Loading...
HomeMy WebLinkAbout20090624Nondisc Signatures NIPPC, ICIP.pdfRECE\VED 16n, JUN 24 ~"\\ t 04 NONDISCLOSlJRE AGREEMENT \DPiap iai~~\~SION Regarding Use of U1'\U1\E...' Transmission or Generation System Documentation Application for a Certfication of Public Convenience and Necessity For the Langley Gulch Power Plant Case No. IPC-E-09-03 te t'r ((i'e 'net rc!sol\ (company/entity/individual) ("Recipient") has requested transmission and/or generation system information ("Iriformation") from Idaho Power Company ("WC"). The requested Information contains non-public information about Idaho Power's trnsmission 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. 1. Critical Energy Infrastructure Information ("CEIl") - As used herein, CEIl 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 of the critical infrastrcture. CEIl includes but is not necessarily limited to: transmission conductor details, transmission stucture 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 specific than line routes. 2. Use of CEIl - 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 Utilties Commission ("IPUC"), the Application for a Certificate ofPiiblic 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 of2 Nondisclosure Agreement - CEll 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 CEIl by this Nondisclosure Agreement and who have agreed to use the CEIl in conformity with the requirements ofthis 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 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 _t:k~. ~ Signature JOe + .pI' ((;c. ~(jr JsCJ"\ Print Name PW-1-I'A fèi cbør~C1 J- Ó 'Le tlryPL£.CTitle J i Iii I 0 'I Date Page 2 of2 Nondisclosure Agreement - CEIl Langley Gulch Power Plant Case No. IPC-E-09-03 .,. Application for a Certification of Public Convenience and Necity For the Langley Gulch Power Plant Case No. IPC-E-09-03 J)O¡.t;;1&'i1.H4 hN ¿r~ .f1r. (company/entity/individua) ("Recipient") has requested transmissi¿n and/or generaion system information ("Information") frm Idaho Power Company ("IPC"). The requested Information contas non-public information about Idaho Power's trsmission or generation system that may be considered Critical Energy Iifrastrctu Informaton as defined by the Code of Federa Regulations, Title 18 Section 388. As a precaution against the misuse of this Infonnation, IPC, upon resonable inquiry, ha verified the identity of the Recipient and believes that Recipient has a valid business purose for the Information. Accrdingly, the Information reuested is being disclosed to Recipient strictly subject to the following ters and conditions. i. Critical Energ Intrctue Information ("CEIl") - As used herein CEIl shall mea information that: a. Relates detal about the production, generaion, trsmission, or distbution of energy; b. Could be useful to a person planing an attk on crtical infrtrctue; c. Is exempt frm mandatory disclosure under the Freom oflnformation Act; and d. Gives strtegic information beyond the location of the critical infrcture. CEIl includes but is not necessaly limited to: trsmission conductor details, transmission stcture design details, planned or expected trsmission outages critical to the system, substtion 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 us, or perit others to use CEIl for a purose other than that related to the currnt proceeing before the Idaho Public Utilities Commission ("IPUC"), the Application for a Certficate of Public Convenience and Necessity for the LangleyGulch Power Plat, Cas No. IPC-E-0-03. Recipient shall tae all reasonable mea to avoid improper disclosure or unauthorized use of CEIl. 3. Recipient's Personnel - Recipient, if a business entity, shall rect the possession, knowledge, development, and use of CEIl to its employees, agents, subcontrctors, and other entities controlled by it (collectively, "Personnel") who need to know the CEIl in connection Page 1 of2 Nondisclosure Agrment - CEll Lagley Gulch Power Plant Case No. IPC-E-09-03 '. with the above-referenced IPUC cae and who have been informed by Recipient of the restictions placed on such CEll by this Nondisclosure Agrment and who have agreed to use the CEll in conformity with the requirements of this Nondisclosue Agrment. 4. Recipient Responsibilty - Recipient shall be wholly responsible for maintaing the confidentiality of the CEIl disclosed by Idaho Power to Recipient or otherwise obtaed by Recipient, and shall be responsible in ths regar for the actions and activities of all its Persnnel. 5. Disclosures to Governental Entities - If Recipient beomes legally obligated to disclose confidential Information to any governental entity, Recipient shall use its resonable bes effort to obtan confidential treatment for any CEIl that is so disclosed. 6. Autonze Sigqature - Signatory for Recipient covenants that they are authonzed to sign on behalf of the Recipient and have the authonty to bind the Recipient to the ters of this Nondisclosure Agreement. 7.. Successors and Assigqs - This Nondisclosure Agreement shall be binding on Recipient's successors and assigns. RECIPIENT Signature 1)o.c ~ ~Yl Print Name tJ6lU~ it.. i, BTitle J l)PtG,1 iD. :Z6o?Date' (¡ , Page2of2 Nondisclosure Agrment - CEn Langley Gulch Power Plant Case No. IPC-E-09-03