20080721Protective Agreement.pdf

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PROTECTIV AGREEMENT
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Ths Protective Agreement is entered as of the 22nd day of AprilJinoilb1
Power Company ("Idaho Power"), the Idaho Public Utilities Commission Sta ("Sta) and the
undersigned Intervenors (hereinafter collectively referred to as the "Paries" or individually as a
"Par") in connection with Idaho Power's 2008 Idaho General Rate Case.
Recitals:
1. WHEREAS, Idaho Power desires to make available to the Paries certin
information respecting Idaho Power's Application for authority to increase its rates and charges
for electrc service to electrc customers in the State of Idaho.
2. WHEREAS, the Paries desire to receive such information.
3. WHEREAS, Idaho Power and the Paries anticipate that Idao Power
may provide, or make available for review, certn inormation considered by Idaho Power to be
of a trade secret, privileged or confdential natue (as defined in Idaho Code § 9-340 et seq. and
§ 48-801 et seq.).
4. WHEREAS, Idao Power and the Paries agree that entering into a
Protective Agreement will expedite the production of documents; will afford the necessar
protection to Idaho Power's and the Paries' employees and/or representatives in ths 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 will protect Confdential
Information which might be provided hereafer.
PROTECTIVE AGREEMENT - 1
ITIS HEREBY STIPULATED AN AGREED AS FOLLOWS:
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1.(a)Confidential Information.
All documents, data, information, studies and other materials fushed that are
claimed to be of trade . secret, proprieta or confdential natue (herein referred to. as
"Confdential Information") shall be so ~arked by Idaho Power by staping the same with a
designation indicating its trade secret, proprieta or confdential natue and printed on "colored"
paper.. Any claim of confdentiality must be accompanied by an attorney's certficate that the
material is protected by law from public disclosure and cite the specific legal authority to support
the claim. IDAPA 31.01.01.067 and 31.01.01.233. Access to and review of Confdential
Information shall be strctly controlled by the terms of this Agreement.
(b) Use of Confidential Information.
All persons who may be entitled to review or who are aforded access to any
Confdential Information by reason of this Agreement shall neither use nor disclose the
Confidential Information for puroses of business or competition or any purose other than the
purose of preparation for and conduct of the 2008 General Rate Case and then solely as
contemplated herein and shall keep the Confdential Information secure as trade secret,
confdential or proprietar information and in accordance with the purposes and. intent of ths
Agreement.
(c) Persons Entitled to Review.
Individual access to Confdential Inormation shall be limited to counsel of the
undersigned. Paries, employees, experts, agents or representatives of the undersigned Paries
who have executed an Exhbit A to ths Agreement. Such information will be clearly marked
and protected from unauthorized public disclosure.
PROTECTIVE AGREEMENT - 2
(d) Nondisclosure Agreement.
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Confdential Information shall not be disclosed,to any person who has not siened
a nondisclosure agreement on ths form, which is attched 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; copy of ths Protective Agreement and to certify in
,
wrting 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.
(e) Challenge to Company Denial of Access.
Any disputes arsing as a result of Idaho Power's denial of access to Confdential
Information shall be resolved by the Idaho Public Utilities Commssion ("Commssion").
2.(a)Copies.
No copies or transcriptions of the Confdential Information shall be made by the
Paries except as necessar to make the information available to individuals who have executed
an Exhbit "A" to ths Protective Agreement.
(b) Return of Confidential Information.
Upon request of Idaho Power, all original documents and copies of the
Confdential Information shall be: i) retued to Idaho Power, or 2) shredded by the holder of
such documents.
Unless otherwse ordered, Confidential Information, including trancripts or
depositions containing information to. which a claim of confdentiality is.. made, shall remain
under seal, shall continue to be subject to the protective requiements of this Agreement, and
shall likewise, be returned to counsel for Idaho Power within thrt (30) days afer final
settement or conclusion of the proceedings before the Commission which Confdential
PROTECTIVE AGREEMENT -3
Information is relevant including administrative or judicial review thereof. Afer retu of
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documents pursuat to ths paragraph, and upon request, a wrtten receipt verifying retu shall
be provided by counsel.
(c) Return of Notes.
Any notes maintaned by a recipient of Confdential Information which embody
or reflect any of the Confdential Information provided under ths Agreement shall, upon request
ofIdaho Power, be either retued to Idaho Power or, at the option of the recipient, destroyed.
3. Nonwaiver of Objection to Admissibilty.
The fushing of any document, information, data study or other materials
pursuat to ths Protective Agreement shall in no way limit or waive the right of the )providing
Par to object to its relevance or admissibility in any proceedings before ths Commission.
4. Challenge to Confidentiality.
( a) Initial Challenge.
Ths Protective Agreement establishes a procedure for the expeditious handling of
. information Idao Power clais is confdentiaL. In any proceeding before the Commission, a
Par may challenge the charàcterization of any information, document, data or study claimed by
Idaho Power to be a. trade secret, proprietar or confdential inormation. If seeking to challenge
the confdentiality of any inormation Sta shall first contact counsel for Idaho Power and
attempt to resolve any. difference by stipulation. Resolution may include removing the
confidential classifications, creating a non-confdential sumar, reformatting the information,
etc.
PROTECTIVE AGREEMENT - 4
(b) Subsequent Challenge.
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In the event that the pares. canot agree as to the character of the information
challenged, the Paries may challenge the confdentiality of the information by petitioning in any
proceeding in which the information is relevant the Commission to rue upon the disputed
information. The Petition shall be served iipon the Commssion and all pares to the proceeding
who have signed on Exhbit "A" as provided in ths 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 nonconfdential by Sta.
(c) Challenge Hearing.
The Paries 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 Idaho Power and the Commssion. The record of the
in camera hearng shall be marked "CONFIDENTIAL -- Subject to Protective Agreement."
To the extent necessar, the transcript of such hearing shall be separately bound, segregated,
sealed and witheld from public in~pectionby any person not bound by the terms of ths
Agreement.
(d) Determination.
The Paries will ask the Commission to issue an Order determinng whether any
challenged information or material is not. properly deemed to be exempt from public disclosure
pursuant to the Idao Public Records Act. (Idaho Code § 9-335 et seq.) If information is found to
be not exempt from disclosure, the Paries 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 uness
PROTECTIVE AGREEMENT - 5
Idaho Power consents to such conduct. This procedure enables the providing Pary to seek a stay
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or other. relief from the Commission's Order. removing the restrctions of this Agreement from
material. claimed to be confdential. Such relief may be sought from the Commission or a cour
of competent jursdiction.
5.(a)
~Receipt Into Evidence.
Provision is hereby made for receipt into evidence in this proceeding of materials
claimed to be confdential in the. following maner:
(1) If a Pary intends to use Confidential.Information or to make substative
reference to Confidential Information supplied to it under this Agreement, it shall give
reasonable prior notice of such intention to Idaho Power and shall provide copies of the used
Confidential Information or substative reference to Confdential Information only to the
providing Party, and such other Paries, if any, who have executed an Exhibit "A" to this
Protective Agreement.
(2) One (l)copy of the used Confdential Information or substantive reference
to Confdential Information or substative reference to Confdential Information described in
paragraph 5(a)(!) shall be placed in the seaed record.
(3) Only one (1) copy of the documents designated to be placed in a sealed
record shall be made.
(4) The copy of the documents to be placed in the sealed record shall be
tendered to the Commission and shall be. maintaned in accordance with the terms of ths
Protective Agreement.
PROTECTIVE AGREEMENT - 6
(b) SeaL.
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Whle in the custody of the Commssion, materials containing Confdential
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 fort in this Agre~ment, if applicable.
(c) In Camera Hearing and Transcripts.
Any Confdential Information that must be orally disclosed at a hearng in the
proceedings shall be offered at an in camera hearng, attended only by persons authorized to
have access to the information under ths Protective Agreement. Similarly,.any transcription of
any examination or other reference to Confdential Information (or. that portion of the record
containing Confdential Information) shall be marked and treated as provided herein for
Confidential Information. See IDAP A 3 1.01.01.287.
(d) Access to Record.
Access to sealed testimony, records, and information shall be limited to the
Commission and persons who have signed. an Exhbit "A" as provided in this Protective
Agreement, unless such information is released from the restrictions of ths Agreement either
though agreement of the paries or after notice to the paries and hearg, pursuant to the order
of the Commission and/or the final order of a cour having final jursdiction.
(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 puroses of an appeal, but under seal as
designated herein for the information and use of the cour. 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
PROTECTIVE AGREEMENT - 7
portion of the sealed record has been designated by the appealing pary as necessar to the record
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on appeal.
6. Destruction or Return.
Unless otherwse ordered, Confdential Information provided pursuat to a
discovery request: and this Agreement, licluding transcripts of any discovery depositions to
which a claim of confdentiality is made, shall remain under seal, shall continue to be subject to
the protective requirements of this Agreement, and shall be destroyed or shall be retued to
counsel for the. providing Par within thrty (30) days afer fial settlement or conclusion of ths
matter, including administrative or judicial review thereof.
7. Use in Pleadings.
Where references to Confdential Information in the sealed record or with the
custodian ,. is required in pleadings, briefs, arguents, or motions (except. as provided in
Paragraph 5), it shall be by citation to title or exhbit number or some other description that will
not disclose the substative Confdential Information contaned therein. Any use of or
substative references to Confdential Information. shall be placed in a separate section of the
pleading or brief and submitted to the Commssion pursuat to Paragraph 5. Ths sealed section
" shall be served only on counsel of record who have signed the non-disclosure agreements' set
forth in Exhbit "A" attched to ths Protective Agreement and may, in tu, be disclosed by
them only to individuals who likewise signed Exhbit "A."
8. Summary of Record.
If deemed necessar by the Commission, Idaho Power shall prepare a written
sumar of the Confdential Information referred to in Orders to'be issued to the public and the
paries.
PROTECTIVE AGREEMENT - 8
9. Counterparts.
This Agreement may be executed in two or more counterpars, each of which
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shall be deemed. an original but all of which together shall constitute one and the same
instrent.
wrtten.
10. Ths Protective Ag;eement shall become effective on the date first above
DÂTED ths 22nd day of April, 2008.
PROTECTIVE AGREEMENT - 9
IDAHO POWER COMPAN
By:C1¿g-Baron L. Kline
1221 West Idaho Street
Boise, Idaho 83702
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IDAHO PUBLIC UTILITIES COMMISSION STAFF
By:
Weldon Stutzan
Deputy Attorney General
Idaho Public Utilities Commission
472 West Washington Street
Boise, ID 83702
Attorneys Representing
Idaho Public Utilities Commssion Staf
9. Counterparts.
'1/ .~
This Agreement may be executed in two or more counterpars, each of which
shall be deemed an original but all of which together shall constitute one and the same
instruent.
10. This Protective Agreement shall become effective on the date first above
written.
DATED this 22nd day of April, 2008.
IDAHO POWER COMPANY
By:
Baron L. Kline
1221 West Idaho Street
Boise, Idaho 83702
IDAHO PUBLIC UTILITIES COMMISSION STAFF
By:\.F)..Fop
Weldon Stutzman
Deputy Attorney General
Idaho Public Utilities Commission
472 West Washington Street
Boise, ID 83702
Attorneys Representing
Idaho Public Utilities Commission Staff
PROTECTIVE AGREEMENT - 9
EXHBIT A .' .
I have reviewed the foregoing Proteçtive Agreement dated
2008, in the 2008 General Rate Case and agree to be bound by the term and conditions of such
Agreement.
Prited Name
Signtue
Employer or Fir
Business Address
Par
Date
EXHBIT A
EXHIBIT "A"
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I have reviewed the foregoing Protective Agreementdated April 22, 2008 in Case No. IPC-E-08-
10 and agree to be bound by the terms and conditions of such Agreement.
c;~
"
D. Neil Price, Deputy Attorney General
Idaho Public Utilities Commission
Employer or Firm
472 W. Washington Street, Boise, ID 83702
Business Address
Commission Staff
Pary
Date
EXHIT" A"
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I have reviewed the foregoing Protective Agreement dated Aprii 22, 2008 in Case No. IPC-E-08-10
and agree to be bound by the terms and conditions of such Agreement.
~Nwne~.~
Idaho Public Utilities Commission
Employer or Firm
472 W. Washington Street, Boise, ID 83702
Business Address
Commission StaffPar
7-ltJiJl
Date
EXHIT "A"
,,-
I have reviewed the foregoing Protective Agreement dated Apnl 22, 2008 in Case No. IPC-E-08-10
and agree to be bound by the terms and conditions of such Agreement.
~.N~ Joe Leckie
Idaho Public Utilties Commission
Employer or Firm
472 W. Washington Street, Boise, il 83702
Business Address
Commission StafPar
Date
EXHBIT "A"
. .'Il .
I have reviewed the foregoing Protective Agreement dated Aprii 22, 2008 in Case No. IPC-E-08-10
and agree to be bound by the tenns and conditiòns of such Agreement.
~~~~
Name TtrrìCalo
Terri Carlock
Idaho Public Utilities Commission
Employer orPirm
472 W. Washington Street, Boise, ID 83702
Business Address
Commission StafPar
~7i Jtf8
Date
EXHIT "A"
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I have reviewed the foregoing Protective Agreement dated April 22, 2008 in Case No. IPC-E-08-10
and agree to be bound by the terms and conditions of such Agreement.
~~~
Name /)4""'( I k Ie,'"
Daniel Klein
Idaho Public Utilities Commission
Employer or Firm
472 W. Washington Street, Boise, ID 83702
B.usiness Address
Commission StafPar
7 -7 -cy
Date
EXHBIT "A"
.' .
I have reviewed the foregoing Protective Agreement dated April 22, 2008 in Case No. IPC-E-08-10
and agree to be bound by the terms and conditions of such Agreement.
Idaho Public Utilities Commission
Employer or Firm
472 W. Washington Street, Boise, ID 83702
Business Address
Commission Staff
Pary
D7~~KDate 1
EXIIT "A"
"r. ~
I have reviewed the foregoing Protective Agreement dated Api-il22,2008 in Case No. IPC-E-08-10
and agree to be bound by the terms and conditions of such Agreement.
~.....~~N~¿ ick sterl~
Idaho Public Utilities Commssion
Employer or Firm
472 W. Washington Street, Boise, ID 83702
Business Address
Commission Staff
Pary
EXHBIT "A"
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I have reviewed the foregoing Protective Agreement dated April 22, 2008 in Case No. IPC-E-08-1 0
and agree to be bound by the terms and conditions of such Agreement.
NJf~~
Randy Lobb
Idaho Public Utilities Commssion
Employer or Firm
472 W. Washington Street, Boise, ID 83702
Business Address
Commission StaffPar
....71IólbE
Date
EXIIT "A"
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I have reviewed the foregoing Protective Agreement dated April 22, 2008 in Case No. IPC-E-08-10
and agree to be bound by the terms and conditions of such Agree
Idaho Public Utilities Commssion
Employer or Firm
472 W. Washington Street, Boise, ID 83702
Business Address
Commission StaffPar
7/8Date
EXHBIT" A"
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I have reviewed the foregoing Protective Agreement dated April 22, 2008 in Case No. IPC-E-08-10
and agree to be bound by the terms and conditions of such Agreement.
~lkL
Name
David E. Schunke
'. Idaho Public Utilities Commission
Employer or Firm
472 W. Washington Street, Boise, ID 83702
Business Address
Commission StafPar
r2.y
ßate
g,J ¿tJt28
EXHBIT "A"
,l.~
I have reviewed the foregoing Protective Agreement dated April 22, 2008 in Case No. IPC-E-08-10
and agree to be bound by the terms and conditions of such Agreement.
zU~u~Name .. /
Matt Elam
Idaho Public Utilities Commission
Employer or Firm
472 W. Washington Street, Boise, ID 83702
Business Address
.'or ~
Commission StafPar
7j¡tl/d~IDate
EXHBIT "A"
.. .
I have reviewed the foregoing Protective Agreement dated April 22, 2008 in Case No. IPC-E-08-10
and agree to be bound by the terms and conditions of such Agreement.
Idaho Public Utilities Commission
Employer or Firm
472 W. Washington Street, Boise, ID 83702
Business Address
Commission StaffPar
IS ''4 Zdg
Date
EXHIT "A"
;/ ~
I have reviewed the foregoing Protective Agreement dated Ap~ii 22, 2008 in Case No. IPC-E-08-10
and agree to be bound by the terms and conditions of such Agreement.
C:.~~Name Cecil ~aughn
Idaho Public Utilities Commssion
Employer or Firm
472 W. Washington Street, Boise, ID 83702
Business Address
Commssion StaPar
712 !.¿¿Jê!Ji 1Date
EXHBIT" A"
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I have reviewed the foregoing Protective Agreement dated April 22, 2008 in Case No. IPC-E-08~ 10
and agree to be bound by the terms and conditions of such Agreement.
~
Name .Curtis Thaden
Idaho Public Utilitìes Commission
Employer or Firm
472 W. Washington Street, Boise, ID 83702
Business Address
Commission StafPar
7-/7~OPJ
Date
~r~~"JrhtlJIU'L. i6 M'\ 8: \2
A T TOR. N E Y S AT LAW, dlllu . '. .
Peter Richardson
UT\(H~~"~)¿Ô~l¡;AlssiOr,Tel: [phone] Fax: [phone]
p eterl1r ¡chardson andoleary. com
P.O. Box 7218 Boise.ID 83707 - 515N. 27th5t. Boi.e, ID 83702
'júly 15, 2008
Ms. Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
POBox 83720
Boise ID 83720-0074
RE: Case No.lPC-E-08-10
Dear Ms. Jewell:
Enclosed please find copies of Exhibit A (signature page) of the Protective
Agreement in the above case.
The original has been forwarded to Mr. Kline, at Idaho Power Company.
Please let me know if you have any questions.
Sincerely,~~.~ch'
Nina Curtis
Administrative Assistant
enc!.
v0,
EXIT ~ÛB JUL J"6 AM 8= 12
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2008, in the 2008 Gener Ra Case and ~ag to be bound by the ter and conditions of such
Agmet.
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UliUTJiiS C\,ir1ìr-¡ ¡v~¡.. \I have reYÌewe th foregoin Protectve Agrent dated ~ ;l. 0 8
2008, in the 208 Genera Ra Case ane! agr to be bound by the term and conditions of suh
Agrment.
r e +e ( R¡ Co hci f"d S 01'
Prited Name
æXç~ ~Signtu ._
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Employe or Fir
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Business Addres
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Par
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Date
EXHIT A