20170221Protective Agreement.pdf

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PROTECTTVE AGREEMENT
BETWEEN
IDAHO POWER COMPAI\IY AIID
IDAIIO PUBLIC UTILITIES COMMISSION STAFF
(AND OTIIER PARTIES AS APPLICABLE)
CASE NO.IPC.E.1G33
This Protective Agreement is entered into this 22nd dayofDecernber,20l6,byldaho Power
Company ("Idatro Powet'') and the Idaho Public Utilities Commission (Staff), and other parties as
applicable.
Recitals:
1. WIIEREAST Idaho Power and the Idaho 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 $$ 74-107 through 74-109 and 48-801).
2. WHEREAS, Idaho Power and the undersigned parties agree that entering into a
Protective Agreernent will expedite the production ofdocuments; will afford the necessaryprotection
to ldatro Power's and the undersigned parties' ernployees and/or representatives in Case No.
IPC-E- I 6-3 3 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 Information which might 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 fumished pursuant to any
requests forinformation, subpoenas orothermodes ofdiscovery(formal orinformal), andincluding
depositions, that are claimed to be of trade secret, proprietary or confidential nature (herein referred
to as "Confidential Information") shall be so markedbythepartyorentityprovidingtheinformation
by stamping the same with a designation indicating its trade secret proprietary or confidential nature
and printed on 'oyellow" 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. TDAPA 31.01.01.233.
PROTECTIVE AGREEMENT - I
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(b) Protection of Confidential Information
Access to and review of Confidential Information shall be strictly controlled by the terms of
this Agreernent. Unless otherwise ordered, Confidential Information, including transcripts of
depositions containing information to which a claim of confidentialityis 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 agreernent set forth in Exhibit *A."
(c) Use of Confidential Information
All persons who may be entitled to review, or who are afforded access to any Confidential
lnformation by reason of this Agreernent shall neither use nor disclose the Confidential Information
for purposes of business or competition, or any purpose other than the purpose of preparation 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 [nformation shall be limited to counsel of the undersigned parties,
ernployees, 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 Agreement
Confidential lnformation 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 agreanent 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 Agreanent 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 made.
2. Copies
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 Agreernent.
PROTECTIVE ACREEMENT - 2
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3. Non-waiver of Obiection to Admissibilitv
The furnishing of any document, information, datq 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 Conlidentialitv
(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 sfudy claimed by the providing party to be a trade secret, proprietary
or confidential information. A party seeking to challenge the confidentiality ofany information shall
first contact counsel for the providing party and atternpt to resolve any difference by stipulation.
Resolution may include rernoving the confidential classifications, creating a non-confidential
surlmary, reformatting the information, etc.
(b) Subsequent Challense
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 senred 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 by the challenging pafiy.
(c) Challense llearine
The challenging parfy shall request that the Commission conductanin catnera proceeding
where only those penions 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 ofsuch hearing shall be separately bound, segregated, sealed,
and withheld from public inspection by any person not bound by the terms of this Agreement.
PROTECTIVE AGREEMENT . 3
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(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
IdatroPublicRecords Act(Idaho Code $$ 74-l0l throughT4-126).Ifinformationisfoundtobenot
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 Agreernent from
material claimed to be confidential. Such relief may be sought from the Commission or a court of
competent jurisdiction.
s. (a)Receipt Into Evidence
Provision is hereby made for receipt into evidence in this proceeding of materials claimed to
be confidential in the following manner:
(f) If the requesting party intends to use Confidential Information or to make
substantive refsrence to Confidential lnformation 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 Information only to the providing
party, and such other parties, if any, who have executed an Exhibit "A" to this Protective Agreement.
(2) One (l) copy of the used Confidential Information or substantive reference to
Confidential Information or substantive reference to Confidential [nformation described in paragaph
s(aXl) 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 Agreanent, if applicable.
PROTECTIVE AGREEMENT . 4
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(c) In Ccnera Hearine 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 penrcns authorized to have access to the
information under this Protective Agreernent. Similarly, any 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.
(il 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 Agreernent unless such
information is released from the restrictions of this Agreernent 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 jurisdiction.
(e) Appeal
Should an appeal from the proceeding be taken, sealed portions of the record may be
forwarded to any cotrt of competent jurisdiction for purposes of an appeal, but under seal as
designated herein for the information and use of the cotrt. If a portion ofthe record is forwarded to a
court under seal for the pt{poses 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 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 of record
who have signed the nondisclosure agreernents set forth in Exhibit "A" attached to this Protective
Agreanort, and may, in turn, be disclosed by them only to individuals who likewise signed Exhibit
,.Arr.
PROTECTIVE AGREEMENT. 5
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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 Information shall be: (1) retumed to the providing party; or (2) or at the option of the
recipient destroyed within thirty (30) days after the final settlement or conclusion of the proceedings,
including administrative or judicial review thereof. After return or destruction of documents
pursuant to this paragraph, and upon request, a written receipt veriffing retum or desfruction 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 Agreanent, any mernber of Staffmay review and use that copy of the Confidential
lnformation outside this proceeding while performing his or her duties as a Staff member. Sta{Ps
use and discloqure of the Confidential lnformation in a later Commission proceeding shall be subject
to any protective agreement signed in the proceeding.
(c) Any notes maintained by a recipient of Confidential lnformation which embody or
reflect any of the Confidential Information provided under this Agreernent shall, upon request ofthe
providing party, bg 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.
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PROTECTIVE AGREEMENT - 6
DATED this 22nd day of December, 2016.
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Idaho Public Utilities Commission
47 2 W qt Washington Sfreet
Boise,Idaho 83702
Aft orney Representing the
Idaho Public Utilities Commission Staff
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IDAHO POWER COMPAIIY
By:
Nordstrom
Idatro Power Company
l22l West Idaho Sheet
Boise,Idaho 83702
Attorney Representing ldaho Power Company
IDAIIO PUBLIC UTILITIES COMMISSION STAFF
By:
NAN{E)
PROTECTIVE AGREEMENT. 7
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DArED rnr@!^rof January 2017.-7-
IDAHO CONSERVATION LEAGUE
By 1
Benjamin J. Otto
Attorney Representing the Idaho Conservation League
EXHIBIT "A"
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EXHIBIT,.A"
I have reviewed the foregoing Protective Agreement dated December 22,2016 in Case
Nos. IPC-E-16-33 and agree to be bound by the and conditions of such Agreement.
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Idaho Public Utilities
Employer or Firm
472 W. Washineton Street. Boise. ID 83702
Business Address
Commission Staff
Party
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Date
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EXIilBIT *A'
I have reviewed the tbrcgoing Protective Asreement dated Decernber 22.2016 in Case Nos. ir ..
E-16-33 and agree to be bound by the terms and conditions of such Agreement.
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Stacey
Idaho Public Utilities Commissron
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Employer or Firm
472 W. Washincton Street Boise.lD 83702
Business Address
Commission Staff
Paay
Date
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EXHIBIT *A"
I have reviewed the foregoing Protective Agreement dated December22"d,20l6,in Case No.
IPC-E-16-33 and agree to be bound by the terms and conditions of such Agreement.
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EXHIBIT "A"
DATED ,hi, 4 day of February2017.
CITY OF BOTSE CITY
By:
Anorney
the City of Boise
PROTECTIVE ACREEMENT. IO
E)CIIBIT "A"
I have revierved the foregoing ProtectiveAgreementdated December22d,20l6, inCaseNo.
IPC-E-16-33 and agree to be bound by the terms and conditions of such Agreen:ent.
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E\HIBIT "A'
EXI[IBIT "A''
I have revierved the foregoing Protective Agreemeut dated December}Zd,20l6, in Case No.
IPC-E-16-33 and agree to be bound by the terms and conditions of such Agreement.
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EXHIBIT"A"
E)CIIBIT "A"
I have reviewed the foregoing Protective Agreement dated December 22d, 201 6, in Case No.
IPC-E-16.33 and agree to be bound by the terms and conditions of such Agreement.
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