HomeMy WebLinkAbout20170509Protective Agreement.pdfPROTECTIVE AGREEMENT
BETWEEN
IDAHO POWER COMPAI\TY AI\D
IDAHO PUBLIC UTILITIES COMMISSION STAFF
(AI{D OTHER PARTIES AS APPLTCABLE)
cAsE NO. IPC-E-17-06
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This Protective Agreement is entered into this 3rd day of May 2017 by Idatro Power
Company ("Idaho Powed') and the Idaho Public Utilities Commission (Staff), and other parties as
applicable.
Recitals:
1. WHEREAS, Idaho Power and the Idaho Public Utilities Commission Staff(hereinafter
"Staff') anticipate that parties to this proceeding may make requests to prcvidg or make available
for review, certain information, considered by its custodian to be of a fiade secret, privileged or
confidential nature (as defined in Idaho Code $$ 74-107 through 7+109 and 48-801).
2. WHEREAS, Idaho Power and the undersigned parties agree that e,ntering into a
Protective Agreunent will expedite the production ofdocuments; will afford the necessary protection
to Idaho Power's and the undersigned parties' anployees and/or representatives in Case No.
IPC-E- l 7-06 who might review the inforrnation and subsequently be requested to rweal its contents
by setting forttr 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 A}tD AGREED AS FOLLOWS:
1. (a) Confldendal Informrtlon
Al[ documents, data, information, studies and other materials furnished pursuant to any
requests for information, subpoe'nas or other modes of discovery (formal or informal), and including
depositions, that are claimed to be of tade secret, propnetary or confidential nature (herein referred
to as "Confidential lnformation") shall be so marked by the party or entity providing the infomration
bystampingthe samewith a designation indicating its trade secret proprietaryorconfidentialnature
and printed on '!ellow" paper. IDAPA 31.01.01.067. Any claim of confidentiality must be
accompanied byan attorney's certificate thatthematerial isprotectedbylaw frompublic disclosure
and cite the specific legal authorityto support the claim. IDAPA 31.01.01.233.
PROTECTIVE AGREEMENT. I
@) Protectiou of Conlldential Information
Access to and review of Confidential Information shall be strictly contolled by the terms of
this Agreement. Unless otherwise ordered, Confidential krformation, 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 Agreement, and shall not be
disclosed to individuals who have not executed the nondisclosure agreernent set forttr in Exlribit "A."
(c) Use of Conlidential Informatlon
All persons who may be entitled to review, or who are afforded access to any Confidential
lnformation by reason of this Agreement shall neither use nor disclose the Confide'ntial Information
for purposes ofbusiness or competition, or any purpose other than the ptrpose ofpreparation for and
conduct of the proceedings, and then solely as contemplated hersin, and shall keep the Confidential
Information sesure as trade secret, confidential or proprietary information and in accordance with the
purposes and intent of this Agreanent.
(d) Persong Entitled to Review
Access to Confidential Information shall be limited to counsel of the undersigned parties,
onployees, experts, agents or rqnesentatives of the undersigned parties who have executed an
Exhibit "A' to this Agreerne,nt. 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 agrefiient 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 certiry in writing that he or she has
reviewed the same and has consented to be bound by its terms. The Agreernent shall contain the
signatory's full name, permanent address and employer. Such agreonent shall be delivered to
counsel for the providing party, before disclosure is made.
2. Coples
No copies or transcriptions of the Confidential Information shall be made by the recipient
except as necessaryto make the information available to individuals who have executed an Exhibit
"A" to this Protective Agreonent.
PROTECTTYE AGREEMENT - 2
3. Non-wsiver 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 Conlidendalitv
(a) Initlsl Challense
This Protective Agreernent 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 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
surlmary, reformatting the information, etc.
@) SubgequentChallenee
In the event that the parties cannot agree as to the character ofthe information challenged,
any party challenging 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 Agreanent. 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) Challenee Hearine
The challengrng parfy shall request that the Commission conduct an in camera proceeding
where only those p€rsons duly authorized to have access to such challenged materials under this
Protective Agreement shall be present. This hearing shall be commenced no earlier than five (5)
business days after serning 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 exte,nt necessaxy, the transcript of such hearing shall be separately bound, segregated, sealed,
and withheld from public inspection by any person not bound by the terrns of this Agreerne,nt.
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 exeinpt from public disclosure pursuant to the
Idatro Public Records Act(Idaho Code $$ 74-l0l through 74-126). Ifinformationis foundtobenot
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 restictions of this Agreement from
material claimed to be confidential. Such reliefmaybe sought from the Commission or a cotrt of
competent jurisdiction.
5, (a) Recelot Into Evldcnce
Provision is herebymade for receipt into evidence in this proceeding ofmaterials claimed to
be confidential in the following manner:
(1) If the requesting party inturds to use Confidential Information or to make
substantive reference to Confidential Information zupplied to it under this Agreement it shall give
reasonable prior notice of such intention to the providing party and shall provide copies of the used
Confidential Information or substantive refereNrce 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) oopy of the used Confidential lnformation or substantive reference to
Confidential Information or substantive reference to Confidential Information described in paragaph
5(a)(l) shall be placed in the sealed record.
(3) The copy ofthe documents to be placed in the sealed record shall be te,ndaed 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 ofthe Commission, materials containing Confidential Information shall
be marked "CONFIDENTIAL - SIIBIECT TO ATTORNEY'S CERTIFICATE Of'
CONFIDENTIALITY' and shall not be examined by anyperson except under the conditions set
forth in this Agreement, if applicable.
PROTECTIVE AGREEMENT . 4
(c) In Carnera Hearins and Trrnscripts
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 persons authorized to have ascess 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.
(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 resfrictions of this Agreement either through agreune'nt of the
parties or after notice to the parties and hearing, pursuant to the order ofthe Commission and/or the
final order of a court having final juisdiction.
(e) Apoeal
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 ofthe 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 ln Plesdlnss
Where refere'nces to Confidential Information in the sealed record or with the custodian is
required in pleadingp, 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 pr:rsuant to Paragraph 5. This sealed section shall be se,r:rred only on counsel ofrecord
who have signed the nondisclosure agreements set forth in Exhibit *A" attached to this Protective
Agreement, and may, in turn, be disclosed bythern onlyto individuals who likewise signed Exhibit
,.Arr.
PROTECTIVE AGREEMENT - 5
7, Summan of Record
If deerned neoessary by the Commissiorl the providing parties shall prepare a written
sunmary of the Confide,lrtial Information referred to in Orders to be issued to the public and the
parties.
8. Refurn or Destruction of Confidendal Information
(a) Upon request of the providing party, all original documents and copies of the
Confidential Information 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 settleme,nt or c,onclusion of the proceedings,
including administative or judicial review thereof. After return or destnrction of documents
pursuant to this paragraph, and upon request, a writte,n receipt verifring retum or destnrction 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 Confideirtial lnformation under seal. Notwithstanding any other
provision in this Agree,lnent, any manber 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 of the Confidential Information in a later Commission proceeding shall be subject
to any protective agreernent signed in the proceeding.
(c) Any notes maintained by a recipie,nt of Confidential Information which e,mbody or
reflect any of the Confidential Information provided under this Agreement shall, upon request of the
providing party, be either returned to the providing party or, at the option of the recipient, deshoyed.
9. Effective Date
This Protective Agreement shall become effective on the datehereof.
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PROTECTIVE AGREEMENT - 6
DATED this 3d day of May 2017
IDAIIO POWER COMPAI\TY
By:
Nordstom
Idaho Power Company
1221 West Idatro Steet
Boise,Idaho 83702
Attorney Represeirting Idaho Power Company
IDAIIO PUBLIC UTILITIES COMMISSION STAFF
By:
General
Idaho Public Utilities Commission
47 2 W est Washington Street
Boise,Idaho 83702
Attomey Representing the
Idatro Public Utilities Commission Staff
PROTECTIVE AGREEMENT - 7
n/L'
DATED this Y day of May 2017.
INDUSTRIAL CUSTOMERS OT' II'AEO FOWER
By:
Peter J. Richardson
Attomey Represeiiling the Industrial Customcrs of Idalro
Power
PROTBCTwE AGREETIENT - 8
EXHIBIT *A"
I have reviewed the foregoing Protective Agreement dated this 3'd day of May 2017 in
Case No. IPC-E-I7-06 and agree to be bound by the terms and conditions of such Agreement.
IDAHO PUBLIC COMMISSION
Employer or Firm
472 W Washinston Street,tD 83702
Business Address
Commission Staff
Party
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Date
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this 3'd day of May 2017 in
Case No. IPC-E-17-06 and agree to be bound by the terms and conditions of such Agreement.
DANIEL KLEIN
IDAHO PUBLIC UTILITIES COMMISSION
Employer or Firm
472 W Washinston Street-se TI) R?''lO)
Business Address
Commission Staff
Party
)
s /
Date
EXHIBIT "A''
I have reviewed the foregoing Protective Agreement dated this 3'd day of May 2017 in
Case No. IPC-E-17-06 and agree to be bound by the terms and conditions of such Agreement.
L.S
IDAHO PUBLIC COMMISSTON
Employer or Firm
472 W Washington Street. Boise. ID 83702
Business Address
Commission Staff
Party
T\aq- 7, )4r'l
Date I
EXHIBIT "A'
I have reviewed the foregoing Protective Agreement dated this 3'd day of May 2017 in
Case No. IPC-E-I7-06 and agree to be bound by the terms and conditions of such Agreement.
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TERRI CARLOCK
IDAHO PUBLIC UTILITIES COMMISSION
Employer or Firm
472W Washinston Street. Boise.lD 83702
Business Address
Commission Staff
Party
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Date
EXHIBIT "A''
I have reviewed the foregoing Protective Agreement dated this 3'd day of May 2017 in
Case No. IPC-E-17-06 and agree to be bound by the terms and conditions of such Agreement.
IDAHO PIIBLIC CON/tIvtISSTON
Employer or Firm
472 W Washinston Street-se lT) R3 702
Business Address
Commission Staff
Party
Date
EXHIBIT (4"
I have reviewed the foregoing Protective Agreement dated this 3'd day of May 2017 in
Case No. IPC-E-17-06 and agree to be bound by the terms and conditions of such Agreement
MIKE LO
IDAHO PUBLIC UTILITIES COMMISSION
Employer or Firm
472 W Washinston Street.se. Il) *1702
Business Address
Commission Staff
Party
Date
EXHIBIT "A'
I have reviewed the foregoing Protective Agreement dated this 3'd day of May 2017 in
Case No. IPC-E-I7-06 and agree to be bound by the terms and conditions of such Agreement.
Y YIN
IDAHO PUBLIC UTILITIES COMMISSION
Employer or Firm
472W Washinoton Street ID 83702
Business Address
Commission Staff
Party
Date
EXHIBTT E'A"
I have rwiewed the foregoing Protective Agreeme,nt dated May 3, 2017, in Case No.
IPC-E-17-06 and agree to be bormd by the terms and conditions of such Agreemenl
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Employer orFirm
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Business Address
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Date //
EXIflBIT'i4,''
E}UIBIT '(A'
I have rwiewed the foregoing Protective Agreement dated May 3, 2017, in Case No.
IPC-E-17-06 and agree to be borurd by the terms and conditions of such Agreeurent.
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Business Address
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Party
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Date
D(HIBIT *A''
E)CIIBIT '64"
I have rwiewed the foregoing Protective Agree,ment dated May 3, 2017, in Case No.
IPC-E-17-06 and agrec to be bormd by the terms and conditions of such Agreerrent.
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Employer orFirm
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Party
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EXHIBIT"A"