Loading...
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. t/ t/ /t il il lt u il 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. U&Ll+erl Name fliclrorAsn hl4,hts rur- Employer or Firrt 5t5 N rX1++1 ,t+,n* Boke- lD Bluz Business Address l,rthl{/nlLl Or,r+r',w oP lld- fuvue,- 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. ?u-L Ernployer or Firm 5ts N z?+\S+,s* fro iue- I D 83ro. 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. Anr-rffou f IUKE L- Namc : +.-*.1" 41)4 '/d'r'4;/ %^,4-/"/n44io g* ;Employeror Firm-/:]Zoo /.A dk L!*,2( 2so { /J**4 c/t 44toz Business Address ';FrtParty Date /?Or E)CIIBIT "A''