20090624Nondisc Signatures IIPA.pdf

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2m JUN 2.4 ~M H: 04
NONDISCLOSURE AGREEMENT
HO'. pl,qL.ìC:\OA · uw ¡~ "'\O"'¡Regarding Use of . TIcS COMMIS;: vI
Transmission or Generation System Documen6lTi\l ¡",
Application for a Certification of Public Convenience and Necessity
For the Langley Gulch Power Plant
Case No. IPC-E-09-03
Elf; c. L . Ð 1s.V' :id,,\Aorw. ~o$ll~l. (company/entity/individual) ("Recipient") has
requested transmissio'n and/or generation system information ("Information") from Idaho Power
Company ("IPC").
The requested Inlormation contains non-public information about Idaho Power's transmission or
generation system that may be considered Critical Energy Infrastructure Information as defined
by the Code of Federal Regulations, Title 18 Section 388. As a precaution against the misuse of
this Information, IPC, upon reasonable inquiry, has verified the identity of the Recipient and
believes that Recipient has a valid business purpose for the Information. Accordingly, the
Information requested is being disclosed to Recipient strictly subject to the following terms and
conditions.
i. Critical Energy Infrastructure Information ("CEll") - As used herein, CEll shall mean
information that:
a. Relates detail about the production, generation, transmission, or distribution of
energy;
b. Could be useful to a person planning an attack on critical infrastructure;
c. Is exempt from mandatory disclosure under the Freedom of Information Act; and
d. Gives strategic information beyond the location ofthe critical infrastructure.
CEIJ includes but is not necessarily limited to: transmission conductor details, transmission
structure design details, planned or expected transmission outages critical to the system,
substation design details, control center locations or design details, power plant facility design
details, and geographic coordinates more specific than line routes.
2. Use of CEll - Requestor shall not use, or permit others to use CEil for a purpose other
than that related to the current proceeding before the Idaho Public Utilities Commission
("IPUC"), the Application for a Certificate of Public Convenience and Necessity for the Langley
Gulch Power Plant, Case No. IPC-E-09-03. Recipient shall take all reasonable measures to
avoid improper disclosure or unauthorized use of CEIL
3. Recipient's Personnel - Recipient, if a business entity, shall restrict 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
restrictions placed on such CEll by this Nondisclosure Agreement and who have agreed to use
the CEll in conformity with the requirements of this Nondisclosure Agreement.
4. Recipient Responsibility - Recipient shall be wholly responsible for maintaining the
confidentiality of the CEil disclosed by Idaho Power to Recipient or otherwise obtained by
Recipient, and shall be responsible in this regard for the actions and activities of all its PersonneL.
5. Disclosures to Governmental Entities - If Recipient becomes legally obligated to disclose
confidential Information to any governmental entity, Recipient shall use its reasonable best
efforts to obtain confidential treatment for any CEll 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 011 Recipient's
successors and assigns.
7EV' ; c. L. Dl~e\/\
Print Name
ALbltY~.ey
Title
6lz/0'ì
Date
Page 2 of2
Nondisclosure Agreement - CEil
Langley Gulch Power Plant
Case No. IPC-E-09-03
Jun 02 09 05: 3Sp Ton~ Yankel 440 808 1450 p.
ECEnt-:nR ..1'1 t.'.e
NONDISCLOSUR AGREEMENT
Regarding Use of
Transmission or Generation System Documentation
i009 JUN 21. ~M \,: 04
UT,~Rt~~Ptdi~~\~S\ON
Application for a Certification of Public Convenience and NCI:fssity
For the Langley Gulcb Power Plant
Case No. IPC~E-09-o3
A ¡vi tl () Jl./ t ~l Ð lv'ICE. i. (company/entity/individual:, ("Recipient") ha~;
requested trunsmission ~iid/or generation system inl~imation ("Information"; from Idaho Power
Company ("IPC").
The requested Information contains non-public information about Idaho Pow(~r's transmission (..'
generation system that may be considered Critical Energy Infrastructure lnt¡~)rrna.tion as defined
by the Code of Federal Regulations, Title 18 Section 388. As a precaution agai:i1st the misuse of
this Information, IPC, upon reasonable inquir, has verified the identity i)f the Recipient and
believes that Recipient has a valid business purpose for the Informati()ii. Accordingly, the
information requested is being disclosed to Recipient strictly subject to the foHo'wing tenns ani
i.
conditions.
i. Critical Energy Infrastructure Information ("CEIl") - As used heriein, CEll shall mean
information that:
a. Relates detail about the production, generation, transmissiclr, or distribution of
energy;
h. Could be useful to a person planning an attack on critical infnistnii:t\lre;
c. Is exempt from mandatory disclosure under the Freedom of Information Act; and
d. Gives strategic information beyond the Iocation of the critical infhlstrcture.
CEIl includes but is not necessarly limited to: trsmission conductor details, transmission
structure desígn details, planned or expected trnsmission outages cl'it.i::al to the systerr t
substation design details, control center locations or design details, powei plant facility design
details, and geographic coordinates more specifc than line routes.
2. Use of CEll - Requestor shall not use~ or pemit others to use CEIl for a purose other
than that related to the CUITent proceeding before the Idaho Public lJtilties Commission
("TPUC"), the Application for a Certificate of Public Convenience and Nece:;sity for the Langle ¡
Gulch Power Plant, Case No. IPC-E-09-03. Reuipient shall take all remionable measures L)
avoid improper disclosure or unauthorized use of CEIl.
3. Recipient's Personnel - Recipient, if a business entity, shall re:mkt the possession.
knowledge, development, and lise of CEil to its cmployees, agents, sub~:ontractors, and other
entities controlled by it (collectively, "Personnel") who need to know th~ CEIl iii connection
Page i ori
Nondisclosure Agreement - CEil
Lllnglcy Gulch Power Plant
Case No. IPC-E-09-03
.Jun 02 OS 05: 37p Ton~ Yankel 440 BOB 1450 p. ?
with the abovtNeferenced IPUC case and who have been informed ty 'R~:cipient of the
restnctions placed on such CEll by this Nondisclosure Agreement and who have agreed to use
the CEll in conformity with the requirements of this Nondisclosure Agrecm~nl.
4. Recipient Responsibility - Recipient shall be wholly responsible I~Jr maintaining thE'
confidentiality of the CEll disclosed by Idaho Power to Recipient or orheiwise obtained by
Recipient, and shall be responsible in this regard for the actions and activitie:) .~f all its PersonneL.
5. Disclosures tô Governmental Entities - If Recipient becomes legally obligated to discios~
confidential Information to any governmental entity, Recipient shall usei1s reasonable bes':
efforts 10 obtain confdential treatment for any CEIl that is so disclosed.
6. Authorized Signature - Signatory for Recipient covenants that they i:(~ ;3,uthorized to sign
on behalf of the Recipient and have the authority to bind the Recipient to the terms of thi~;
Nondisclosure Agreement.
7. Successors and Assigns - This Nondisclosure Agreement shall be binding on Recipient's
successors and assigns.
RECIPIENT
o~~ ~/__~
Signature tf
¡J NY II (j,J t r' Pi W k. E L
Print Name
ê~,.J-t~
Title
D~~ .;, ;?(10 '/
Page i of Z
Nondisc)os\ire Agreement - CEI J
Langley Gulch Power Plant
Case No. JPC.E.09-03