HomeMy WebLinkAbout20140407Protective Agreement.pdfPROTECTIVE AGREEMENT
BETWEEN
IDAHO POWER COMPANY AND
IDAHO PUBLIC UTILITIES COMMISSION STAFF
(AND OTHER PARTIES AS APPLICABLE)
This Protective Agreement is entered into this 7h day of March 2014 by Idaho Power
Company ("ldaho Power") and the ldaho Public Utilities Commission (Staff), and other parties as
applicable.
Recitals:
l. WHEREAS, Idaho Powerand the ldaho Public Utilities Commission StatT(hereinafter
"Statf') anticipate that parties to this proceeding may make requests to provide, or make available
tbr review, certain infbrmation, considered by its custodian to be of a trade secret, privileged or
contidential nature (as defined in ldaho Code $$ 9-340 and 48-801).
2. WHEREAS, Idaho Power and the undersigned parties agree that entering into a
ProtectiveAgreement will expedite the production ofdocuments; will afford the necessary protection
to ldaho Power's and the undersigned parties' employees and/or representatives in Case No. IPC-E-
l4-02 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 will protect Confidential
Information which might be provided during the course of the proceedings, now therefore,
IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS:
l. (a) Confidential Information
All documents, data, information, studies and other materials furnished pursuant to any
requests for information, subpoenas or other modes of discovery (formal or informal), and including
depositions, that are claimed to be of trade secret, proprietary or confidential nature (herein referred
to as "Confidential Information") shall be so marked by the party or entity providing the information
by stamping the same with a designation indicating its trade secret, proprietaryor confidential nature
and printed on "yellow" paper. IDAPA 31.01.01.067. 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 support the claim. IDAPA 31.01.01.233.
PROTECTIVE AGREEMENT. I
(b) Protection of Confidential Information
Access to and review of Contidential Information shall be strictly controlled by the terms of
this Agreement. Unless otherwise ordered, Confidential Infbrmation, including transcripts of
depositions containing information to which a claim of contidentiality is made, shall remain under
seal, shall continue to be subject to the protective requirements of this Agreement, and shall not be
disclosed to individuals who have not executed the nondisclosure agreement set tbrth in Exhibit "A."
(c) Use of Confidential Information
All persons who may be entitled to review, or who are at-forded access to any Contidential
lntbrmation by reason of this Agreement shall neither use nor disclose the Confidential Information
tbr purposes of business or competition, or any purpose other than the purpose of preparation for and
conduct of the proceedings, and then solely as contemplated herein, and shall keep the Contidential
lntbrmation secure as trade secret, confidential orproprietary information and in accordance with the
purposes and intent of this Agreement.
(d) Persons Entitled to Review
Access to Confidential Information shall bb limited to counsel of the undersigned parties,
employees, experts, agents or representatives of the undersigned parties who have executed an
Exhibit ''A" to this Agreement. Such information will be clearly marked and protected from
unauthorized public disclosure.
(e) Non-disclosure Agreement
Confidential Information shall not be disclosed to any person who has not signed a non-
disclosure agreement on this form, which is attached hereto as Exhibit "A" and incorporated herein.
The non-disclosure 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 certifu 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. Such agreement shall be delivered to
counsel for the providing party, before disclosure is made.
2. Copies
No copies or transcriptions of the Confidential lnformation shall be made by the recipient
except as necessary to make the information available to individuals who have executed an Exhibit
"A" to this Protective Agreernent.
PROTECTIVE AGREEMENT . 2
3. Non-waiver of Obiection to Admissibilitv
The furnishing of any document, intbrmation, 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 admissibility in any proceedings betbre this Commission.
{. Challenee to Confidentiality
(a) [nitial Challenee
This Protective Ageernent establishes a procedure fbr the expeditious handling of
intbrmation that a party claims is confidential. Any party may challenge the characterization of any
intbrmation, document, data or study claimed by the providing party to be a trade secret, proprietary
or contidential infbrmation. A party seeking to challenge the confidentiality of any infbrmation shall
first contact counsel for the providing party and attempt to resolve any difTerence by stipulation.
Resolution may include removing the confidential classifications, creating a non-confidential
summary, retbrmatting the information, etc.
(b) Subsequent Challenee
In the event that the parties cannot agree as to the character of the information challenged,
any party challenging the contidentiality may petition the Commission to rule upon the disputed
intbrmation. The Petition shall be served upon the Commission and all parties to the case who have
signed on Exhibit'oA" 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 non-confidential by the challenging party.
(c) Challenee Hearins
The challenging party 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 the providing party and the Commission. The record of
the in camera hearing shall be marked ''CONFIDENTIAL - Subject to Protective Agreement."
To the extent necessary, the transcript of such hearing shall be separately bound, segregated, sealed,
and withheld from public inspection by any person not bound by the terms of this Agreernent.
PROTECTIVE AGREEMENT - 3
(d) Determination
The parties will ask the Commission to issue an Order determining whether any challenged
intbrmation or material is not properly deemed to be exempt hom public disclosure pursuant to the
Idaho Public Records Act (ldaho Code $$ 9-335, 9-337 ,9-3404,). If intbrmation is tbund to be not
exempt from disclosure, no party shall disclose such challenged material or use it in the public
record, or otherwise outside the proceedings for at least tive (5) business days unless the providing
party consents to such conduct. This procedure enables 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) Receipt lnto Evidence
Provision is hereby made for receipt into evidence in this proceeding of materials claimed to
be confidential in the following manner:
(l) If the requesting party intends to use Confidential Information or to make
substantive reference to Confidential lnformation supplied to it under this Agreement, it shall give
reasonable prior notice of such intention to the providing party and shall provide copies of the used
Confidential Information or substantive reference to Confidential Information only to the providing
party, and such other parties, if any, who have executed an Exhibit "A" to this Protective Agreement.
(2) One ( I ) copy of the used Confidential Information or substantive reference to
Confidential Information or substantive reference to Confidential Information described in paragraph
5(aXl) shall be placed in the sealed record.
(3) The copy of the documents to be placed in the sealed record shall be tendered by
counsel for the providing party 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
forth in this Agreernent, if applicable.
PROTECTIVE ACREEMENT . 4
(c) 1z Camera Hearins and Transcripts
Any Contidential Information that must be orally disclosed at a hearing in the proceedings
shall be otfered at an in camera hearing, attended only by persons authorized to have access to the
inibrmation under this Protective Agreement. Similarly, any transcription of any examination or
other ret'erence to Contidential Information (or that portion of the record containing Contidential
lntbrmation) shall be marked and treated as provided herein tbr Confidential Information.
(d) Access to Record
Access to sealed testimony, records, and information shall be limited to theCommission and
persons who have signed an Exhibit "A" as provided in this Protective Agreement, unless such
infbrmation is released from the restrictions of this Agreernent either through agreement of the
parties or after notice to the parties and hearing, pursuant to the order of the Commission and/or the
tlnal 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 purposes of an appeal, but under seal as
designated herein for the information and use ofthe court. If a portion ofthe record is forwarded to a
court under seal for the purposes of an appeal, the providing party shall be notified which portion of
the sealed record has been designated by the appealing party as necessary to the record on appeal.
6. Use in Pleadinss
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 will 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 nondisclosure agreements set forth in Exhibit "A" attached to this Protective
Agreement, and may, in tum, be disclosed by them only to individuals who likewise signed Exhibit
"A".
PROTECTIVE AGREEMENT - 5
7, Summarv of Record
lf deemed necessary by the Commission, the providing parties shall prepare a written
summary of the Contrdential Information ref'erred to in Orders to be issued to the public and the
parties.
8. Return or Destruction of Confidential Information
(a) Upon request of the providing party, all original documents and copies of the
Confidential Information shall be: ( I ) returned to the providing party; or (2) or at the option of the
recipient destroyed within thirty (30) days after the final settlernent or conclusion of the proceedings,
including administrative or judicial review thereof. After return or destruction of documents
pursuant to this paragraph, and upon request, a written receipt verifoingretum ordestruction shall be
provided by counsel.
(b) On a case-by-case basis and upon notification to the utility, the Commission Staff
may retain one copy of the Confidential Information under seal. Notwithstanding any other
provision in this Agreernent, any member of Staff may review and use that copy of the Confidential
Information outside this proceeding while performing his or her duties as a StatTmember. Staff s
use and disclosure of the Confidential Information in a later Commission proceeding shall be subject
to any protective agreement signed in the proceeding.
(c) 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 ofthe
providing party, be either returned to the providing party or, at the option of the recipient, destroyed.
9. Effective Date
This Protective Agreement shall become et'fective on the date hereof.
PROTECTIVE AGREEMENT - 6
DATED this 7& day of March2}l4.
IDAHO POWER COMPAI\Y
Idaho Power Company
l22l West Idaho Street
Boise, Idaho 83702
Attorney Representing
Idaho Power Company
IDAHO PUBLIC UTILITIES COMMISSION STAFF
By:\rLo- --'---'' *'l'-.--
Name: iri . 1i l{ ' !"
Deputy Attorney General
Idaho Public Utilities Commission
47 2 W est Washington Street
Boise, Idatro 83702
Attomey Representing
Idaho Public Utilities Commission Staff
PROTECTIVE AGREEMENT. 7
r J. Richardson
-yy
DATED tfri, I U day ot March 2014.
INDUSTRIAL CUSTOMERS OF IDAHO POWER
Attorney Representing the Industrial Customers of ldaho
Power
PROTECTIVE ACREEMENT - 8
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this 7h day of March 2Ol4in Case No.
IPC-E-14-02 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.ID 83702
Business Address
Commission Staff
Party
Nikki Karpavich
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this 76 day of March 2Ol4 in Case No.
IPC-E-14-02 and agree to be bound by the terms and conditions of such Agreement.
ldaho Puhlic Iltilities Commission
Employer or Firm
472 W. Washington Street. Boise. ID 83702
Business Address
Commission Staff
Party
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Date
EXHIBIT "A'
I have reviewed the foregoing Protective Agreement dated this 7'h day of March 2014in Case No.
IPC-E-14-02 and agree to be bound by the terms and conditions of such Agreement.
Employer or Firm
472 W. Washington Street. Boise. ID 83702
Business Address
Commission Staff
Party
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this 7'h day of March 2014 in Case No.
IPC-E-14-02 and agree to be bound by the terms and conditions of such Agreement.
Idaho Public I ltilities Commission
Employer or Firm
472 W. Washington Street. Boise.ID 83702
Business Address
Commission Staff
Party
<l'dlr'{
Date i j
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this 7'h day of March 2014 in Case No.
IPC-E-14-02 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. ID 83702
Business Address
Commission Staff
Party
lltlu:tu
Terri Carlock
EXHIBIT "A"
I have reviewed the foregoing Protective Agreementdated March 7,2014, in Case No. tPC-
E-14-02 and agree to be bound by the terms and conditions of such Agreement.
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Employer or Firm
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EXHIBIT *A'
I have reviewed the fbregoing Protective Agreement dated March 7,2014, in Case No. IPC-
E- 14-02 and agree to be bound by the terms and conditions of such Agreement.
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EXHIBIT "A''
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated March 7,2014, in Case No. IPC-
E-14-02 and agree to be bound by the terms and conditions of such Agreement.
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