HomeMy WebLinkAbout20170324Protective Agreement.pdfPROTECTM AGREEMENT .'..; ili: il/L:D
BETWEEN
IDAHOPoWERCoMPAITYAI\ID il,ilir"rl itl Li'I $t ?t
IDAEO PUBLTC UTILITIES COMMISSTON STArr' : i,1(ANDOTHERPARTIESASAPPLICABTE) , ,,,i,riiljiitil;.,1
cAsE NO.IPC-E-16-32
This Protective Agreement is entered into this I't day of March, 2017, by Idaho Power
Company ('Idatro Powed') and the Idaho Public Utilities Commission (Staff), and otherparties as
applicable.
Recitals:
1. WIIEREAS, Idatro Power and the Idatro Public Utilities Commission Staff(hereinafter
*Staff') anticipate that parties to this proceeding may make requests to providq or make available
for review, certain information, considered by its oustodian to be of a hade secret, privileged or
confidential nature (as defined in Idaho Code $$ 74-lO7 through 74-109 and 48-801).
2. WIIEREAS, Idaho Power and the undersigned parties agree that entering into a
Protective Agreement will expedite the production of docume,nts; will afford the necessary protection
to Idatro Power's and the undersigned parties' employees and/or representatives in Case No.
IPC-E- 1 6-3 2 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 Infomration which might be provided duing the cotrse of the proceedings, now
therefore,
IT IS IIEREBY STIPULATED AIID AGREED AS FOLLOWS:
1. (a) Confidential Informatlon
All documents, data, information, studies and other materials fumished pursuant to any
requests forinformation, subpoenas orothermodes ofdiscovery(formal orinformal), andincluding
depositions, that are claimed to be of trade secret, proprietary or confidential nattre (herein referred
to as "Confidential lnformation") shall be so marked bythe party or entityprovidingthe information
by stamping the same with a designation indicating its trade secret, proprietary or confide,ntial 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 discloswe
and cite the specific legal authority to support the claim. IDAPA 31.01.01.233.
PROTECTME 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 othenvise 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 agreeme,lrt set forttr in Exhibit "A."
(c) Use of Conlidential Informadon
All persons who may be entitled to review, or who are afforded access to any Confidential
Informationbyreason of this Agreement shall neitheruse nor disclose the Confidential Information
for purposes of business 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
Information secure as trade secret, 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, 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 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'o 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 certifr in writing that he or she has
reviewed the same and has consented to be bound by its terrns. The Agreernent shall contain the
signatory's full name, permanent address and employer. Such agreernent shall be delivered to
counsel for the providing party, before disclosue is made.
2. Copies
No copies or hanscriptions of the Confidential Information shall be made by the recipiant
exce,pt 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 Admissibllitv
The furnishingof anydocument, informatioq data, studyorothermaterialspursuanttothis
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 Confidentislitv
(a) Inldrl Challenee
This Protective Agreement establishes a procedure for the expeditious handling of
information that a party claims is confidential. Anypartymay challenge the characterization of any
informatiorq 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.
@) Subsequent Challenee
In the event that the parties cannot agree as to the character of the information challenged,
any party challerrging 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 an 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) Chollenee llearine
The challenging party shall request that the Commission conduct an in camera proceeding
where only those percons duly authorized to have access to zuch 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 "COIIf,'IDENTIAL - Subject to Protective Agreement."
To the extent necessary, the hanscript of such hearing shall be separatelybound, segregated, sealed,
and withtreld from public inspection by anyperson not bound by the terms of this Agreanent.
PROTECTTVE AGREEMENT . 3
(d) Determinatlon
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 $$ 74-l0l through 7+126). If information is found to benot
exernpt from disolosure, no party shall disclose such challorged material or use it in the public
record, or othenn ise outside the proceedings for at least five (5) business days unless the providing
party consents to such conduct. This procedure enables the restictions of this Agreement from
material claimed to be confidential. Such reliefmay be sought from the Commission or a court of
competent jurisdiction.
5. (a) Recelot Into Evidenee
Provision is hereby made for receipt into evidence in this proceeding of materials claimed to
be confide'ntial in the followingmanner:
(1) If the requesting party inte,nds to use Confidential Information or to make
substantive reference to Confide,ntial Information supplied to it und€r this Agreern€nt, it shall give
reasonable prior notice of zuch intention to the providing party and shall provide copies ofthe used
Confiderrtial Information or substantive reference to Confidential Information only to the providing
party, and such otherparties, if any, who have executed an Exhibit "A" to this ProtectiveAgreqnqrt.
@ One (l) copy of the used Confidential Inforrration or substantive reference to
Confidential Information or substantive reference to Confidential Infomration described in paragfaph
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.
@) Seal
While in ttre custodyofthe 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.
PROTECTIIE AGREEMENT . 4
(c) In Canara lfearine and Transcripts
Any Confidential lnformation that must be orally disclosed at a hearing in the proceedings
shall be offered at an in camera hearing, attended only by p€rsons authorized to have access to the
information under this Protective Agree,nrent. Similady, my transcription of any examination or
other reference to Confidential Information (or that portion of the record containing Confidential
Information) shall be marked and treated as provided herein for Confidential Information.
(d) Accers to Record
Access to sealed testimonn records, and information shall be limited to the Commission and
pe$ons who have signed an Exhibit "A" as provided in this Protective Agreement, unless such
information is released from the restictions of this Agreerrort either through agreement of the
parties or after notice to the parties and hearing, prusuant to the order ofthe Commission and/orthe
final order of a court having final jurisdiction.
(e) Apoeal
Should an appeal from the proceeding be taken, sealed portions of the record may be
fonuarded 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 whichportion of
the sealed record has been designated by the appealing party as necessary to the record on appeal.
6. Use in Pleadlnqs
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
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 cotmsel ofrecord
who have signed the nondisclosure agreements set forttr in Exhibit "A" attached to this Protective
Agreerue,nt, and may, in turn, be disclosed by them only to individuals who likewise signed Exhibit
*Arr.
PROTECTTVE AGREEMENT - 5
7. SummarryofRecord
If deemed necessary by the Commissiorq the providing parties shall pre,pare a written
sunmary of the Confidential Information refe,rred to in Orders to be issued to the public and the
parties.
8. Return or Destruction of Confldential Informatlon
(a) Upon request of the providing party, all original docunents and copies of the
Confidential krformatiou shall be: (l) returned to the providing party; or (2) or at the option of the
recipie,nt desfroyed within thirty (30) days after the final settlement or conclusion ofthe proceedings,
including administrative or judicial review thereof. After return or destnrction of dosuments
pursuant to this paragraph, and upon request, a written receipt verifringretum or destnrction shall be
provided by corursel.
(b) On a case-by-case basis and upon notification to the utility, the Commission Staff
may retain one copy of the Confidential hformation under seal. Notwithstanding any other
provision in this Agpee,rnent any member of Staffmay review and use that copy of the Confidential
Information outside this proceeding while performing his or her duties as a Staffmenrber. Staffs
use and disclosure ofthe Confidential Information in alaterCommissionproceedingshall bezubject
to anyprotective 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 rurder this Agreernent shall, upon request ofthe
providing party, be either returned to the providing party or, at the option of the recipieng desfroyed.
9. Effective Date
This Protective Agreement shall become effective on the date hereof.
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PROTECTIVE AGREEMENT . 6
DATED this 1$ day of March, 2017.
IDAEO POWER COMPAITY
By:aX;C %,,,to/v*rtP
fisa n. Nordstom L
Idaho Power Company
l22l West Idaho Sfreet
Boise,Idaho 83702
Attorney Representing Idaho Power Company
IDAHO PUBLIC UTILITIES COMMISSION STAIT'
By:lr;11^ I hr---
dfmitte Christen-
DeputyAttomey General
Idaho Public Utilities Commission
47 2 W est Washington Street
Boise,Idaho 83702
Attomey Representing the
Idatro Public Utilities Commission Staff
By:
Idatro Public Utilities Commission
47 2 W est Washington Sheet
Boise,Idatro 83702
Attorney Representing the
Idaho Public Utilities Commission Staff
PROTECTIVE AGREEMENT - 7
6DATED this dayofMarch 2017.
r
INDUSTRIAL CUSTOMERSI OF IDAHO FOWER
By:fif,m
Pet€rRichardson
Attomey Represeirting the Industrial Customers of Idaho
Power
PROTECTT\IE AGREEMENT. 8
DATED this
-
day of March 2017.
IDAEO IRRTGATTON PTIMPERS ASSOCIATION, rNC.
By:
Eric L. Olseo
Attorney Represe,nting the Idaho Irrigation Pumpers
Assosiation, Inc.
PROTECTIVE AGREEMENT. 9
DATED this
-
day of March 2017,
IDAHO CONSERVATION LEAGUE
BenjaminJ. Otto
Attorney Re,presenting the Idaho Conservation League
By:
PROTECTTVE AGREEMENT - 10
EXHIBIT "A'
I have reviewed the foregoing Protective Agreement dated March 1,2017 in Case Nos. IPC-E-16-
32 and agree to be bound by the terms and conditions of such Agreement.
Matt Elam
Idaho Public Utilities Commission
Employer or Firm
472W. Washineton Street. Boise.lD 83702
Business Address
Commission Staff
Party
2/*,4 /, 2,,',
Date
EXHIBIT'6A"
I have reviewed the foregoing Protective Agreement dated March 1,2017 in Case Nos. IPC-E-I6-
32 and agree to be bound by the terms and conditions of such Agreement.
6h cn
Stacey
Idaho Public Utilities
Employer or Firm
472Jil/ Washinoton .Streef . ID 83702
Business Address
Commission .Staff
Party
Date
>oL
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated March 1,2017 in Case Nos. IPC-E-16-
32 and agree to be bound by the terms and conditions of such Agreement.
\"j-C-nnl"c)a
Terri Carlock
Idaho Public Utilities Commission
Employer or Firm
472W. Washinston Street. Boise.lD 83702
Business Address
Commission Staff
Party
3Jr )1r;z
Date-( ' I
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement
32 and agree to be bound by the terms and
Idatro Public Utilities Commission
Employer or Firm
472 W. Washinston Street-tD 83702
Business Address
Commission Staff
Party
1,2017 in Case Nos. IPC-E-16-
3-/- /2
Date
EXHIBIT "A''
I have reviewed the foregoing Protective Agreement dated March 1,2017 in Case Nos. IPC-E-16-
32 and agree to be bound by the terms and conditions of such Agreement.
Juj.,.*- J^"t
Haleena Ard
Idaho Public Utilities Commission
Employer or Firm
472W. Washinston Street. Boise. lD 83702
Business Address
Commission Staff
Party
b f , lao,t
Date
EXHIBIT "A''
I have reviewed the foregoing Protective Agreement dated March 1,2017 in Case Nos. IPC-E-16-
32 and agree to be bound by the terms and conditions of such Agreement.
KM
Kathy\.. Stgf,kton
Idaho Public Utilities Commission
Employer or Firm
472W. Washinston Street. Boise" lD 83702
Business Address
Commission Staff
Party
2,r'at
Date
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated March 1,2017 in Case Nos. IPC-E-16-
32 and agree to be bound by the terms and conditions of such Agreement.
G"m^-, ,,'' ti* "/\.
Patricia Harms
Idaho Public Utilities Commission
Employer or Firm
472 W . Washineton Street.se- ID 83702
Business Address
Commission Staff
Party
z l+ lt+
Date
EXHIBIT '(A"
I have reviewed the foregoing Protective Agree,ment dated March lst, 2017, in Case No. IPC-
E-16-32 and agree to be bound by the terms and conditions of such Agreerrent.
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Name
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Employer or Firrt
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Business Address
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Party
3-L -zotq
Date
EXF|TRIT "A"
EXEIBIT "A''
I have rqriewed the foregoing Protective Agrment datd lvlarch I st, 2017, in Case No. IPG
E-16-32 and agree to be bound by the terms and conditions of such Agreeincnt.
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Ernployer or Firm
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Business Address
lnrl.tts+,nbl 0tsttrya,q of t d'^l^ ?ovne,r'
Party
Na.eh fl }-ctz
Date
E)GIIBIT "A''
E)OIIBIT'TA'
I have rwiewed the foregoing Protective Agreement dated March lst, 2017, in Case No. IPG
E-16-32 and agree to be bound by the terms and conditions of such Agreerrent.
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E)CIIBIT "A''