20170323Protective Agreement.pdf

PROTECTIVE AGREEMENT
BETWEEN
IDAHO POWER COMPAI\IY AI\ID
IDAIIO PUBLIC UTILITIES COMMISSION STAFF'
(AND OTHER PARTIES AS APPLICABLE)
CASE NO.IPC.E-17-03
This Protective Agreernent is e,ntered into this 156 day of March, z}l7,by Idatro Power
Company ("Idaho Power") and the Idatro Public Utilities Commission (Staff), and otherparties 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 nattre (as defined in ldaho Code $$ 74-107 through 74-109 and 48-801).
2. WHEREAS, Idatro Power and the undersigned parties agee that entering into a
Protective Agreernent will expedite the production ofdocuments; will afford the necessaryprotection
to Idaho Power's and the wrdersigned parties' employees and/or representatives in Case No.
IPC-E-17-03 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 AIYD AGREED AS FOLLOTilS:
1. (a) Confidential Information
All documents, dat4 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 trade secret, proprietary or confidential nature (herein referred
to as "Confidential trnformation") shall be so marked by the party or e,ntity providing the information
by stamping the same with a designation indicating its trade secref 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 authorityto support the claim. IDAPA 31.01.01.233.
PROTECTIVE AGREEMENT. I
(b) Protection of Confidential Information
Access to and review of Confidential Information shall be strictly controlled by the terms of
this Agreernent. Unless othenrise ordered, Confidential Information, including transcripts of
depositions containing information to which a claim of confidentiality is madg shall rernain under
seal, shall continue to be subject to the protective requirernents of this Agreement, and shall not be
disclosed to individuals who have not executed the nondisclosure agreement 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
Information 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 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 Agreerne,nt.
(d) Persons Entitled to Review
Access to Confidential Information shall be limited to counsel of the undersigned parties,
ernployees, experts, agents or represortatives 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 Aereement
Confidential Information shall not be disclosed to any penion who has not signed a non-
disclosure agreement on this form, which is attachedhereto 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 Agreeinent and to certiry 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 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 lnformation shall be made by the recipient
except ,N 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 Admissibilitv
The furnishing of any document, 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. 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 trade secret, proprietary
or confidential information. A party seeking to challorge the confidentiality of any information shall
first contact cotmsel for the providing party and atternpt to resolve any difference by stipulation.
Resolution may include rernoving the confidential classifications, creating a non-confidential
srunmary, reformatting the information, etc.
(b) SubsequentChallenee
In the event that the parties cannot agee as to the character of the information challeirged,
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 Agreernant. The Petition shall designate with
specificity the document or material challenged and state the grorurds upon which the subject
material are deerned to be non-confidential by the challenging party.
(c) Challenee Hearins
The challenging party shall request that the Commission conduct an in catnera 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 separatelybound, segregated, sealed,
and withheld from public inspection by any person not borurd by the terms of this Agreeme,nt.
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 $ $ 7 4-l0l through 7 4-126). If information is found to be not
exernpt from disclosure, no party shall disclose such challenged material or ure it in the public
record, or othenrise 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 Agreement from
material claimed to be confidential. Such relief may be sought from the Commission or a cotrt of
compete,nt jurisdiction.
5. (a) Receipt Into Evidence
Provisionis herebymade forreceipt into evidence inthis proceedingofmaterials claimedto
be confidential in the following manner:
(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 party and shall provide copies of the used
Confidential lnformation or substantive reference to Confidential Information onlyto the providing
party, and such other parties, if any, who have executed an Exhibit "A" to this Protective Agreement.
@ One (l) copy of the used Confidential Information or substantive reference to
Confidential Information or substantive reference to Confidential krformation described in paragraph
5(aX1) shall be placed in the sealed record.
(3) The copy of the docume,nts 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
terrns of this Protective Agreernent.
@) Seat
While in the custodyofthe Commission, materials containingConfidential Information shall
be marked "CONFIDENTIAL - SUBIECT TO ATTORNEY'S CERTIFICATE OF
CONFIDENTIALITY' and shall not be examined by anyperson except under the conditions set
forth in this Agreement, if applicable.
PROTECTTVE AGREEMENT - 4
(c) In Ccrzera Ilearine and Transcripts
Any Confidential Information that must be orally disclosed at a hearing in the proceedings
shall be offered atanin camera hearing attended onlybypenions authorized to have access to the
information under this Protective Agreement. Similarly, any tanscription of any examination or
other reference to Confide,ntial Information (or that portion of the record containing Confidential
lnformation) shall be marked and treated as provided herein for Confideirtial 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 Agreement, unless such
information is released from the restrictions of this Agreonent 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) Appeal
Should an appeal from the proceeding be taken, sealed portions of the record may be
forwarded to any court of competent jurisdiction for ptrrposes of an appeal, but under seal as
designated herein for the information and use of the court. If a portion of the 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 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 agreernents set forth in Exhibit "A- attached to this Protective
Agreement, and may, in tum, be disclosed by them only to individuals who likewise signed Exhibit
*Arr.
PROTECTTVE AGREEMENT - 5
7. Summan 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.
t. Returu or Destrucdon of Conlldential Informedon
(a) Upon request of the providing party, aU original documents and copies of the
Confidential lnformation shall be: (l) retumed to the providing party; or (2) or at the option of the
recipient destroyed within thirty (30) days after the final settleme,nt or conclusion ofthe proceedings,
including administrative or judicial review thereof. After return or destnrction of documents
pursuant to this paragraph, and upon request, a written receipt veriling return 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 Information r.rnder seal. Notwithstanding any other
provision in this Agreernent anymember of Staffmayreview and use that copyof the Confid€xrtid
Information outside this proceeding while performing his or her duties as a Staffmernber. Staffs
use and disclosure of the Confidential Information in a later Commission proceeding shall be zubject
to anyprotective agreement signed in the proceeding.
(c) Any notes maintained by a recipient of Confidential Information which ernbody or
reflect any of the Confidential Information provided under this Agreement shall, upon request ofthe
providing party, be either returned to the providing party or, at the option of the recipient deshoyed.
9. Elfective Date
This Protective Agreement shall become effective on the date hereof.
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PROTECTIVE AGREEMENT . 6
DATED this 156 day of March,2Ol7.
IDAIIO POWER COMPAI\TY
By:
Lisa D Nordstrom
Idaho Power Company
l22l West Idaho SEeet
Boise,Idaho 83702
Attorney Representing Idaho Power Company
IDAHO PUBLIC UTILITIES COMMISSION STAFF
By:
Attorney
Idatro Public Utilities
47 2 W est Washington Steet
Boise,Idatro 83702
Attorney Representing the
Idaho Public Utilities Commission Staff
)
PROTECTIVE AGREEMENT - 7
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this 15th day of March 2017 in
Case No. IPC-E-17-03 and agree to be bound by the terms and conditions of such Agreement.
DONN
IDAHO PUBLIC UTILITIES COMMISSION
Employer or Firm
472 W Washinston Street.rD 83702
Business Address
Commission staff
Party
3'2t- t7
Date
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this l5th day of March 2Ol7 in
Case No. IPC-E-17-03 and agree to be bound by the terms and conditions of such Agreement.
STACEY
IDAHO PUBLIC COMMISSION
Employer or Firm
472W Washington Street, Boise. ID 83702
Business Address
Commission Staff
Party
qbtl PDat{'I
EXHIBIT "A'
I have reviewed the foregoing Protective Agreement dated this l5th day of March 2017 in
Case No. IPC-E-I7-03 and agree to be bound by the terms and conditions of such Agreement.
TERRY
IDAHO PUBLIC UTILITIES COMMISSION
Employer or Firm
472 W Washinston Street-se [I) R77O)
Business Address
Commission Staff
Party
3 z 2o
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