20090624Nondisc Signatures Invenergy.pdf

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2089 JUN 24 AH II: 04
NONDISCLOSURE AGREEMENT IDAHO PU8LiC .
Regarding Use of UTILITIES COMMISSION
Transmission or Generation System Documentation
Application for a Certification otPublic Convenience and Necessity
For the Langley Gulch Power Plant
Case No. IPC-E-09-03
(company/entity/individual) ("Recipient") has
ation ("Information") from Idaho .Power
The requested Information contains non-public information about Idaho Power's transmission or
generation system that may be considered Critical Energy Infrastructure Iiiforration as defined
by the Code of Federal Regulations, Title 18 Section 388. As a precaution against the misuse of
this Information, ¡PC, upon reasonable inquiry, has verified the identity of the Recipient and
believes that Recipient has a valìd business purpose for the Information. Accordingly, the
Infonnation requested is being disclosed to Recipient strictly subject to the following terms and
conditions.
I. Critìcal Energy Infrastructure Information ("CEir') - As used herein, CRII 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 infrtrcture;
c. Is exempt from mand.atorydisclosure under the Freedom of Information. Act; and
d. Gives strategicinformationbeyond the location of the critical infrastrcture.
CEIl includes but Isnot 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 facilty design
details, and geographic coordinates more specifc than line routes.
2. Use of CEll - Requestor shaH 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 1 01'2
Nondisclosure Agreement - CEn
Langley Gulch Power Plant
Case No. IPC-E.09.03
with the above-referenced IPUC case and who have been infonned by Recipient of the
restrictions placed on such CEIl by this Nondisclosure Agreement and whö have agreed to use
the CRII in conformity 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 otherwise obtained by
Recipient, and shall be responsible in this regard for the actions andactivities 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 CEIl that is. so disclosed.
6. Authorized Signature- Signtory for Recipient covenants that they are authorized to sign
on behalf of the Recipient andhäve 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
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Print Name
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Title
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Page 2 of2
Nondisclosure Agreement - CEIl
Langley Gulch Power Plant
Case No. IPC.E.09.03
NONDISCLOSURE AGREEMENT
Regarding Use of
Transmission or Generation System Documentation
RECEIV
2089 JUN 24 AM II: 04
IDAHO PUBLIC
UTILITIES COMMISSION
Application for a Certification of Public Convenience and Necessity
For the Langley Gulcb Power Plant
Case No. IPC-E-09-03
,/
JrØr~ f~ Gtv'i".(/lp, LLC (company/entity/individual) ("Recipient") has
requested transmission and/or generation system information ("Information") from Idaho Power
Company ("IPC").
The requested Information contains non-public information about Idaho Power's transmission or
generation system that may be considered Critical Energy Infrastrctue Information 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 identity 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 terms and
conditions.
i . Critical Rnergy Infrastrctue Information ("CRII") - As used herein, CEIl shall mean
information that:
a. Relates detail about the production, generation, transmission, or distrbution of
energy;.
b. Could be useful to a person planng an attack on critical infrastructue;
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
strcture 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 current proceeding before the Idaho Public Utilties Commission
("IPUC"), the Application for a Certficate of Public Convenience and Necessity for the Langley
Gulch Power Plant, Case No. IPC-E-09-03. Recipient shall tae all reasnable 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 CRII 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 this 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 CRII 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 Governental Entities - If Recipient becomes legally obligated to disclose
confidential Information to any governental entity, Recipient shall use its reasonable best
efforts to obtain confidential treatment for any CEIl that is so disclosed.
6. Authoried 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
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Print Name
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Title
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Date
Page 2 of2
Nondisclosure Agreement - CEIl
Langley Gulch Power Plant
Case No. IPC-E-09-03