by the Commission, the providing pafiies shall prepare a written
summary of the Confidential Information referred to in Orders to be issued to the public and the
parties.
8. Return or Destruction of Confidentisl Information
(a) Upon request of the providing party, all originat documents and copies of the
Confidential Information shall be: (l) retumed to the providing parry; or (2) or at the option of the
5PROTECTIVE AGREEMENT
recipient destroyed within thirty (30) days after the final settlement or conclusion ofthe proceedings,
including administrative or judicial review thereof. After return or destruction of documents
pursuant to this paragraph, and upon request, a written receipt veri$ing 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 Information under seal. Notwithstanding any other
provision in this Agreement, any member of Staffmay review and use that copy ofthe Confrdential
Information outside this proceeding while performing his or her duties as a Staffmember. Staffs
use and disclosure ofthe Confidential Information in a later Commission proceeding shall 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 lnformation provided under this Agreement shall, upon request ofthe
providing party, be either returned to the providing parly or, at the option of the recipient, desfioyed.
9. Effective Date
This Protective Agreement shall become effective on the date hereof.
6PROTECTIVE AGREEMENT
DATED this 28th day of Janual.y,Z0}l.
AVISTA UTILITIES
AvisA Corporation
P.O. Box 3727
l4l I E. Mission Ave.
Spokrne WA99220-3727
vice President and chief counsel of Regulatory and Govemment Affairs
Avista Corporation
TDAHO PUBLIC UTILITIES COMMISSTON STATT'
a{.nflI
Deputy Attomey General
Idaho Public Utilities Commission
4?2 West Washington Sbeet
Boise,lD 83702
Attorney Reprcsenting
Idaho Public Utilities Commissbn Staff
7PROTECTIVE AGREEMENT
EXHIBIT..AI'
I have reviewed the foregoing Protective Agreement dated Jonuary 28, 2021, in Case Nos. AVU-E'
2I-01/AVU-G-21-01 and agree to be bound by the terms and conditions of such Agreement.
J-; C-fd-
Terri Carlock
Puhlic Commi-ssion
Employeror Firm
I l33l W. Chinden Blvd., Building 8, Suite 201-A
Boise.83714
Business Address
(tnmm sr^fF
Party
e)q ) eoel
Date
IPROTECTIVE AGREEMENT
EXHIBIT "A''
I have reviewed the foregoing Prolective Agreement dated January 28,2A21, in Cuse Nos. AVU-E-21-
0!/AVU-G-21-01 and agree to be bound by the terms and conditions of such Agreement.
Chris Hecht ernail"
Chris Hecht
Employer or
I l33l W. Chinden Blvd., Building 8, Suire 201-A
Boise- Idaho R3714
Business Address
Commission
Party
Fehrrrarv ?
Date
EXHIBIT "A''
I have revierved the forcgoing Protective Agreement doted January 28,2021, in Case Nos. AVU-E-
2l-0|/AVU-G-21-01 and agree to be bound by the tenns and conditions of suclt Agreement.
Donn
Puhlic Uti Commission
Employer or Firm
I I33l W. Chinden Blvd., Building 8, Suite 201-A
Boise- ldaho 7t4
Business Address
Commission Staff
Party
>t
Date
IPROTECTIVE ACREEMENT
EXHIBIT "A''
I have revicwed the foregoing Protective Agreement dated January ?8,2021, in Case Nos. AVU-E-
2l-01/AVU-G-21{l and agree to be bound by the tenns and conditions of such Agreement.
Brad
Puhlic I itilities Commissinn
Employer or Firm
I133: W. Chinden Blvd., Building SSuite 201-A
Baise, Ideho fl1714
Business Address
Commission Staff
Party
Z 3 )t
Date
IPROTECTIVE AGREEMENT
EXHIBIT..A'
I have reviewed the foregoing Protective Agreement dated January 28,2A21, in Case Nos. AVU-E-
2I-01/AVU-G-21-01 and agree to be bound by the terms and conditions of such Agreernent.
"/
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Travis Culbertson
Puhlic Utilities Commission
Employer or Firm
I l33l W. Chinden Blvd., Building SSuite 201-A
Boise.Idaho 83714
Business Address
Commission Staff
Party
z- j- Ttzt
Date
IPROTECTTVE AGREEMENT
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated January 28,ZAZI, in Casc Nos. AW-E-
2!-01/AVU-G-21-01 and agrce to be bound by the terms and conditions of such Agreement.
/4 PIL
Jolene
Prrhlic I ltilities Commi"ssion
Employer or Firm
I l33l W. Chinden Blvd., Building 8Suite 201-A
Rnise ldahn R1?14
Business Address
Commi-ssion Staff
Party
.*/aw
Date
IPROTECTIVE AGREEMENT
3}ilIIBIT "A"
I have reviewed the foregoing Protective Agreement dated January 28,2021, in Case Nos. AVU-E-
2l-0llAW-G-2t41 and agree to be bound by the terms and conditions of such Agreernent.
Johan Kalala-Kasanda
Public Utilities Cornmission
Employer or Firm
I l33l W. Chinden Blvd., Building SSuite 201-A
Ilnicp lrlnhn R?71d
Business Address
Commission Staff
Party
Ll 3/ Z-d,r,t
Date
8PROTECTIVE AGREEMENT
EXHIBIT "A''
I hrve revierved the foregoing Protectlve Agreemcnt dated January 28,2021, in Case Nos. AVU-E-
2l-01/AVU-G-21-01 and agree to be bound by the tcnns and conditions of suclr Agreement.
Prrhlie I Itilitiec Cnmmiccinn
Employer or Firm
11331 W. Chinden Blvd., Building SSuite 201-A
Boise. Idaho 83714
Business Address
Commission Staff
Party
?2fi2
Date
IPROTECTIVE AGREEMENT
EXHIBIT *4"
I have reviewed the foregoing Protective Agreement dated January 28,2021, in Case Nos. AVU-E-
2l-0I/AVU-G-21-01 and agree to be bound by the terms and conditions of such Agreement.
a
Public tieq Commission
Employer or Firm
I l33l W. Chinden Blvd., Building SSuite 201'A
Rnicc Idehn 7la
Business Address
(.nmmission
Party
Date
IPROTECTIVE AGREEMENT
EXHIBIT ..A''
I have reviewed the foregoing Protective Agreement dated January 28,20?1, in Case Nos. AVU-E-
2l'01/AVU-G-21-01 and agrce to be bound by the terms and conditions of such Agreement.
Public Utilities Commi.ssion
Employer or Firm
I l33l W. Chinden Blvd., Building SSuite 20t-A
Boise.ldaho 7t4
Business Address
Commission
Party
Date
IPROTECTIVE AGREEMENT
EXHIBTT *A'
I have reviewed the foregoing Protective Agreement dated January 2E,z02l, in Case Nos. AVU-E-
2l-01/AVU-O-21-01 and egree to be bound by the lerms and conditions of such Agreement.
Vilaiaal C tu,-;
Mike Louis
Public Utiliti Commission
Employer or Firm
I l33l W. Chinden Blvd., Building SSuite 201-A
Boise- ldaho 714
Business Address
Cnmmission
Party
213t2021
Date
fiPROTECTIVE AGREEMENT
EXHIBIT "A'
I have reviewed the foregoing Protective Agreement dated January 28,2021, in Case Nos. AVU-E-
2l-0llAVU-G-21-01 and agree to be bound by the terms and conditions of such Agreement.
?r*
Yao Yin
Public Utilities Commission
Employer or Firm
I l33l W. Chinden Blvd., Building SSuite 201-A
Boise. Idaho 83714
Business Address
Commission Staff
Party
21412021
Date
IPROTECTIVE ACREEMENT
EXHIBIT "A''
I have reviewed the foregoing Protective Agreernent dated January 28,2021, in Case Nos. AVU-E-
2 I -0 I /AW-G-2 I -0 1 and agree to be bound by the ten:rs and conditions of such Agreement.
Public Utilities Commission
Employer or Firm
I l33l W. Chinden Blvd., Building SSuite 201-4
Boise- Idaho 83714
Business Address
Commission Staff
Party
IPROTECTIVE AGREEMENT
EXHIBIT "A''
I have rcticrved the forcgoing Proleclive Agrccment datcd January 28,2021, in Casc Nos. AVU-ti
3l-0I/AVU-G-?1-01 and agree to he bound by thc tcrms and conditions of such Agreemcnt.
I i. .*.)
R Keller
I'}ublic Utilities Commission
[nrployer or Firnr
:1331 W. Chinden Blvd., Building SSuitc 201-A
Boise. Idaho 83714
llusiness Addrcss
Comnrission Staff
Party
L I 7
Bate
IPROTECTIVE AGREEM IiNl'
EXIIIBIT 6'A''
I have reviewed the forcgoing Protective Agreement dated January 28,2021, in Case Nos. AVU-E-
2I-01/AVU-G-21-OI and agree to be bound by the terms and conditions of such Agreement.
)?
"-4 __r-
Josh lfaver
Puhlic Utilities Commission
EmployerorFirm
I l33l W. Chinden Blvd., Building 8Suite 201-A
Boise- Idaho 83714
Business Addrcss
Commission Staff
Party
(
Date
IPROTECTTVE AGREEMENT
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated Januory 28,2A21, in Case Nos. AVU-E-
2I-01/AVU-G-21-01 and agree to b bound by the terms and conditions of such Agreement.
Daniel Klein
Prrhlio I hiliticc l-nnrrniccinn
Employer or Firm
I I33l W. Chinden Blvd., Building SSuite 201-A
Rnice Idnhn P??ta
Business Address
l.nrnrrriccinn StofT
Party
L^ l0 - 2-'
Date
IPROTECTIVE ACREEMENT