20150611Protective Agreement.pdf

PROTECTIVE AGREEMENT
BETWEEN
IDAHO POWER COMPATTY AIID
IDAHO PUBLIC UTILITIES COMMISSION STAFF
(ANDoTHERPARTIEsAsAPPLICABLE):!ill.i]''.,.,..
CASE NO.IPC.E.15.17
This Protective Agreernent is entered into this 5ft day of June 2015 by Idaho Power Company
("Idaho Power") and the Idatro Public Utilities Commission (Staff), and other parties as applicable.
Recitals:
1. WIIEREAS, Idaho Power and the ldaho 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 Agreernent will expeditetheproductionofdocuments; will affordthenecessaryprotection
to Idaho Power's and the undersigned parties' ernployees and/or represurtatives in Case No.
IPC-E-I5-17 whomightreview the information and subseque,ntlyberequested to reveal its conte'nts
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 AI\D AGREED AS FOLLOWS:
1. (a) Conlidential 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 rade 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 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
@) Protection of Confidential Information
Access to and review of Confidential lnformation shall be stictly confrolled by the terms of
this Agreernent. Unless otherrrise 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 this Agreernent, and shall not be
disclosed to individuals who have not executed the nondisclosure agreement set forttr in Exhibit "A."
(c) Use of Confidential Information
All persons who may be entitled to review, or who are afforded access to any Confidential
Information by reason of this Agreement shall neither use nor disclose the Confidential Information
for purposes ofbusiness or competition, or any purpose other than the ptrpose ofpreparation for and
conduct of the proceedings, and then solely as conternplated herein, and shall keep the Confidential
Information secure as hade se6et, confidential or proprietary information and in accordance with the
purposes and intent of this Agreernent.
(d) Persons Entitled to Review
Access to Confidential Information shall be limited to counsel of the undersigned parties,
employees, exp€rts, agents or representatives of the tmdersigned parties who have executed an
Exhibit "A" to this Agreernent. Such information will be clearly marked and protected from
unauthorized public disclosure.
(e) Non-disclosureAereement
Confidential Information shall not be disclosed to any pennn who has not signed a non-
disclosure agreernent 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 certiff in writing that he or she has
reviewed the same and has consented to be bound by its terms. The Agreerne'nt 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 tanscriptions 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
'oA" to this Protective Agreernent.
PROTECTIVE AGREEMENT - 2
3. Non-waiver of Obiection to Admissibilitv
The furnishing of any document, information, data, study or other materials pursuant to this
Protective Agreernent 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. Challenee to Confidentialitv
(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 frade secret, proprietary
or confidential information. A party seeking to challenge the confidentiality of any information shall
first contact counsel for the providing party and attempt to resolve any difference by stipulation.
Resolution may include removing the confidential classifications, creating a non-confidential
sunmary, 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 serned upon the Commission and all parties to the case who have
signed an Exhibit "A" as provided in this Protective Agreernent. 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 bythe challenging party.
(c) Challenee Hearine
The challenging party shall request that the Commission conduct ar,in 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 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 Agreement.
PROTECTryE AGREEMENT - 3
(d) Determination
The parties 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
Idatro Public Records Act(Idaho Code $$ 9-335, 9-337,9-340A). If information is found to be not
exernpt 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 rurless the providing
party consents to such conduct. This procedure enables the restrictions of this Agreernent from
material claimed to be confidential. Such relief may be 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 of materials claimed to
be confidential in the following mann€r:
(1) If the requesting party intends to use Confidential Information 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 parly and shall provide copies of the used
Confidential Information or substantive reference to Confide'ntial lnformation only to the providing
party, and such other parties, if any, who have executed an Exhibit "A" to this Protective Agreeme,nt.
(2) One (l) copy of the used Confidential lnformation or substantive refere,nce to
Confidential Information or zubstantive reference to Confidential Information described in paragraph
5(a)(1) 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
Whilein the custodyofthe Commission, materials containingConfidential Information shall
be marked "CONFIDENTIAL - SUBIECT TO ATTORNEY'S CERTIFICATE OF
CONFIDENTIALITY" and shall not be examined by any p€rson except under the conditions set
forth in this Agreonent, if applicable.
PROTECTIVE AGREEMENT - 4
(c) .In Canera Hearins and Transcriots
Any Confidential Information that must be orally disclosed at ahearing 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 Agree,ment. Similarly, any transcription of any examination or
other reference to Confidential Information (or that portion of the record containing Confidential
lnformation) shall be marked and treated as provided herein for Confidential lnformation.
(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 Agreernort, unless such
information is released from the restictions of this Agreement either through agreernent 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 juisdiction.
(e) Appeal
Should an appeal from the proceeding be takan, sealed portions of the record may be
forwarded to any court of competent jrnisdiction 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 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 ofrecord
who have signed the nondisclosure agreemeirts set forth in Exhibit "A" attached to this Protective
Agreernent, and may, in turn, be disclosed by them only to individuals who likewise signed Exhibit
o.Arr.
PROTECTIVE AGREEMENT. 5
7. Summarv of Record
If deemed necessary by the Commission, the providing parties shall prepare a writte,n
summary of the Confidential Information referred to in Orders to be issued to ttre public and the
parties.
8. Return or Destruction of Conlidential Information
(a) Upon request of the providing party, all original documents and copies of the
Confidential lnformation 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 ofthe proceedings,
including adminisfrative or judicial review thereof. After return or destnrction of documents
pursuant to this paragraph, and upon request, a written receipt verifuing return 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 Information under seal. Notwithstanding any other
provision in this Agreernort, any member of Staffmay review and use that copy of the Confidential
Information outside this proceeding while performing his or her duties as a Staffmember. Staffs
use and disclosure ofthe Confidential lnformation in a later Commission proceeding shall be subject
to any protective agreerne,nt 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 Agreanent shall, upon request ofthe
providing party, be either returned to the providing party or, at the option of the recipient, destoyed.
9. Effective Date
This Protective Agreement shall become effective on the date hereof.
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PROTECTTVE AGREEMENT - 6
EXEIBIT ..A"
I have reviewed the foregoing Protective Agreement dated June 5, 2015, in Case No.
IPC-E-15-17 and agee to be bound by the terms and conditions of such Agreemrent.
Name
Employer or Firm
Business Address
Party
Date
EXHIBIT".{'
DATED this 5e day of June 2015.
IDAIIO POWER COMPA}TY
Idaho Power Company
l22l West Idaho Sheet
Boise,Idaho 83702
Attorney Representing Idatro Power Company
IDAHO PUBLIC UTILITIES COMMISSION STAFF
Deputy Attomey Ge,neral
Idaho Public Utilities Commission
472 West Washington Sfreet
Boise,Idatro 83702
Attorney Representing the
Idaho Public Utilities Commission Staff
PROTECTTVE AGREEMENT . 7
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this 5tr day of June 2015 in
Case No. IPC-E-15-17 ard 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
/ /zots
Date
RANDY LOB
EXHIBIT "A'
I have reviewed the foregoing Protective Agreement dated this 5s day of June 2015 in
Case No. IPC-E- 15- 17 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
b/4, -
Date
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this 5m day of June 2015 in
Case No. IPC-E-15-17 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
.Iune 9. 2O'15
FADNESS