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Home My WebLink About20100210Protective Agreement.pdfPROTECTIVE AGREEMENT BETWEEN AVISTA CORPORATION, lOIDr: IDAHO POWER COMPANY, PACIFICORP AND 'tEl 10 IDAHO PUBLIC UTILITIES COMMISSION STAF(¥ì¡IJ0;Yto l'i ,41111: 17 '. ,) c o'A;¡~; i (' This Protective Agreement is entered into this ~~ay of Januar 2010 by ;:~tfjp¡\J Corporation, Idaho Power Company, PacifiCorp dba Rocky Mountain Power (collectively the Utilties) and the Idaho Public Utilities Commission Staff (Staft). Recitals: 1. WHEREAS, Avista, Idaho Power, and PacifiCorp desire to make available to the Staff certain information, and Staff desires to examine certain information, respecting the Review of Surogate A voided Resource (SAR) Methodology (Case No. GNR-E-09-03). 2. WHEREAS, A vista, Idaho Power, and PacifiCorp and Staff anticipate that the Utilities may provide, or make available for review by Staff, certain information considered by Avista, Idaho Power, and PacifiCorp to be of a trade secret, privileged or confidential nature (as defined in Idaho Code § 9-340 et seq. and § 48-801 et seq.). 4. WHEREAS, A vista, Idaho Power, and PacifiCorp and Staff agree that entering into a Protective Agreement wil expedite the production of documents; will afford the necessary protection to Avista's, Idaho Power's, PacifiCorp's and Staffs employees and/or representatives in this proceeding who might review the information and subsequently be requested to reveal its contents by setting fort clear cut parameters for use of Confidential Information, and wil protect Confidential Information which might be provided hereafter, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS: 1. (a) Confidential Information. All documents, data, information, studies and other materials furnished that are claimed to be of trade secret, proprietary or confidential natue (herein referred to as "Confidential Information") shall be so marked by the Utilities by stamping the same with a designation indicating its trade secret, proprietary or confidential nature. To the extent any such Confidential Information is provided in hard copy, such hard copies shall be printed on "colored" paper. 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 PROTECTIVE AGREEMENT BETWEEN A VISTA, IDAHO POWER, AND PACIFICORP AND IDAHO PUBLIC UTILITIES COMMISSION STAFF the claim. IDAPA 31.01.01.067 and 31.01.01.233. Access to and review of Confidential Information shall be strictly controlled by the terms of this Protective Agreement. (b) 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 Protective Agreement shall neither use nor disclose the Confidential Information for purposes of business or competition, or any purose other than the purose of preparation for and conduct of Case No. GNR-E-09-03 and then solely as contemplated herein, and shall keep the Confidential Information secure as trade secret, confdential or proprieta information and in accordance with the purposes and intent of this Protective Agreement. (c) Persons Entitled to Review. Access to Confidential Information shall be limited to counsel of the undersigned paries, employees, experts, agents or representatives of the undersigned paries who have executed an Exhibit "A" to this Protective Agreement. Such information will be clearly marked and protected from unauthorized public disclosure. (d) Nondisclosure Agreement. Confidential Information shall not be disclosed to any person who has not signed a nondisclosure agreement on this form, which is attached hereto as Exhibit "A" and incorporated herein. The nondisclosure 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 certify in writing that he or she has reviewed the same and has consented to be bound by its terms. The nondisclosure agreement shall contain the signatory's full name, permanent address, and employer. Such agreement shall be delivered to counsel for each Utilty and acknowledged and approved by the Utilty before disclosure is made. 2. (a) Copies. No copies or transcriptions of the Confidential Information shall be made by Staff and/or the Utilties except as necessar to make the information available to individuals who have executed an Exhibit "A" to this Protective Agreement. (b) Return of Confidential Information. Upon request of a Utility, all original documents and copies of the Confidential Information shall be: (1) returned to the Utility, or (2) shredded by the holder of such documents. PROTECTIVE AGREEMENT BETWEEN A VISTA, IDAHO POWER, AND PACIFICORP AND IDAHO PUBLIC UTILITIES COMMISSION STAFF 2 Unless otherwse ordered, Confidential Information, including transcripts or 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 likewise, be returned to counsel for the Utilities within thirty (30) days after final settlement or conclusion of the proceedings before the Commission which Confidential Information is relevant including administrative or judicial review thereof. After return of documents pursuant to this Paragraph, and upon request, a written receipt verifying retur shall be provided by counsel. Notwithstanding any other term of this Protective Agreement, to the extent any Confidential Information cannot be fully retured or destroyed due to automatic electronic archiving systems or otherwise, such failure to return to destroy shall not be deemed a breach of this Protective Agreement, so long as such Confidential Information is maintained in accordance with the terms of this Protective Agreement. (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 a Utility, be either retured to the Utilty or, at the option ofthe recipient, destroyed. 3. Non-waiver of Objection to Admissibilty. 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 pary to object to its relevance or admissibilty in any proceedings before this Commission. 4. Challenge to Confidentiality. (a) Initial Challenge. This Protective Agreement establishes a procedure for the expeditious handling of information a Utilty claims is Confidential Information. In any proceeding before the Commission, Staff may challenge the characterization of any information, document, data, or study claimed by a Utility to be a trade secret, proprietar or confidential information. If seeking to challenge the confidentiality of any information, Staff shall first contact counsel for the Utility and attempt to resolve any difference by stipulation. Resolution may include removing the confidential classifications, creating a non-confidential sumar, reformatting the information, etc. PROTECTIVE AGREEMENT BETWEEN AVISTA, IDAHO POWER, AND PACIFICORP AND IDAHO PUBLIC UTILITIES COMMISSION STAFF 3 (b) Subsequent Challenge. In the event that the parties canot agree as to the character of the information challenged, Staff may challenge the confidentiality of the information by petitioning, in any proceeding in which the information is relevant, the Commission to rule upon the disputed information. The Petition shall be served upon the Commission and all paries to the proceeding 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 Staff. (c) Challenge Hearing. Staff 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 Utilty 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 Protective Agreement. (d) Determination. The paries 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. (Idaho Code § 9-335 et seq.) If information is found to be not exempt from disclosure, Staff shall not 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 Utilty consents to such conduct. This procedure enables the providing pary to seek a stay or other relief from the Commission's Order removing the restrictions of this Agreement from material claimed to be confdentiaL. Such relief may be sought from the Commission or a court of competent jurisdiction. 5. (a) Receipt Into Evidence. Provision is hereby made for receipt into evidence in this proceeding of materials claimed to be confidential in the following maner: PROTECTIVE AGREEMENT BETWEEN AVISTA, IDAHO POWER, AND PACIFICORP AND IDAHO PUBLIC UTILITIES COMMISSION STAFF 4 (l) If Staff intends to use Confidential Information or to make substative reference to Confdential Information supplied to it under this Protective Agreement, it shall give reasonable prior notice of such intention to the Utilty and shall provide copies of the used Confdential Information or substative reference to Confidential Information only to the providing party, and such other paries, if any, who have executed an Exhibit "A" to ths Protective Agreement. (2) One (I) copy of the used Confidential Information or substative reference to Confidential Information or substantive reference to Confidential Information described in Paragraph 5(a)(1) shall be placed in the sealed record. (3) Only one (1) copy of the documents designated to be placed in a sealed record shall be made, which copy shall be supplied by the providing par. (4) The copy of the documents to be placed in the sealed record shall be tendered by counsel for the Utility to the Commission, and shall be maintained in accordance with the terms of this Protective Agreement. (b) Seal. Whle 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. (c) In Camera Hearing and Transcripts. Any Confidential Information that must be orally disclosed at a hearing in the proceedings shall be offered at an in camera hearng, 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. See IDAPA 31.01.01.287. (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 Protective Agreement either through agreement of the paries or after notice to the paries and hearing, PROTECTIVE AGREEMENT BETWEEN A VISTA, IDAHO POWER, AND PACIFICORP AND IDAHO PUBLIC UTILITIES COMMISSION STAFF 5 pursuant to the order of the Commission and/or the final order of a court having final jurisdiction. (e) AppeaL. Should an appeal from the proceeding be taen, sealed portions of the record may be forwarded to any cour 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 of the record is forwarded to a cour under seal for the puroses of an appeal, the providing pary shall be notified which portion of the sealed record has been designated by the appealing pary as necessar to the record on appeaL. 6. Destruction (or Return). Unless otherwise ordered, Confidential Information provided pursuant to a discovery request and this Protective Agreement, including transcripts of any discovery depositions to which a claim of confidentiality is made, shall remain under seal, shall continue to be subject to the protective requirements of this Protective Agreement, and shall be destroyed (shall be returned to counsel for the providing pary) within thirt (30) days after final settlement or conclusion of this matter, including administrative or judicial review thereof. 7. Use in Pleadings. 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 serviced only on counsel of record who have signed the non-disclosure agreements set forth in Exhibit "A" attched to this Protective Agreement, and may, in tur, be disclosed by them only to individuals who likewise signed Exhibit "A". 8. Summary of Record. If deemed necessar by the Commission, a Utilty shall prepare a written sumar of the Confdential Information referred to in Orders to be issued to the public and the paries. 9. This Protective Agreement shall become effective on the date hereof. PROTECTIVE AGREEMENT BETWEEN A VISTA, IDAHO POWER, AND PACIFICORP AND IDAHO PUBLIC UTILITIES COMMISSION STAFF 6 ~DATED this?a day of Januar 2010. AVISTA CORPORATION By Michael G. Andrea A vista Corporation PO Box 3727 1411 E. Mission Ave. Spokane, WA 99220-3727 PACIFICORD DBA ROCKY MOUNTAIN POWER By Daniel Solander PacifiCorp dba Rocky Mountain Power 201 S. Main Street, Suite 2300 Salt Lake City, UT 84111 PROTECTIVE AGREEMENT BETWEEN A VISTA, IDAHO POWER, AND P ACIFICORP AND IDAHO PUBLIC UTILITIES COMMISSION STAFF IDAHO POWER COMPANYBY~ Baron L. Kline Donovan E. Walker Idaho Power Company PO Box 70 Boise, ID 83707-0070 IDAHO PUBLIC UTILITIES COMMISSION STAFF B Scott D. Woodbury Deputy Attorney General Idaho Public Utilities Commission 472 West Washington Street Boise, ID 83702 7 DATED this J.qHvday of January 2010. AVISTA CORPORATION IDAHO POWER COMPANY BY-W~O Michael G. Andrea A vista Corporation PO Box 3727 1411 E. Mission Ave. Spokane, WA 99220-3727 By Baron L. Kline Donovan E. Walker Idaho Power Company PO Box 70 Boise, ID 83707-0070 PACIFICORD DBA ROCKY MOUNTAIN POWER IDAHO PUBLIC UTILITIES COMMISSION STAFF By Scott D. Woodbury Deputy Attorney General Idaho Public Utilities Commission 472 West Washington Street Boise, ID 83702 By Daniel Solander PacifiCorp dba Rocky Mountain Power 201 S. Main Street, Suite 2300 Salt Lake City, UT 8411 i PROTECTIVE AGREEMENT BETWEEN AVISTA, IDAHO POWER,AND PACIFICORP AND IDAHO PUBLIC UTILITIES COMMISSION STAFF 7 DATED this 4th day of Febru 2010. AVISTA CORPORATION By Michael G. Andrea A vista Corporation PO Box 3727 1411 E. Mission Ave. Spokane, WA 99220-3727 PACIFICORD DBA ROCKY MOUNTAIN POWERBY~.Daniel Solander \ PacifiCorp dba Rocky Mountain Power 201 S. Main Street, Suite 2300 Salt Lake City, UT 84111 PROTECTIVE AGREEMENT BETWEEN A VISTA, IDAHO POWER, AND PACIFICORP AND IDAHO PUBLIC UTILITIES COMMISSION STAFF IDAHO POWER COMPANY By Baron L. Kline Donovan E. Walker Idaho Power Company PO Box 70 Boise, ID 83707-0070 IDAHO PUBLIC UTILITIES COMMISSION STAFF By Scott D. Woodbury Deputy Attorney General Idaho Public Utilities Commission 472 West Washington Street Boise, ID 83702 7 EXHIBIT "A" I have reviewed the foregoing Protective Agreement dated this 29th day of January 2010 in Case No. GNR-E~09-03 and agree to be bound by the terms and conditions of such Agreement. P~/~ RADY LOBB 7 IDAHO PUBLIC UTILITIES COMMISSION Employer or Firm 472 W. WASHINGTON STREET, BOISE, IDAHO 83702 Business Address COMMISSION STAFF Pary 2-/r //0 Date EXHIBIT" A" I have reviewed the foregoing Protective Agreement dated this 29th day of January 2010 in Case No. GNR-E-09-03 and agree to be bound by the terms and conditions of such Agreement. .J-m~ Cwck TERR CARLOCK IDAHO PUBLIC UTILITIES COMMISSION Employer or Firm 472 W. WASHINGTON STREET, BOISE, IDAHO 83702 Business Address COMMISSION STAFF Pary EXHIBIT "A" I have reviewed the foregoing Protective Agreement dated this 29th day of January 2010 in Case No. GNR-E-09-03 and agree to be bound by the terms and conditions of such Agreement. Ed5/;RlCK STERLING ~ IDAHO PUBLIC UTILITIES COMMISSION Employer or Firm 472 W. WASHINGTON STREET, BOISE, IDAHO 83702 Business Address COMMISSION STAFF Pary Date l./I//P'1 EXHIBIT "A" I have reviewed the foregoing Protective Agreement dated this 4th day of Februar 2010 in Case No. GNR-E-09-03 and agree to be bound by the terms and conditions of such Agreement. J- y t Útt5Name 7 ¡¿yøæw11 ~ Employ~r Firm lPllt a m# Cc,e Stt /k2-~ ;21 ~oul ø////: :£¿C/#/-?Ç//// Business Address ;; -0.2/Q Date PROTECTIVE AGREEMENT BETWEEN A VISTA, IDAHO POWER, AND P ACIFICORP AND IDAHO PUBLIC UTILITIES COMMISSION STAFF 8 EXHIBIT "A" I have reviewed the foregoing Protective Agreement dated this 9th day of February 2010 In Case No. GNR-E-09-03 and agree to be bound by the ters and conditions of such Agreement. M iJ~L Name _R.oda~ MOtJd~ tbiJtY Employer oO'irm O~ dl-~~ C~) ãv&-e Z,?C70 1,/ St)LJ!ß H~) l)Lc. ùL i 8ilf( ( Business Address jdL0~ Pary -: - q .. ?d(O Date PROTECTIVE AGREEMENT BETWEEN A VISTA, IDAHO POWER, AND P ACIFICORP AND IDAHO PUBLIC UTILITIES COMMISSION STAFF 8 EXHIBIT "A" I have reviewed the foregoing Protecve Agrement d;ted this 5-P day Of=""¡ ~ 2010 in Case No. GNR-E-09-03 and agree to be bound by the ters and conditions of such Agreement. 1)'(to 6~~\ SW óid Name £~:~£L&\~ ß i s Nt- ~~Y'Qb 1t(d Business Address ~ Q~1 00tiÙ 10 Date PROTECTIVE AGREEMENT BETWEEN AVISTA, IDAHO POWER, AND PACIFICORP AND IDAHO PUBLIC UTILITIES COMMISSION STAFF 8 EXHIBIT "A" I have reviewed the foregoing Protective Agreement dated this day of January 2010 in Case No. GNR-E-09-03 and agree to be bound by the terms and conditions of such Agreement. HLLl ::L Name tl-t:tl 'CPt Employe;or Fi~ l))£ N E- ILl vJ tic ~A Business Address (~ o-T( A.v. ç I pn ( 00; o fA '1'.LS 2- eH~ è"'ffPary ~r l I ). 0,0 Date (~c:L PROTECTIVE AGREEMENT BETWEEN A VISTA, IDAHO POWER, AND PACIFICORP AND IDAHO PUBLIC UTILITIES COMMISSION STAFF 8 EXHIBIT "A" I have reviewed the foregoing Protective Agreement dated ths day of Janua 2010 in Case No. GNR-E-09-03 and agree to be bound by the ters and conditions of such Agreement. GREG l:vri(( Name EmPi~J~~'f 8;; ll t /Iv/l riri h 5u1-f LrBusiness Address ~orth~) ~R 112)2 Paci6GrpPar :k j;¿/o Date I. r +9u PROTECTIVE AGREEMENT BETWEEN AVISTA, IDAHO POWER, AND P ACIFICORP AND IDAHO PUBLIC UTILITIES COMMISSION STAFF 8 EXHIBIT "A" I have reviewed the foregoing Protective Agreement dated ths day of Januar 2010 in Case No. GNR-E-09-03 and agree to be bound by the ters and conditions of such Agreement. J.I1Rer thie- Name PACI.flci~p Employer or Firm ?2 S- IVE (Y"Hf)()N":th Business Address ~e+~~ ¿Jf2 'VACd£' t-oepPar 6~ (POD 1-~'7 -:b/2oloDate I PROTECTIVE AGREEMENT BETWEEN A VISTA, IDAHO POWER, AND PACIFICORP AND IDAHO PUBLIC UTLITIES COMMISSION STAFF 8