20090415Nondisclosure Agreement Invenergy.pdf

..
t" I: Ii r ¡:.
\"0...1 i"'",. t 7C' I..
NONDISCLOSURE AGREEMENT 20U9 APR 15 PH 2: 02
Regarding Use of IDAHO F,);:L:iç, ",
Transmission or Generation System DocumellfI~..tES G()¡'A¡1j¡~3~.i------
Application for a Certfication of Public Convenience and Necessity
For the Langley Gulch Power Plant
Case No. IPC-E-09-03/
~(0 f~ . tívL.("'f$ Lt C (company/entity/individual) ("Recipient") hasrequested tranmission and/or generation system information ("Information") from Idaho Power
Company ("IPC").
The requested Information contains non-public information about Idaho Power's trsmission or
generation system that may l)e considered Critical Energy Infrastrctue Infonnation as defined
by the Code of Federal Regulations, Title i 8 Section 388. As a precaution against the misuse of
this Information, IPC, upon reasonable inquiry, has verified the identlty of the Recipient and
believes that Recipient has a valid business purose for the Information. Accordingly, the
Information requested is being disclosed to Recipient strictly subject to the following ters and
conditions.
i. Critical Energy Infrastrctue Information ("CEIl') - As used herein, CEIl shall mean
information that:
a. Relates detail about the production, generation, transmission, or distribution óf
energy;.
b. Could be useful to a peron planng an attack on critical infrastrctue;
c. Is exempt from mandatory disclosure under the Freedom of Information Act; and
d. Gives strategic information beyond the location of the critical infrastructure.
CEIl includes but is not necessarly limited to: transmission conductor details, transmission
strctue design details, planed or expected transmission outages critical to the system,
substation design details, control center locations or design details, power plant facilty design
details, and geographic coordinates more specific than line routes.
2. Use of CEIl - Requestor 'shall not use, or permit others to use CEIl for a purose other
than that related to the curent proceedg before the Idao Public Utilties Commission
("IPUC"), the Application for a Certificate of Public Convenence and Necessity for the Langley
Gulch Power Plant, Case No. IPC-E-09-03. Recipient shall tae all reasonable measures to
avoid improper disclosure or unauthorized use of CEIl. '
3. Recipient's Personnel - Recipient, if a business entity, shall restrct the possession,
knowledge, development, and use of CEIl to its employees, agents, subcontractors, and other
entities controlled by it (collectively, "Personnel") who need to know the CEIl in connection
Page i of2
Nondisclosure Agreement - CEIl
Langley Gulch Power Plant
Case No. IPC-E-09-03
with the above-referenced IPUC case and who have been informed by Recipient of the
restrctions placed on such CEIl by ths Nondisclosure Agreement and who have agreed to use
the CEIl in conformty with the requirements of this Nondisclosure Agreement.
4. Recipient Responsibilty - Recipient shall be wholly responsible for maintaining the
confidentiality of the CEIl disclosed by Idaho Power to Recipient or otherise obtained by
Recipient, and shall be responsible in this regard for the actions and activities of all its Personnel.
5. Disclosures to Goverental Entities - If Recipient becomes legally obligated to discloseconfidential Information to any governental entity, Recipient shall use its reasonable best
efforts to obtain confidential treatment for any CEIl that is so disclosed.
6. Authorized Signature - Signatory for Recipient covenants that they are authorized to sign
on behalf of the Recipient and have the authority to bind the Recipient to the terms of this
Nondisclosure Agreement.
7. Successors and Assigns - This Nondisclosure Agreement shall be binding on Recipient's
successors and assigns.
RECIPIENT~Signatue
~\\\\CAW\A-.~S
Print Name
--
kl. ~~,Title
Q/tlt1
(~s~\
Date
Nondisclosure Agreement - CEIl
Langley Gulch Power Plant
Cas No. IPC-E-09-03
Page 2 of2