HomeMy WebLinkAbout20120123Protective Agreement.pdfPROTECTIVE AGREEMENT
BETWEEN IDAHO POWER COMPANY AND STAFF
CASE NO. IPC-E-11-24
This Protective Agreement is entered as of the 18th day of Januar 2012 by Idaho Power
Company ("Idao Power") and the Idaho Public Utilities Commssion Staff ("Staff) in Case No.
IPC-E-11-24 (hereinafter collectively referred to as the "Paries" or individually as a "Pary") in
connection with modification of the overhead rate in Idaho Power's Rule H taff relatig to new
service attachments and distribution line instalations and alterations.
RECITALS:
1. WHEREAS, Idaho Power desires to make available to the Staff certin
information respecting Idaho Power's proposed modification of its Rule H overhead rate.
2. WHEREAS, Staff desires to receive such information.
3. WHEREAS, Idaho Power and Staff 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 Staff agree that entering into a protective
agreement will expedite the production of documents; will aford the necessar protection to
Idaho Power's and Staffs employees and/or representatives in ths proceeding who might review
the inormation and subsequently be requested to reveal its contents by setting fort clear cut
parameters for use of Confdential Inormation, and will protect Confdential Inormation 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 fushed that are
claimed to be of a trade secret, proprietar, or confdential natue (herein referred to as
"Confidential Information") shall be so marked by Idaho Power by staping the same with a
designation indicating its trade secret, proprietar, or confdential natue and printed on yellow
paper. Any claim of confidentiality must be accompaned by an attorney's certificate that the
material is protected by law from public disclosure and cite the specific legal authority to support
PROTECTIVE AGREEMENT BETWEEN IDAHO POWER COMPANY AND STAFF - 1
the claim. IDAPA 31.01.01.067 and 31.01.01.233. Access to and review of Confidential
Information shall be strctly 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 Confdential
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-1 i -24, and then solely as contemplated herein,
and shall keep the Confdential Information secure as trade secret, confidential, or proprietar
information and in accordance with the puroses and intent of ths Agreement.
(c) Persons Entitled to Review.
Individual access to Confdential 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 will be clearly marked
and protected from unauthorized public disclosure.
(d) Nondisclosure Agreement.
Confdential Inormation shall not be disclosed to any person who has not signed a
nondisclosure agreement on this form, which is attched 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 Utilties Commission ("Commssion").
2. (a) Copies.
No copies or transcriptions of the Confdential Information shall be made by Staff 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 AND STAFF - 2
(b) Return of Confidential Information.
Upon request of Idaho Power, all original documents and copies of the Confdential
Information shall be (l) retued to Idaho Power or (2) shredded by the holder of such
documents.
Unless otherwse ordered, Confidential Information, including transcripts of 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 ths Agreement, and shall likewise be
retued to counsel for Idaho Power withn 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 Confdential Information which embody or reflect
any of the Confdential Information provided under ths 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 fushing of any document, information, data, study, or other materials pursuant to
this Protective Agreement shall in no way limit or waive the right of Idaho Power to object to its
relevance or admissibility in any proceedings before ths 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 Commssion, Staf
may challenge the characterization of any information, document, data, or study claimed by
Idaho Power to be a trade secret, proprieta, or confdential information. If seeking to challenge
the confdentiality of any information, Staff shall first contact counsel for Idaho Power and
attempt to resolve any difference by stipulation. Resolution may include removing the
confdential classifications, creating a non-confdential sumar, reformatting the inormation,
etc.
PROTECTIVE AGREEMENT BETWEEN IDAHO POWER COMPANY AND STAFF - 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 confdentiality 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 an Exhbit 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 is 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 hearng 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 hearing shall be marked "CONFIDENTIAL -- Subject to Protective Agreement."
To the extent necessar, the transcript of such hearing shal be separately bound, segregated,
sealed, and withheld from public inspection by any person not bound by the terms of ths
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 Paries shall not disclose such challenged material or use it
in the public record, or otherwse outside the proceedings, for at least five (5) business days
uness Idaho Power consents to such conduct. Ths procedure enables the providing Party to
seek a stay or other relief from the Commssion's Order removing the restrctions of this
Agreement from material claimed to be confidentiaL. Such relief may be sought from the
Commssion 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 confdential in the following maner:
PROTECTIVE AGREEMENT BETWEEN IDAHO POWER COMPANY AND STAFF - 4
(1) If Staff intends to use Confidential Inormation or to make
substantive reference to Confdential 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 Part, and such other Paries, if any, who have executed an Exhbit A to this Protective
Agreement.
(2) One (1) copy of the used Confdential Information or substantive
reference to Confdential Information described in paragraph 5(a)(I) 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 Confdential Information
shall be marked "CONFIDENTIAL -- SUBJECT TO ATTORNEY'S CERTIFICATE10F
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 Confdential Information that must be orally disclosed at a hearing in the
proceedings shall be offered at an in camera hearng, 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 Confdential Inormation (or that portion of the record
containing Confdential Information) shall be marked and treated as provided herein for
Confdential 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 ths Protective Agreement, unless such
information is released from the restrictions of this Agreement either though agreement of the
PROTECTIVE AGREEMENT BETWEN IDAHO POWER COMPANY AND STAFF - 5
Paries or afer notice to the Paries and hearing, pursuant to the order of the Commission and/or
the final order of a court having final jursdiction.
(e) Appeal.
Should an appeal from the proceeding be taken, sealed portions of the record may be
forwarded to any cour of competent jurisdiction for puroses of an appeal, but under seal as
designated herein for the information and use of the cour. 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
portion 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, Confdential Inormation provided pursuant to a discovery
request and ths 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 retured to counsel for the
providing Par within thirt (30) days afer final settlement or conclusion of this matter,
including administrative or judicial review thereof.
7. Use in Pleadings.
Where references to Confdential Information in the sealed record or with the custodian is
requied 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
substative Confdential 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 fort in Exhibit A
attached to ths Protective Agreement and may, in turn, 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 sumar of
the Confidential Inormation referred to in Orders to be issued to the public and the paries.
PROTECTIVE AGREEMENT BETWEEN IDAHO POWER COMPANY AND STAFF - 6
9. Counterpart.
Ths Agreement may be executed in two or more counterars, each of which shall be
deemed an original but all of which togeter shall constitute one and the same instrent.
10. Ths Protective Agreement shal become effectve on the date fist above wrtten.
DATED ths 1 day of Januar 2012. .
IDAHO POWER COMPAN
fl. Q 1tBy: .- 0,,~. ~~
~:Nordstrom
Idaho Power Company
1221 West Idaho Street
Boise, Idaho 83702
Attorney Representing
Idaho Power Company
IDAHO PUBLIC UTILITIES COMMSSION STAFF
By: Æ-t a. Swe;\_
Kr ne Sasser
Deputy Attorney General
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83702
Attorney Representig
Idaho Public Utilities Commission Staf
PROTECTIV AGREEMENT BETWEEN IDAHO POWER COMPAN AN STAFF - 7
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated Januar is, 2012 in Case No. IPC-E-
11-24 and agree to be bound by the terms and conditions of such Agreement.
~d&
Idaho Public Utilties Commission
Employer or Firm
472 W. Washington Street, Boise, Idaho 83702
Business Address
Commission StaPar
I It 'l / 'Û l'L
Date
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated Januar is, 2012 in Case No. IPC-E.
1 1 -24 and agree to be bound by the terms and conditions of such Agreement.
í?J~
RIèK STERLIN
Idaho Public Utilties Commission
Employer or Firm
472 W. Washington Street, Boise, Idaho 83702
Business Address
Commission StaPar
f/2.;.//Z-Date
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated Januar is, 2012 in Case No. IPC-E-
1 1-24 and agree to be bound by the terms and conditions of such Agreement.
~~cR
TERR CAROCK
Idaho Public Utilties Commission
Employer or Firm
472 W. Washington Street, Boise, Idaho 83702
Business Address
Commission StafPar
1 J i 9 ):iu/.2
Date
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated Januar is, 2012 in Case No. IPC-E-
1 1 -24 and agree to be bound by the terms and conditions of such Agreement.
~,~KA TON
Idaho Public Utilties Commission
Employer or Firm
472 W. Washington Street, Boise, Idaho 83702
Business Address
Commission StaffPar
Date
EXHIBIT" A"
I have reviewed the foregoing Protective Agreement dated Januar is, 2012 in Case No. IPC-E-
1 I -24 and agree to be bound by the terms and conditions of such Agreement.
~;1Jt AÂc,~b
CATHLEEN McHUGH
Idaho Public Utilties Commission
Employer or Firm
472 W. Washington Street, Boise, Idaho 83702
Business Address
Commission StaPar
-:~
Date
(ei i 2.0 ti