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HomeMy WebLinkAbout20150629Protective Agreement.pdfPROTECTIVE AGREEMENT IDAHO POWER COMPANIY AIID IDAHO PUBLIC UTILITIES COMMISSION STAFF (AND OTHER PARTIES AS APPLICABLE) cAsE NO. rPC-E-15-06 :l ''aa r" !l. an.:r," .. ,r ll'i;;= i". This Protective Agreement is entered into this 25ft day of June, 2015 by tdaho Power Company ("Idaho Power") and the tdaho Public Utilities Commission (Staff), and other parties as applicable. Recitals: 1. WHEREAS, Idaho Power and the Idatro Public Utilities Commission Staff(hereinafter "Staff') anticipate that parties to this proceeding may make requests to provide, or make available for review, certain information, considered by its custodian to be of a trade secret, privileged or confidential nature (as defined in ldaho Code $$ 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 ldaho Power's and the undersigned parties' ernployees and/or representatives in Case No. IPC-E- 15-06 who might review the information and subsequently be requested to reveal its contents by setting forth clear cut parameters for use of Confidential lnformation, 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) Conlidential Information All documents, data, information, studies and other matsrials 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 lnformation") 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 attomey's certificate that the material is protected by law from public disclosure and cite the specific legal authority to support the claim. TDAPA 31.01.01.233. PROTECTIVE AGREEMENT - I (b) Protection of Confidentlal 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 confidentiality is made, shall rernain under seal, shall continue to be subject to the protective requirernents of this Agreernent, and shall not be disclosed to individuals who have not executed the nondisclosure agreement set forth in Exhibit "A." (c) Use of Conlidential Informatlon All persons who may be entitled to review, or who are afforded access to any Confidential Information by reason ofthis Agreement shall neither use nor disclose the Confidential lnformation for purposes ofbusiness or competition, or any purpose other than the purpose ofpreparation for and conduct of the proceedings, and then solely as contemplated herein, and shall keep the Confidential lnformation 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 Information shall be limited to counsel of the undersigned parties, anployees, experts, agents or representatives of the undersigned parties who have executed an Exhibit "A" to this Agreernent. Such information will be clearly marked and protected from unauthorized public disclosure. (e) Non-disclosure Aqreernent 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 certi$ 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 ernployer. 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 Agreement. PROTECTIVE AGREEMENT - 2 3. Non-waiver of Obiection to Admissibilitv The fumishing of any documort, information, 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 before this Commission. 4, Challense to Conlidentiality (a) Initial Challenee This Protective Agreement establishes a procedure for the expeditious handling of information that a party claims is confidential. Any party may challenge the characterization of any information, document, data or study claimed by the providing party to be a trade secret, proprietary or confidential information. A party seeking to challenge the confidentiality of any information shall first contact counsel for the providing party and atternpt to resolve any difference by stipulation. Resolution may include removing the confidential classifications, creating a non-confidential summary, reformatting 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 confidentiality may petition the Commission to rule upon the disputed information. The Petition shall be served upon the Commission 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 material are deerned to be non-confidential by the challenging party. (c) Challense Hearins The challensng party shall request that the Commission conduct anin camera proceeding where only those persons duly authorized to have access to such challenged materials under this Protective Agreernent 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 Agreonent. PROTECTIVE AGREEMENT - 3 (d) Determination The parties will ask the Commission to issue an Order determining whether any challenged information or material is not properly deerned to be exernpt from public disclosure pursuant to the Idatro Public Records Act(Idaho Code $$ 9-335, 9-337,9-340A). If information is found 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 five (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 maybe sought from the Commission or a court of competent jurisdiction. 5. (a) Receipt Into Evidence Provision is hereby made for receipt into evidence in this proceeding ofmaterials claimed to be confidential in the following manner: (l) If the requesting party intords to use Confidential lnformation or to make substantive reference to Confidential Information supplied to it under this Agreernent, 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 lnformation 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 Information or substantive reference to Confidential Information described in paragraph 5(a)(l) 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 Agreement, if applicable. PROTECTIVE AGREEMENT - 4 (c) Iz Ccnrera 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 tnformation (or that portion of the record containing Confidential Information) shall be marked and treated as provided herein for Confidential Information. (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 Agreonent, unless such information 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) Aopeal 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 of the 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 Pleadines 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 lnformation 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 onlyon 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 thon only to individuals who likewise signed Exhibit ..Arr, PROTECTIVE AGREEMENT - 5 7, Summarv of Record If deemed necessary by the Commission, the providing parties shall prepare a written sunmary of the Confidential Information referred 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 lnformation shall be: (1) returned to the providing party; or (2) or at the option of the recipient destroyed within thirfy (30) days after the final settlement orconclusion oftheproceedings, including administrative or judicial review thereof. After return or destruction of documents pursuant to this paragraph, and upon request, a written receipt verifyingretum or destruction 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 lnformation under seal. Notwithstanding any other provision in this Agreement, any manber of Staff may review and use that copy of the Confidential Information outside this proceeding while performing his or her duties as a Staff member. Staff s use and disclosure of the Confidential Information in a laterCommissionproceeding shall be subject to any protective agreement signed in the proceeding. (c) Any notes maintained by a recipient of Confidential Information which ernbody or reflect any of the Confidential lnformation 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 effective on the date hereof. PROTECTIVE AGREEMENT - 6 DATED this 25ft day of June, 2015. IDAHO POWER COMPA}IY Idaho Power Company 1221 West Idatro Sheet Boise,Idaho 83702 Attorney Represorting Idaho Power Company IDAHO PUBLIC UTILITIES COMMISSION STAFF Deputy Attorney General Idaho Public Utilities Commission 472 West Washington Street Boise,Idaho 83702 Attorney Representing the Idaho Public Utilities Commission Staff EXHIBIT "A'' EXHIBIT "A" I have reviewed the foregoing Protective Agreement dated this 25m day of June 2015 in Case No. IPC-E-15-06 and agree to be bound by the terms and conditions of such Agreement. IDAHO PUBLIC UTILITIES COMMISSION Employer or Firm 472 W Washineton Street. Boise. ID 83702 Business Address Commission Staff Party lrl*s l,,t.crsDate t TERRI CARLOCK EXHIBIT "A' I have reviewed the foregoing Protective Agreement dated this 25th day of June 2015 in Case No. IPC-E-15-06 and agree to be bound by the terms and conditions of such Agreement. IDAHO PUBLIC UTILITIES COMMISSION Employer or Firm 472 W Washineton Street. Boise. ID 83702 Business Address Commission Staff Party o.*; "l^'l'' EXHIBIT "A" I have reviewed the foregoing Protective Agreement dated this 25th day of June 2015 in Case No. IPC-E-15-06 and agree to be bound by the terms and conditions of such Agreement. ( -rt*--t-' CURTIS THADEN IDAHO PUBLIC UTILITIES COMMISSION Employer or Firm 472 W Washineton Street. Boise.ID 83702 Business Address Commission Staff G-Ab-t< Date EXHIBIT *A" I have reviewed the foregoing Protective Agreement dated this 25th day of June 2015 in Case No. IPC-E-I5-06 and agree to be bound by the terms and conditions of such Agreement. IDAHO PUBLIC UTILITIES COMMISSION Employer or Firm 472 W Washineton Street. Boise. ID 83702 Business Address Commission Staff Party EXHIBIT ..A" I have reviewed the foregoing Protective Agreement dated this 25th day of June 2015 in Case No. IPC-E-15-06 and agree to be bound by the terms and conditions of such Agreement. IDAHO PUBLIC UTILITIES COMMISSION Employer or Firm 472 W Washineton Street. Boise. ID 83702 Business Address Commission Staff Party ul21 I eog EXHIBIT "A" I have reviewed the foregoing Protective Agreement dated this 25th day of June 2015 in IDAHO PUBLIC UTILITIES COMMISSION Employer or Firm 472 W Washington Street. Boise. ID 83702 Business Address Commission Staff Party Case No. IPC-E-15-06 and agree to be bound by the terms and conditions of such Agreement.