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Home My WebLink About20100202Protective Agreement.pdfPROTECTIVE AGREEMENTBETWEN ZOIOFEB-2 IDAHO POWER COMPANY AN . ..,' IDAHO PUBLIC UTILITIES COMMISSION Slj:"'l¥fnl~) CASE NO. IPC-E-09-34 RECEIV D AM 8: 30 This Protective Agreement is entered as of the !&q~ day of Januar 2010 by Idaho Power Company ("Idaho Power") and the Idaho Public Utilities Commission Staff ("Staff). RECITALS: 1. WHEREAS, Idaho Power desires to make available to the Staff cerain information respecting Idaho Power's Application in Case No. IPC-E-09-34 for approval of a Firm Energy Sales Agreement for the Neal Hot Springs project, and Staff desires to receive such information. 2. WHEREAS, Idaho Power and the Staff anticipate that Idaho Power may provide, or make available for review, certain information considered by Idaho Power or by entities providing information to Idaho Power to be of a trade secret, privileged, or confidential natue (as defined in Idaho Code § 9-340, et seq. and § 48-801, et seq.). 3. WHEREAS, Idaho Power and Staff agree that enterng into a Protective Agreement wil expedite the production of documents; wil afford the necessar protection to Idaho Power's and Staffs employees and/or representatives in this 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 wil protect Confidential Information which might be provided hereafter. IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS: 1.(a)Confidential Information. All documents, data, information, studies, and other materals fuished that are claimed to be of trade secret, proprietar, or confidential nature (herein referred to as "Confidential Information") shall be so marked by Idaho Power by stamping the same with a designation indicating its trade secret, proprietary, or confidential natue and printed on "colored" paper. Any claim of confidentiality must be accompaned by an attorney's cerificate that the materal is protected by law from public disclosure and cite the specific legal authority to PROTECTIVE AGREEMENT BETWEEN IDAHO POWER COMPAN AN IDAHO PUBLIC UTILITIES COMMISSION STAFF - 1 (b) Return of Confidential Information. Upon request of Idaho Power, all original documents and copies of the Confidential Information shall be (l) retued to Idaho Power or (2) shredded by the holder of such documents. Unless otherwise ordered, Confidential Information, including transcripts or depositions containing information to which a claim of confidentiality is made, shall remain under seal, shall continue to be subject to the protective requirements of this Agreement, and shall likewise, be returned to counsel for Idaho Power withn thrt (30) days after final settlement or conclusion of the proceedings before the Commission which Confidential Information is relevant, including administrative or judicial review thereof. After retur of documents pursuant to this paragraph, and upon request, a written receipt verfyng retu shall be provided by counsel. (c) Return of Notes. Any notes maintained by a recipient of Confidential Information which embody or reflect any of the Confidential Information provided under this Agreement shall, upon request of Idaho Power, be either retued to Idaho Power or, at the option of the recipient, destroyed. 3. Non-waiver of Objection to Admissibilty. The furnishing of any document, information, data, study, or other materials pursuant to this Protective Agreement shall in no way limit or waive the right of Staff to object to its relevance or admissibility in any proceedings before this Commission. 4. Challenge to Confidentiality. (a) Initial Challenge. This Protective Agreement establishes a procedure for the expeditious handling of information Idaho Power claims is confidential. In any proceeding before the Commission, Staff may challenge the characterization of any information, document, data, or study claimed by Idaho Power to be a trade secret, proprietary, or confidential information. If seeking to challenge the confidentiality of any information, Staff 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-confidential sumar, reformatting the information, etc. PROTECTIVE AGREEMENT BETWEEN IDAHO POWER COMPAN AN IDAHO PUBLIC UTILITIES COMMISSION STAFF - 3 give reasonable prior notice of such intention to Idaho Power and shall provide copies of the used Confidential Information or substantive reference to Confidential Information only to Staff who have executed an Exhbit A to this Protective Agreement. (2) One (1) copy of the used Confidential Information or substantive reference to Confidential Information or substantive reference to Confidential Information described in paragraph 5(a)(1) shall be placed in the sealed 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 maintained in accordance with the ters of ths Protective Agreement. (b) Seal. While in the custody of the Commission, materals containing Confidential 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 Agreement, if applicable. (c) In Camera Hearing and Transcripts. Any Confidential 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 Confidential Information (or that portion of the record containing Confidential Information) shall be marked and treated as provided herein for Confidential Information. See IDAPA 31.01.01.287. (d) Access to Record. Access to sealed testimony, records, and information shall be limited to the Commission and persons who have signed an Exhibit A as provided in this Protective Agreement, unless such information is released from the restrctions of this Agreement either though agreement of the paries or after notice to the paries and hearng, pursuant to the order of the Commission and/or the final order of a court having final jursdiction. PROTECTIVE AGREEMENT BETWEEN IDAHO POWER COMPAN AN IDAHO PUBLIC UTILITIES COMMISSION STAFF - 5 10. This Protective Agreement shall become effective on the date first above written. DATED ths ~ay of Januar 2010. IDAHO POWER COMPANY By:~-- Baron E. Kline 1221 West Idaho Street Boise, Idaho 83702 IDAHO PUBLIC UTILITIES COMMISSION STAFF By:.0¿~'" Deputy Attorney General Idaho Public Utilities Commission 472 West Washington Street Boise, Idaho 83702 Attorneys Representing Idaho Public Utilities Commission Staff PROTECTIVE AGREEMENT BETWEEN IDAHO POWER COMPAN AN IDAHO PUBLIC UTILITIES COMMISSION STAFF - 7 EXHIBIT "A" I have reviewed the foregoing Protective Agreement dated this 29th day of January 2010 in Case No. IPC-E-09-34 and agree to be bound by the terms and conditions of such Agreement. ;Z~et~ RANDY LOBB 7 IDAHO PUBLIC UTILITIES COMMISSION Employer or Firm 472 W. WASHINGTON STREET, BOISE, IDAHO 83702 Business Address COMMISSION STAFF Pary ;2/; I/o Date EXHIBIT "A" I have reviewed the foreg~ing Protective Agreement dated this 29th day of Januar 2010 in Case No. IPC-E-09-34 and agree to be bound by the terms and conditions of such Agreement. j-trt~ Cwicl TERR CARLOCK IDAHO PUBLIC UTILITIES COMMISSION Employer or Firm 472 W. WASHINGTON STREET, BOISE, IDAHO 83702 Business Address COMMISSION STAFFPar Jll );)OID iDate EXHIBIT" A" I have reviewed the foregoing Protective Agreement dated this 29th day of Januar 2010 in Case No. IPC-E-09-34 and agree to be bound by the terms and conditions of such Agreement. B IDAHO PUBLIC UTILITIES COMMISSION Employer or Firm 472 W. WASHINGTON STREET, BOISE, IDAHO 83702 Business Address COMMISSION STAFF Pary o~~io Date EXHIBIT "A" I have reviewed the foregoing Protective Agreement dated this 29th day of Januar 2010 in Case No. IPC-E-09-34 and agree to be bound by the terms and conditions of such Agreement. ?J Sd4RId. ERLING IDAHO PUBLIC UTILITIES COMMISSION Employer or Firm 472 W. WASHINGTON STREET, BOISE, IDAHO 83702 Business Address COMMISSION STAFFPar Date ~b//l7 / EXHIBIT "A" I have reviewed the foregoing Protective Agreement dated this 29th day of Janua 2010 in Case No. IPC-E-09-34 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, IDAHO 83702 Business Address COMMISSION STAFF Pary Date d /; / 20/0l i