20140520Protective Agreement.pdf

PROTECTIVE AGREEMENT
BETWEEN
IDAHO POWER COMPANY AND
IDAHO PUBLIC UTILITIES COMMISSION STAFF
(AND OTHER PARTIES AS APPLICABLE)
CASE NO. IPC.E-1{-08
This Protective Agreernent is entered into this 9th day of May 2014 by Idaho Power Company
("ldaho Power") and the Idaho Public Utilities Commission (Staff). and other parties as applicable.
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l. WHEREAS, Idaho Power and the Idaho Public Utilities Comrnission Staff (hereinafter
"Staff") anticipate that parties to this proceeding may make requests to provide, or make available
fbr review. certain intbrmation, considered by its custodian to be of a trade secret, privileged or
confidential nature (as defined in ldaho C'orle $Q 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-
l4-08 who might review the information and subsequently be requested to reveal its contents by
setting forth clear cut parameters for use of Confidential Infonnation. and will protect Confidential
Intbmration which rnight be provided during the course of the proceedings. now therefore,
IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS:
1. (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 clairned 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 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 Confidential Intbrmation shall be strictly controlled by the tenns of
this Agreement. Unless otherwise ordered, Conf-rdential Information. including transcripts of
depositions containing intbrrnation to which a clairn of confidentialiry is made, shallrernain 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 forth in Exhibit "A."
(c) Use of Confidential Information
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Information by reason of this Agreement shall neither use nor disclose the Confidential Intbrmation
tbr purposes of business or competition. or any purpose other than the purpose of preparation fbr and
conduct of the proceedings, and then solely as contemplated herein. and shall keep the Confidential
Infbrmation secllre as trade secret, confidential or proprietary infbrmation and in accordance with the
purposes and intent of this Agreement.
(d) Persons Entitled to Review
Access to Confidential Information 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 infbrmation will be clearly rnarked and protected from
unauthorized public disclosure.
(e) Non-disclosure Asreement
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
nrade 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. Corries
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 tq Admissibilitv
The furnishing of any document, intbrmation, data. study or other materials pursuant to this
Protective Agreement shall in r1o way limit or waive the right of the providing party to object to its
relevance or admissibility in any proceedings befbre this Commission.
{. Challenee to Confidentialitv
(a) Initial Challenee
This Protective Agreement establishes a procedure for the expeditious handling of
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intbrmation, docurnent, data or study clairned by the providing party to be a trade secret. proprietary
or confidential information. A party seeking to challenge the contidentiality of any infbrmation shall
tirst contact counsel tbr the providing party and attempt to resolve any ditference by stipulation.
Resolution may include removing the confidential classifications, creating a non-confidential
summary. refomratting the information, etc.
(b) SubsequentChallenee
In the event that the parties cannot agree as to the character of the infbnnation challenged.
any party challenging the confidentiality may petition the Commission to rule upon the disputed
infbrmation. The Petition shall be served upon the Cornmission and all parties to the case who have
signed on Exhibit o'A" as provided in this Protective Agreement. The Petition shall designate with
specificity the docurnent or rnaterial challenged and state the grounds upon which the subject
material are deemed to be non-confidential by the challenging party.
(c) Challense Hearins
Tlre challenging party shall request that the Commission conductan 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 Comrnission. 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 tenns of this Agreement.
PROTECTIVE AGREEMENT. 3
(d) Determination
The parties will ask the Comrnission to issue an Order determining whether any challenged
infbrmation or material is not properly deemed to be exernpt tiom public disclosure pursuant to the
IdahoPublicRecords Act(ldaho C'orle$$9-335.9-337.9-340.4). Ifinfbrmationisfbundtobenot
exempt tiom disclosure. no party shall disclose such challenged material or use it in the public
record. or otherwise outside the proceedings tbr at least five (5) business days unless the providing
party consents to such conduct. This procedure enables the restrictions of this Agreement tiom
competent j urisdiction.
5. (a) Receint Into Evidence
Provision is hereby n'rade tbr receipt into evidence in this proceeding of materials claimed to
be conf-rdential in the following manner:
(l) If the requesting party intends to use Confidential Information or to make
substantive refbrence 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
Conf-rdential Infbrmation or substantive retbrence to Confidential Infbrmation only to the providing
party. and such other parties. if any. who have executed an Exhibit "A" to this Protective Agreernent.
(2) One (l) copy of the used Confidential Information or substantive reference to
Confidential Inforrnation or substantive reference to Confidential Information described in paragraph
5(aX I ) 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 Corrmission. 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 Agreement, if applicable.
fomlEe Cornmisiion oi aCourt of
PROTECTIVE AGREEMENT - 4
(c) /ll Canera Hearinq and Transcripts
Any Confidential Infbrmation that must be orally disclosed at a hearing in the proceedings
shall be of fered at an in camera hearing, attended only by persons authorized to have access to the
intbrmation under this Protective Agreement. Similarly. any transcription of any examination or
other ref'erence to Confidential Infbrmation (or that portion of the record containing Confidential
Intbrmation) shall be marked and treated as provided herein fbr Confrdential Information.
(d) Access to Record
ffiie f6efimiI&ITotheCorrrmissionand
persons who have signed an Exhibit "A" as provided in this Protective Agreement, unless such
infbrmation is released from the restrictions of this Agreement either through agreement of the
parties or after notice to the parties 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 fiom the proceeding be taken, sealed portions of the record may be
fbrwarded to any court of competent jurisdiction fbr purposes of an appeal, but under seal as
designated herein fbr the infbrmation 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 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 Pleadines
Where ref'erences to Confidential Inforrnation 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
lnformation 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
Agreernent, and rnay, in turn. be disclosed by them only to individuals who likewise signed Exhibit
..Arr.
PROTECTIVE ACREEMENT . 5
1
If
surllmary
parties.
Summarv of Record
deemed necessary by the Commission. the providing parties shall prepare a rvritten
of the Confidential Infbrmation ret'erred to in Orders to be issued to the public and the
8. Return or Destruction of Confidential Information
,r^t"" "*t*ra- ,.*4in*ar--*r**l documents and copies of the
Confidential Infbrmation shall be: (l) retumed to the providing party; or (2) or at the option of the
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including administrative or judicial review thereof, Atter return or destruction of documents
pursuant to this paragraph, and upon request, a written receipt veriffing return or destruction shall be
provided by counsel.
(b) On a case-by-case basis and upon notification to the utility. the Cornrnission Staff
may retain one copy of the Confidential Infbrmation 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 StafTmember. Staff s
use and disclosure of the Confidential Infbrmation in a later Cornrnission 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 Infbrmation 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 9ft day of May 2014.
IDAHO POWER COMPANY
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Dono-van E. Walker
Idaho Power Company
l22l West Idaho Street
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Attorney Representing
Idaho Power Company
IDAHO PUBLIC UTILITIES COMMISSION STAFF
Deputy Attorney General
Idaho Public Utilities Commission
47 2 W est Washington Street
Boise, tdaho 83702
Attorney Representing the
Idaho Public Utilities Commission Staff
PROTECTIVE AGREEMENT . 7
EXHIBIT *A'
I have reviewed the foregoing Protective Agreement dated May 9,2014 in Case No. IPC-E-14-08 and
agree to be bound by the terms and conditions of such Agreement.
ll, II, Deputy Attorney General
Employer or Firm
472 W. Washington Street. Boise. ID 83702
Business Address
Commission Staff
l4e, tZ, Lo I !ffi
DATED this
-
day of May 2014.
J. R. SIMPLOT COMPANY
(NAMEANDTITLE)
Attorney Representing J. R. Simplot Company
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PROTECTIVE AGREEMENT . 8
EXHIBIT "A'
I have reviewed the foregoing Protective Agreement dated May 9,2014 in Case No. IPC-E-14-08 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
5/rV f zo, q
Date
EXHIBIT *A'
I have reviewed the foregoing Protective Agreement dated May 9,2014 in Case No. IPC-E- 14-08 and
agree to be bound by the terms and conditions of such Agreement.
Terri Carlock
Idaho Puhlic I Itilities Commission
Employer or Firm
472 W. Washineton Street. Boise. ID 83702
Business Address
Commission StafT
Party
.), . ,-. l,-t rl-', I r- c){
:jJt;rJit'rrlffi
EXHIBIT *A'
I have reviewed the foregoing Protective Agreement dated May 9,2014 in Case No. IPC-E-14-08 and
agree to be bound by the terms and conditions of such Agreement.
Employer or Firm
472 W. Washineton Street. Boise. ID 83702
Business Address
Commission Staff
Party
7("
Date
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated May 9,2014 in Case No. IPC-E-14-08 and
Idaho Public I ltilities Commission
Employer or Firm
472 W. Washineton Street. Boise. ID 83702
Business Address
Commission StafT
Party
Keith Hessing
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated May 9,2014 in Case No. IPC-E-14-08 and
agree to be bound by the terms and conditions of such Agreement.
ldaho 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 May 9,2014 in Case No. IPC-E-14-08 and
agree to be bound by the terms and conditions of such Agreement.
Idaho Public Utilities Commission
Employer or Firm
472W. Washinston Street- Boise- ID 83702
Business Address
Commission Staff
Party
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