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Home My WebLink About20100430Protective Agreement.pdfPE-r¡: tl 1; '.. "'.."",..1 PROTECTIVE AGREEMENT CASE NO. IPC-E-IO-12 ZOin IiPR 30 Ati 10= 07 UTI This Protective Agreement is entered as of the 15th day of April 20 I 0 by Idaho Power Company ("Idaho Power"), the Idaho Public Utilities Commission Staff ("Staff), and the undersigned Intervenors in Case No. IPC-E-IO-12 (hereinafter collectively referred to as the "Paries" or individually as a "Pary") in connection with Idaho Power's 2010-2011 Power Cost Adjustment. RECITALS: 1. WHEREAS, Idaho Power desires to make available to the Paries certn information respecting Idaho Power's Application for authority to change its rates and charges for electric service to electric customers in the state of Idaho. 2. WHEREAS, the Paries desire to receive such information. 3. WHEREAS, Idaho Power and the Paries anticipate that Idaho Power may provide, or make available for review, certain information considered by Idaho Power to be of a trade secret, privileged, or confdential natue (as defined in Idaho Code § 9-340, et seq. and § 48-80 i, et seq.). 4. WHEREAS, Idaho Power and the Paries agree that entering into a Protective Agreement wil expedite the production of documents; wil afford the necessar protection to Idaho Power's and the Paries' 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 hereafer. IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS: 1. (a) Confidential Information. All documents, data, information, studies, and other materials furnished 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, proprieta, or confidential natue and printed on "colored" paper. Any claim of confidentiality must be accompanied by an attorney's certificate that the material is protected by law from public disclosure and cite the specific legal authority to PROTECTIVE AGREEMENT - I support the claim. IDAPA 31.01.01.067 and 31.01.01.233. Access to and review of Confidential Information shall be strictly controlled by the terms of this Agreement. (b) Use of Confidential Information. All persons who may be entitled to review or who are afforded access to any Confidential Information by reason of this Agreement shall neither use nor disclose the Confidential Information for puroses of business or competition or any purose other than the purose of preparation for and conduct of Case No. IPC-E-IO-12 and then solely as contemplated herein and shall keep the Confidential Information secure as trade secret, confidential, or proprietary information and in accordance with the purposes and intent of this Agreement. (c) Persons Entitled to Review. Individual access to Confidential Information shall be limited to counsel of the undersigned Paries, employees, experts, agents, or representatives of the undersigned Paries who have executed an Exhibit A to this Agreement. Such information wil be clearly marked and protected from unauthorized public disclosure. (d) Nondisclosure Agreement. Confidential Information shall not be disclosed to any person who has not signed a nondisclosure agreement on this form, which is attached hereto as Exhibit A and incorporated herein. The nondisclosure agreement or Exhibit A shall require the person to whom disclosure is to be made to read a copy of this Protective Agreement and to certify in writing that he or she has reviewed the same and has consented to be bound by its terms. The Agreement shall contain the signatory's full name, permanent address, and employer. (e) Challenge to Company Denial of Access. Any disputes arising as a result of Idaho Power's denial of access to Confidential Information shall be resolved by the Idaho Public Utilities Commission ("Commission"). 2. (a) Copies. No copies or transcriptions of the Confidential Information shall be made by the Paries except as necessar to make the information available to individuals who have executed an Exhibit A to this Protective Agreement. PROTECTIVE AGREEMENT - 2 (b) Return of Confidential Information. Upon request of Idaho Power, all original documents and copies of the Confidential Information shall be (1) returned 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 within thirt (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 verifying return shall be provided by counseL. (e) 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 fuishing of any document, information, data, study, or other materials pursuant to this Protective Agreement shall in no way limit or waive the right of the providing Party to object to its relevance or admissibilty 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 àny proceeding before the Commission, a Par 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, the Par 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 summar, reformatting the information, etc. PROTECTIVE AGREEMENT - 3 (b) Subsequent Challenge. In the event that the paries canot agree as to the character of the information challenged, the Parties may challenge the confidentiality of the information by petitioning in any proceeding in which the information is relevant the Commission to rule upon the disputed information. The Petition shall be served upon the Commission and all parties to the proceeding who have signed on Exhibit A as provided in this Protective Agreement. The Petition shall designate with specificity the document or material challenged and state the grounds upon which the subject material are deemed to be nonconfidential by Staff. (c) Challenge Hearing. The Parties shall request that the Commission conduct an in camera proceeding where only those persons duly authorized to have access to such challenged materials under this Protective Agreement shall be present. This hearing shall be commenced no earlier than five (5) business days after serving the Petition on Idaho Power and the Commission. The record of the in camera hearng shall be marked "CONFIDENTIAL -- Subject to Protective Agreement." To the extent necessar, the transcript of such hearing shall be separately bound, segregated, sealed, and witheld from public inspection by any person not bound by the terms of this Agreement. (d) Determination. The Paries wil ask the Commission to issue an Order determining whether any challenged information or material is not properly deemed to be exempt from public disclosure pursuant to the Idaho Public Records Act. (Idaho Code § 9-335, et seq.) If information is found to be not exempt from disclosure, the Parties shall not disclose such challenged material or use it in the public record, or otherwise outside the proceedings for at least five (5) business days unless Idaho Power consents to such conduct. This procedure enables the providing Pary to seek a stay or other relief from the Commission's Order removing the restrictions of this Agreement from material claimed to be confidentiaL. Such relief may be sought from the Commission or a court of competent jurisdiction. 5. (a) Reeeipt Into Evidenee. Provision is hereby made for receipt into evidence in this proceeding of materials claimed to be confidential in the following maner: PROTECTIVE AGREEMENT - 4 (1) If a Pary intends to use Confidential Information or to make substantive reference to Confidential Information supplied to it under this Agreement, it shall 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 the providing Pary, and such other Paries, if any, who have executed an Exhibit 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)(l) 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 terms of this Protective Agreement. (b) SeaL. While in the custody of the Commission, materials 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. (e) In Camera Hearing and Transeripts. Any Confidential Information that must be orally disclosed at a hearing in the proceedings shall be offered at an in camera hearing, attended only by persons authorized to have access to the information under this 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 IDAP A 31.01.01.287. (d) Aeeess to Reeord. 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 restrictions of this Agreement either through agreement of the PROTECTIVE AGREEMENT - 5 paries or after notice to the paries and hearing, pursuant to the order of the Commission and/or the final order of a court having final jurisdiction. (e) AppeaL. Should an appeal from the proceeding be taken, sealed portions of the record may be forwarded to any court of competent jurisdiction for puroses of an appeal, but under seal as designated herein for the information and use of the court. If a portion of the record is forwarded to a court under seal for the purposes of an appeal, the providing Par shall be notified which portion of the sealed record has been designated by the appealing pary as necessar to the record on appeaL. 6. Destruction or Return. Unless otherwse ordered, Confidential Information provided pursuant to a discovery request and this Agreement, including transcripts of any discovery depositions 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 be destroyed or shall be retued to counsel for the providing Party within thirt (30) days after final settlement or conclusion of this matter, including administrative or judicial review thereof. 7. Use in Pleadings. Where references to Confidential Information in the sealed record or with the custodian is required in pleadings, briefs, arguments, or motions (except as provided in paragraph 5), it shall be by citation to title or exhibit number or some other description that wil not disclose the substantive Confidential Information contained therein. Any use of or substantive references to Confidential Information shall be placed in a separate section of the pleading or brief and submitted to the Commission pursuant to paragraph 5. This sealed section shall be served only on counsel of record who have signed the non-disclosure agreements set forth in Exhibit A attached to this Protective Agreement and may, in turn, be disclosed by them only to individuals who likewise signed Exhibit A. 8. Summary of Reeord. If deemed necessar by the Commission, Idaho Power shall prepare a written sumary of the Confidential Information referred to in Orders to be issued to the public and the paries. PROTECTIVE AGREEMENT - 6 9. Counterparts. This Agreement may be executed in two or more counterart, each of which shall be deemed an original but all of which together shall constitute one and the same instrent. 10. Ths Protective Agreement shall become effective on the date first above written. DATED ths 15th day of April 2010. IDAHO POWER COMPAN BY:~£~ Lisa D. Nordstrom . 1221 West Idaho Street Boise, Idaho 83702 '- IDAHO PUBLIC UTILITIES COMMSSION STAFF By:Q.-w~~ ~.~~ Deputy Attorney General Idaho Public Utilities Commission 472 Wes Washington Street Boise, Idaho 83702 (NAME) Attorneys Representing Idaho Public Utilities Commission Staff PROTECl AGREEME - 7 PROTECTIVE AGREEMENT - 8 THE INDUSTRIAL CUSTOMERS OF IDAHO POWER By:~Qg),~ Peter J. Richardson Attorney Representing The Industrial Customers of Idaho Power ) PROTECTIVE AGREEMENT. 9 THE IDAHO IRRIGATION ASSOCIATI NC. PUMPERS By: i L. Olsen Attorney Representing The Idaho Irrigation Pumpers Association) Inc. EXHIBIT'IA" I have reviewed the foregoing Protective Agreement dated April 15, 20 JOin Case No. IPC-E-I 0- 12 and agree to be bound by the terms and conditions of such Agreement. L~èJ Idaho Public Utilties Commission Employer or Firm 472 W. Washington Street, Boise, Idaho 83702 Business Address Commission Staff Part a /z. / UJfO Date EXHIBIT" A" I have reviewed the foregoing Protective Agreement dated April 15, 20 i 0 in Case No. IPC-E-IO- 12 and agree to be bound by the terms and conditions of such Agreement. ~ Ctbc.kTERR CAROCK Idaho Public Utilties Commission Employer or Firm 472 W. Washington Street. Boise, Idaho 83702 Business Address Commission Staff Party ~ aDtólQJO Date EXHIBIT "A" J have reviewed the foregoing Protective Agreement dated April i 5, 20 i 0 in Case No. IPC-E- i O- J 2 and agree to be bound by the terms and conditions of such Agreement. ~~KAT LEEN A. STOCK O. Idaho Public Utilties Commission Employer or Firm 472 W. Washington Street, Boise, Idaho 83702 Business Address Commission Staff Par Date ,I 'f/2:b (to; EXHIBIT" A" I have reviewed the foregoing Protective Agreement dated April 15, 20 lOin Case No. IPC-E-IO- 12 and agree to be bound by the terms and conditions of such Agreement. Idaho Public Utilties Commission Employer or Firm 472 W. Washington Street, Boise, Idaho 83702 Business Address Commission Staff Party ¥yÚ¿JDate EXHIBIT" A" I have reviewed the foregoing Protective Agreement dated April 15, 20 JOin Case No. IPC-E..! O. 12 and agree to be bound by the terms and conditions of such Agreement. BE Idaho Public Utilties Commission Employer or Firm 472 W. Washington Street, Boise, Idaho 83702 Business Address Commission StaffPar ~¥Q Date EXHIBIT "A" 1 have reviewed the foregoing Protective Agreement dated April i 5, 2010 in Case No. I PC-E- i 0- 12 and agree to be bound by the terms and conditions of such Agreement. ~~ CURTIS THADEN Idaho Public Utilties Commission Employer or Firm 472 W. Washington Street, Boise, Idaho 83702 Business Address Commission StaffPar '-I - ~ \ - \ CJ Date EXHIBIT "A" I have reviewed the foregoing Protective Agreement dated April 15,2010 in Case No. IPC-E-IO- 12 and agree to be bound by the terms and conditions of such Agreement. L~ Idaho Public Utilties Commission Employer or Firm 472 W. Washington Street, Boise, Idaho Business Address Commission Staff Pary 'lff/;()Date / EXHIBIT A I have reviewed the foregoing Protective Agreement dated April i 5, 2010, in Case No. IPC-E-I 0- I 2 and agree to be bound by the terms and conditions of such Agreement. RtLJi~~ ~ .cJz.~ i ?Lt- C- Employer or Firm 12.( ~ 2- -i-k S~. , Business Address .. ~~$. i +=.v 6-5? d 2- Xl-du-f;i\,J ~~ Part '-,. 2.d - 2. () Date EXHIBIT A EXHBIT A I have reviewed the foregoing Protective Agreement dated Apnl 15,2010, in Case No. IPC-E-IO-12 and agee to be bound by the term and conditions of such Agreement. '-.JgJ tJ, ~8i?+Nf- PnntedName ~. (!Qß-~ Signate £M .:~~ Jt~ Employer or Firm 6'070 ¡¿If i?~. d¿)~l J: Business Address ' a~!;z=PtÆ( (jù2l:ÓvU~ pl;z~ç;wa Par ti I :Z!;lOIQDate I EXHBIT A Apr281010:56a Tony Yankel 440-808-1450 p.2 EXHIBIT A I have reviewed the foregoing Protective Agreement dated April i 5: 2010, in Case No. IPC-E-10-12 emd agree to be bound by tlie terms and conditions of such Agreement. Æ!t ffo A./~I Prime.d Name c¡ /Jili J( 6 L~7s~~~~~.~lE11i ¡¿9ftq ~ tf~cI~OP "1,-/40 Busin s AddressJL¿~l/~~ Party. . ~~?~ßq'(J Date EXHIBIT A