20140507Protective Agreement.pdf

PROTECTIVE AGREEMENT
BETWEEN
IDAHO POWER COMPANY AND
IDAHO PUBLIC UTILITIES COMMISSION STAFF
(AND OTHER PARTIES AS APPLICABLE)
CASE NO. IPC.E-I4-05
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This Protective Agreement is entered into this 30'h day of April 2014 by Idaho Power
Company ("ldaho Power") and the Idaho Public Utilities Comrnission (Staff). and other parties as
applicable.
Recitals:
l. WHEREAS, Idaho Power and the Idaho Public Utilities Comrnission Staff (hereinafter
"Staff') anticipate that parties to this proceeding may rnake requests to provide. or make available
fbr review, certain information, considered by its custodian to be of a trade secret, privileged or
confidential nature (as defined in ldaho Cbde $$ 9-340 and 48-801).
2. WHEREAS, Idaho Power and the undersigned parties agree that entering into a
Protective Agreement will expedite the production of documents; will afford the necessary protection
to Idaho Power's and the undersigned parties' employees and/or representatives in Case No. IPC-E-
l4-05 who might review the information and subsequently be requested to reveal its contents by
setting tbrth 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, proprietary or confidential nafure
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 3l .01 .01.233.
PROTECTIVE AGREEMENT - I
(b) Protection of Confidential Information
Access to and review of Confidential Information shall be strictly controlled by the terms of
this Agreement. Unless otherwise ordered, Confidential Information. 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 fbrth in Exhibit "A."
(c) Use of Confidential Information
All persons who may be entitled to review, or who are afforded access to any Confidential
Infbrmation by reason of this Agreement shall neither use nor disclose the Confidential Infbrmation
fbr purposes of business or competition. or any purpose other than the purpose of preparation tbr and
conduct of the proceedings, and then solely as contemplated herein, and shall keep the Confidential
Infbrmation secure as trade secret, confidential or proprietary information and in accordance with the
purposes and intent of this Agreement.
(d) Persons Entitled to Review
Access to Confidential Infbrmation shall be 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 Asreement
Confidential Intbrmation 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
rnade to read a copy of this Protective Agreement and to certiff 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 agreernent shall be delivered to
counsel for the providing party, before disclosure is rnade.
2, Copies
No copies or transcriptions of the Confidential Information 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 Agreement.
PROTECTIVE AGREEMENT . 2
3. Non-waiver of Obiection to Admissibility
The tirrnishing 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 Confidentialitv
(a) Initial Challenee
This Protective Agreement establishes a procedure for the expeditious handling of
infbrmation that a party clairns is confldential. Any party rnay challenge the characterization of any
information, docurnent, data or study clairned by the providing party to be a trade secret, proprietary
or confidential information. A party seeking to challenge the confidentiality of any information shall
tirst contact counsel tbr the providing party and attempt to resolve any ditference by stipulation.
Resolution rnay include removing the confidential classifications, creating a non-confidential
summary. reformatting the information. etc.
(b) SubsequentChallenee
In the event that the parties cannot agree as to the character of the information challenged.
any party challenging the confidentiality rnay petition the Commission to rule upon the disputed
information. The Petition shall be served upon the Comrnission and all parties to the case 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
rnaterial are deemed to be non-confidential by the challenging party.
(c) Challenee Hearins
Tlre challenging party shall request that the Commission conductan in camera proceeding
wlrere 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 maTked "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 Agreement.
PROTECTIVE AGREEMENT - 3
(d) Determination
The parties will ask the Comrnission to issue an Order determining whether any challenged
infbrmation or rnaterial is not properly deemed to be exempt tiom public disclosure pursuant to the
Idaho Public Records Act(ldaho Code $$ 9-335. 9-337,9-340.4.). If information is fbund to be not
exempt tiorn disclosure. no party shall disclose such challenged material or use it in the public
record, or otherwise outside the proceedings fbr at least tive (5) business days unless the providing
party consents to such conduct. This procedure enables the restrictions of this Agreement tiom
material claimed to be contidential. Such relief may be sought from the Cornmission or a court of
competent j urisdiction.
5. (a) Receint Into Evidence
Provision is hereby rnade fbr receipt into evidence in this proceeding of materials claimed to
be confidential in the tbllowing manner:
(l) If the requesting party intends to use Confidential Information or to make
substantive reference to Confidential Infonnation 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 (l) copy of the used Confidential Information or substantive reference to
Confidential Information or substantive ref'erence 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 Cornmission, and shall be rnaintained in accordance with the
terms of this Protective Agreement.
(b) Seal
While in the custody of the Cornrnission. 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 Agreement, if applicable.
PROTECTIVE AGREEMENT - 4
(c) Iz Ccnlera Hearine and Transcripts
Any Confidential Infbrmation that must be orally disclosed at a hearing in the proceedings
shall be ottered at an in comera hearing, attended only by persons authorized to have access to the
infbrmation under this Protective Agreernent. Sir"nilarly. any transcription of any examination or
other ref'erence to Contidential Infbrmation (or that portion of the record containing Confidential
Infbrmation) shall be marked and treated as provided herein fbr Contldential Infbrmation.
(d) Access to Record
Access to sealed testimony. records, and infbrmation shall be limited to the Comrnission and
persons who have signed an Exhibit'uA" as provided in this Protective Agreement, unless such
information is released from the restrictions of this Agreement either through agreement of the
parties or afier notice to the parties and hearing, pursuant to the order of the Cornrnission and/or the
f'rnal order of a court having final jurisdiction.
(e) Anpeal
Should an appeal from the proceeding be taken, sealed portions of the record rnay be
fbrwarded to any court of competent jurisdiction fbr purposes of an appeal, but under seal as
designated herein for the information and use of the court. If a portion ofthe record is forwarded to a
court under seal fbr 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 Contldential 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 Infbrmation 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
Comrnission 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 turn, be disclosed by them only to individuals who likewise signed Exhibit
*Att.
PROTECTIVE AGREEMENT - 5
7. Summarv of Record
If deemed necessary by the Commission. the providing parties shall prepare a written
summary of the Confidential Intbrmation ret'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 parfy. all original documents and copies of the
Confidential Information shall be: (l) returned to the providing party: or (2) or at the option of the
recipient destroyed within thirty (30) days after the final settlement or conclusion of the proceedings,
including administrative or judicial review thereot'. After return or destruction of documents
pursuant to this paragraph, and upon request, a written receipt veriffing retum or destruction shall be
provided by counsel.
(b) On a case-by-case basis and upon notification to the utility. the Comrnission Staff
ruray retain one copy of the Confidential Information under seal. Notwithstanding any other
provision in this Agreement, any member of StafTmay review and use that copy of the Confidential
Information outside this proceeding while performing his or her duties as a StafTmember. 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 Infbrmation which embody or
reflect any of the Confidential Information provided under this Agreement shall. upon request of the
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 effective on the date hereof.
PROTECTIVE AGREEMENT - 6
DATED this 30h day of April2014.
IDAHO POWER COMPANY
1l--., i c-t, /Byz - *,t .* ;L' . / ,cucLi-*rn-
Lisa D. Nordstrom r
Idaho Power Compiny
1221 West Idaho Street
Boise,ldaho 83702
Attorney Representing
Idaho Power Company
IDAHO PUBLIC UTILITIES COMMISSION STAFF
P'7 //l
Karl T. Klein
Deputy Attomey General
Idaho Public Utilities Commission
47 2 W est Washington Street
Boise,ldaho 83702
Attomey Representing the
Idaho Public Utilities Commission Staff
By:
PROTECTIVE AGREEMENT - 7
..t'
7 ,''
DATED this 1,7 aun of /'Ua1 2014.,r_l-_
TNDUSTRIAL CUSTOMERS OF IDAHO POWER
Peter J. Richardson
Attorney Representing the [ndustrial Customers of ldaho
Power
PROTECTIVE,{GREEMENT - 8
DArED ,nir6 il
auyor t/q{ zor+.
IDAHO CONSERVATION LEAGUE
Benjamin J. Otto
Attorney Representing the ldaho Conservation League
PROTECTIVE AGREEMENT - 9
DATED this _ day of _ 2014.
IDAHO IRRIGATION PUMPERS ASSOCIATION, INC.
Eric L. Olsen
Attomey Representing the Idaho Irrigation Pumpers
Association, Inc.
By:
PROTECTIVE AGREEMENT. IO
EXHIBIT *A'
I have reviewed the foregoing Protective Agreement dated April 30, 2014, in Case No. IPC-
E-14-05 and agree to be bound by the terms and conditions of such Agreement.
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Employer or Firm
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Par$
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Date
EXHIBIT"A"
EXHIBIT'6A'
I have reviewed the foregoing Protective Agreement dated April 30,2014, in Case No. IPC-
E-14-05 and agree to be bornd by the terms and conditions of such Agreement.
Business Address
rcEp
Party
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Employer or Firm
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EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated April 30, 2014, in Case No. IPC-
E- 14-05 and agree to be bound by the terms and conditions of such Agreement.
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Name Ntru11iyl CVt?--T73
--Rtcvrar.'lcn, N darnor, Plu ,:
Employer or Firm
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Business Address
{r.U;-Xal Gprtornr,lr, rU Jaa:u" +}rry.-
EXHIBIT "A"
EXHIBIT "A''
I lrave reviewed the foregoing Protective Agreement dated April 30,2014 in Case No. IPC-E-14-05
and agree to be bound by the terms and conditions of such Agreement.
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Idaho Public Utilities Commission
Employer or Firm
472 W. Washineton Street. Boise. ID 83702
Business Address
Commission Staff
Party
ul I,3/u/7olA
EXHIBIT "A'
I have reviewed the foregoing Protective Agreement dated April 30,2014 in Case No. IPC-E-14-05
and agree to be bound by the terms and conditions of such Agreement.
'Jrrr. 0 iu i,, c h
Terri Carlock
Idaho Public Utilities Commission
Employer or Firm
472 W. Washingllon Street. Boise. ID 83702
Business Address
Commission Staff
Party
ttla** t, jtC/9
EXHIBIT *A'
I have reviewed the foregoing Protective Agreement dated April 30,201 ase No. IPC-E-14-05
and agree to be bound by the terms any' conditiods of such Agreement.
Idaho Public Utilities Commission
Employer or Firm
472W. Washinston Street. Boise. ID 83702
Business Address
Commission Staff
Party
_r/l , '(Date
EXHIBIT ..A''
I have reviewed the foregoing Protective Agreement dated April 30, 2014 in Case No. IPC-E-14-05
and agree to be bound by the terms and conditions of such Agreement.
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Stacey Donohrje
Party
tl;ltl')ul '-J-urt.-
Idaho Public Utilities Commission
Employer or Firm
472 W. Washington Street. Boise. [D 83702
Business Address
Commission Staff
EXHIBIT *A'
I have reviewed the foregoing Protective Agreement dated April 30,2014 in Case No. IPC-E-14-05
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
.i /, /,/
t)"rt.
Sdndra Walker
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated April 30,2014 in Case No. IPC-E-14-05
and agree to be bound by the terms and conditions of such Agreement.
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Idaho Public Utilities Commission
Employer or Firm
472 W. Washington Street. Boise. ID 83702
Business Address
Commission Staff
Party
,f,,,, ,/,--. \ /' /> i ["o,t/
Date
EXHIBIT ..A"
I have reviewed the foregoing Protective Agreement dated April 30,2014 in Case No. IPC-E-14-05
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
EXHIBIT "A'
I have reviewed the foregoing Protective Agreement dated April 30, 2014 in Case No. IPC-E-14-05
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 Sfaff
Party
Sla tq
u'dle I '
EXHIBIT "A'
I have reviewed the foregoing Protective Agreement dated April 30,2014 in Case No. IPC-E-14-05
and agree to be bound by the terms and conditions of such Agreement.
t.Ld lla'<., /\/.r, lptL.
Nancy Hylldn /'
Idaho Public Utilities Commission
Employer or Firm
472 W. Washington Street. Boise.ID 83702
Business Address
Commission Staff
Party
,)l,tr,, ) .J-,y.,4
EXHIBIT ..A"
I have reviewed the foregoing Protective Agreement dated April 30,2014 in Case No. IPC-E-14-05
and agree to be bound by the terms and conditions of such Agreement.
Keith Hessing
Idaho Public Utilities Commission
Employer or Firm
472W. Washinston Street. Boise. ID 83702
Business Address
Commission Staff
Party
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated April 30,2014 in Case No. IPC-E-14-05
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. [D 83702
Business Address
Commission Staff
Party
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