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Home My WebLink About20101214Protective Agreement.pdfPROTECTIVE AGREEMENTllllu BETWEEN IDAHO POWER COMPAN, STAFF, &"l#í1\l1l1iPRS CASE NO. IPC-E-IO-27 Un! ;¥(rVto 47 .. 1(:0' This Protective Agreement is entered as of the 29th day of November 2010 by Idaho Power Company ("Idaho Power"), the Idaho Public Utilties Commission Staf ("Staff'), and the undersigned Intervenors in Case No. IPC-E-I0-27 (hereinafter collectively referred to as the "Paries" or individually as a "Par") in connection with Idaho Power's request to modify recovery of incentives paid to secure demand-side resources. RECITALS: 1. WHEREAS, Idaho Power desires to make available to the Paries certn information respecting Idaho Power's Application for acceptace of its request to modify recovery of incentives paid to secure demand-side resources. 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, certin information considered by 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.) 4. WHEREAS, Idaho Power and the Paries agree that entering into. a Protective Agreement wil expedite the production of documents; wil aford 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 forth 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 materials fuished that are claimed to be of trade secret, proprieta, or confdential natue (herein referred to as "Confidential Information") shall be so marked by Idaho Power by staping the sae with a designation indicating its trade secret, proprieta, or confdential natue and printed on "colored" paper. Any claim of confidentiality must be accompanied by an attorney's certificate PROTECTIVE AGREEMENT BETWEEN IDAHO POWER COMPANY, STAFF, & INTERVENORS - i that the material is protected by law from public disclosure and cite the specific legal authority to 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 Confdential Information for puroses of business or competition or any purose other than the purose of preparation for and conduct of Case No. IPC-E-I0-27 and then solely as contemplated herein and shall keep the Confidential Information secure as trade secret, confidential, or proprieta information and in accordace with the purses 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 wrting 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 Utilties Commission ("Commission"). 2. (a) Copies. No copies or transcriptions of the Confidential Information shall be made by the Pares except as necessar to make the information available to individuals who have executed an Exhibit A to this Protective Agreement. PROTECTIVE AGREEMENT BETWEN IDAHO POWER COMPANY, STAFF, & INTERVENORS - 2 (b) Return of Confidential Information. Upon request of Idaho Power, all original documents and copies of the Confdential Information shall be (l) 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 retu of documents pursuant to this paragraph, and upon request, a written receipt verifying 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 returned 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 Pary to object to its relevance or admissibilty in any proceedings before this Commssion. 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, a Par may challenge the characterization of any information, document, data, or study claimed by Idaho Power to be a trade secret, proprietar, 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 BETWEEN IDAHO POWER COMPANY, STAFF, & INTERVENORS - 3 (b) Subsequent Challenge. In the event that the Paries canot agree as to the character of the information challenged, the Paries 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 paries to the proceeding who have signed on Exhibit A as provided in ths 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 non-confidential by the Pary. (c) Challenge Hearing. The Paries 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 afer serving the petition on Idaho Power and the Commission. The record of the in camera hearing 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 will 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 Par 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 cour of competent jurisdiction. 5. (a) Receipt Into Evidence. Provision is hereby made for receipt into evidence in this proceeding of materials claimed to be confidential in the following maner: PROTECTIVE AGREEMENT BETWEEN IDAHO POWER COMPANY, STAFF, & INTERVENORS. 4 (1) If a Pary intends to use Confidential Information or to make substative 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 (l) copy of the used Confidential Information or substative reference to Confidential Information or substantive reference to Confidential Information described in paragraph 5(a)(I) shall be placed in the sealed record. (3) Only one (l) 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 Confdential Information shall be marked "CONFIDENTIAL - SUBJECT TO ATTORNY'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 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 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 restrictions of this Agreement either though agreement of the PROTECTIVE AGREEMENTSETWEN IDAHO POWER COMPANY, STAFF, & INTERVENORS - 5 paries or afer notice to the paries and hearing, pursuant to the order of the Commission and/or the final order of a cour having final jurisdiction. (e) AppeaL. Should an appeal from the proceeding be taken, sealed portons of the record may be forwarded to any cour of competent jursdiction 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 cour under seal for the puroses of an appeal, the providing Par shall be notified which porton of the sealed record has been designated by the appealing par as necessar to the record on appeaL. 6. Destruction or Return. Unless otherwse ordered, Confidential Information provided pursuat 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 returned to counsel for the providing Par withn 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 Confdential Information contained therein. Any use of or substative 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 fort in Exhibit A attached to this Protective Agreement and may, in tu, be disclosed by them only to individuals who likewise signed Exhibit A. 8. Summary of Record. If deemed necessar by the Commission, Idaho Power shall prepare a written summar of the Confidential Information referred to in Orders to be issued to the public and the paries. PROTECTIVE AGREEMENT BETWEN IDAHO POWER COMPANY, STAFF, & INTERVENORS - 6 9. Counterparts. This Agreement may be executed in two or more counterpars, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 10. This Protective Agreement shal become effective on the date first above wrtten. DATED this 29th day of November 2010. IDAHO POWER COMPANY By: rÆ~ ¿g. 't~ Lisa D. N ordstro Idaho Power Company 1221 West Idaho Street Boise, Idaho 83702 Attorney Representing Idaho Power Company IDAHO PUBLIC UTILITIES COMMISSION STAFF By: Weldon B. Stutzan Deputy Attorney General Idaho Public Utilties Commission 472 West Washington Street Boise, Idaho 83702 Attorney Representing Idaho Public Utiities Commission Staff PROTECTIVE AGREEMENT BETWEEN IDAHO POWER COMPANY, STAFF, & INTERVENORS - 7 9. CounterQarts. This Agreement may be executed in two or more counterars, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 10. This Protective Agreement shall become effective on the date first above written. DATED this 29th day of November 2010. IDAHO .POWER COMPANY By:£Æ.~~ Lisa D. Nordstro . Idaho Power c.ompany 1221 West Idaho Street Boise, Idaho 83702 Attorney Representing Idaho Power Company IDAHO PUBLIC UTIL.ITIES COMMISSION STAFF')Y"~By: Weldon B, Stutzman Deputy Attorney General Idaho Public Utilities Commission 472 West Washington Street Boise, Idaho 83702 Attorney Representing Idaho Public Utilties Commission Staff PROTECTIVE AGREEMENT BETWEEN IDAHO POWER COMP AN, STAFF, & INTERVENORS - 7 INUSTR CUSTOMERS OF IDAHO POWER By: (idc/~ ~ Peter 1. Richardson Attomey Representig Industral Cusomers of Idaho Power PROTECTIVE AGREEMENT BET IDAHO POW"ER COMPANY, STAFF, & INRVEORS - 8 IDAHO IRRGATION PUMPERS ASSOCIATION, INC. By: Eric L. Olsen Attorney Representing Idaho Irrgation Pumpers Association, Inc. PROTECTIVE AGREEMENT BETWEN IDAHO POWER COMPANY, STAFF, & INTERVENORS - 9 IDAHO CONSERVATION LEAGUE By:å ~ Benjamin J. Otto Attorney Representing Idaho Conservation League PROTECTIVE AGREEMENT BETWEEN IDAHO POWER COMPANY, STAFF, & INTERVENORS. 10 NW ENERGY COALITION BY:~P Nancy Hirsh Representing NW Energy Coalition PROTECTIVE AGREEMENT BETWEEN IDAHO POWER COMPANY, STAFF, & INTERVENORS. i i SNAK RIVER ALLIACE By: ~rrr)..~--_ Ken Miler Representing Snake River Allance PROTECTIVE AGREEMENT BETWEEN IDAHO POWER COMPANY, STAFF, & fNTERVENORS -12 EXHIBIT "A" I have reviewed the foregoing Protective Agreement dated November 29, 2010 in Case No. IPC-E-I0-27 and agree to be bound by the terms and conditions of such Agreement. ,--. l . ./., . .. . \. 'j I..... .~/)i C/o .----.i \ /) 'I"l ((,1, i/, c"... . / . :' \ t-,i, t"/ \,./ ., ..../ . .....'.. ¡RANDY LOBBI . ; IDAHO PUBLIC UTILITIES COMMISSION Employer or Firm 472 W. WASHINGTON STREET, BOISE, IDAHO 83702 Business Address COMMISSION STAFF Pary I/! 3Ò/2.ID Date ~~ CmcR TERRI CARLOCK IDAHO PUBLIC UTILITIES COMMISSION Employer or Firm 472 W. WASHINGTON STREET, BOISE, IDAHO 83702 Business Address COMMISSION STAFF Party J ) -.3D --iOlO Date EXHIBIT "A" I have reviewed the foregoing Protective Agreement dated November 29, 2010 in Case No. IPC-E-I0-27 and agree to be bound by tle.1:erms.and conditions of such Agreement.Æ~:0,... "¿'~ DONN/ /I / IDAHO PUBLIC UTILITIES COMMISSION Employer or Firm 472 W. WASHINGTON STREET, BOISE, IDAHO 83702 Business Address COMMISSION STAFF Party 11/J?tJ iDate EXHIBIT "A" I have reviewed the foregoing Protective Agreement dated November 29, 2010 in Case No. IPC-E- I 0-27 and agree to be bound by the terms and conditions of such Agreement. IDAHO PUBLIC UTILITIES COMMISSION Employer or Firm 472 W. WASHINGTON STRET, BOISE, IDAHO 83702 Business Address COMMISSION STAFF Pary 1\ 120flQDate . 7 EXHIBIT "A" I have reviewed the foregoing Protective Agreement dated November 29, 2010 in Case No. IPC-E-l 0-27 and agree to be bound by the terms and conditions of such Agreement ~b~ CURTIS THADEN .. IDAHO PUBLIC UTILITIES COMMISSION Employer or Firm 472 W. WASHINGTON STREET, BOISE, IDAHO 83702 Business Address COMMISSION STAFF Pary 11--30-lD Date EXHIBIT "A" I have reviewed the foregoing Protective Agreement dated November 29, 2010 in Case No. IPC-E-IO-27 and agree to be bound by the terms and conditions of such Agreement. ~./~LYN- DËiN IDAHO PUBLIC UTILITIES COMMISSION Employer or Firm 472 W. WASHINGTON STREET, BOISE, IDAHO 83702 Business Address COMMISSION STAFFPar 12/1 /~(J/() Date J I EXHIBIT A I have reviewed the foregoing Protective Agreement dated November 29,2010, in Case No. IPC-E- i 0-27 and agree to be bound by the terms and conditions of such Agreement. /1:'2 A, ¡l~~ JifA K,'J.~rfr M Ò L~ PL L C- Employer or Firm 5 (F AJ. 7.7 -f J I, i Z"'.A , ItJ ;. J'ldL. .Business Address Xc-If Party /?- - ""- I ~ Date EXHIBIT A EXHIBIT A I have reviewe the foregoing Protective Agreement daed November 29, 2010, in Case No. IPC-E-IO-27 and agee to be boimd by 1Ìeter and conditions of such Agreent. :JarJ C'r?eAS)J:~~Prited Name ~~ckN~ :7'! .J~~wI;So/ i~ ~~. Employer or Firm ~o 10 ÆÜ¿¿kb S,'". :r!? Business Address i -: ri J. (/iJ ... .~ ~r' . c..ïc.'tt')~v~, ;-..¡\.V?(....'- ~ ~ Y~.iPar ttfJofzotO Date EXHIIT A