Loading...
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 '',"':-r'.li-i*,,;':,,':i.r:, , .;.r. "II1' 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. t/ il t/ u il il il il 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 DS -? 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. 1 ii01-L CC,R TERRI CARLOCK IDAHO PUBLIC UTILITIES COMMISSION Employer or Firm 472W Washinston Street. Boise.lD 83702 Business Address Commission Staff Party l))'\-U-L i )' ) . t\ '')I^l'-)t' 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 Namc fisu A"ks"7.fttia. Employer orFirm 6olo l/3 ?o? Business Address c -Zq, g-.g 0t t7 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. KarndJuhltcrs W Nmre Ptclra,r.clsrn M,n\s ?ui- Employer orFirm ;ts N n+^ &l 6oir /-D g3.taL Business Address lnd,A+nr-l CWh"l*t 6-C [doJ., (owr- Party s lq lzort 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. fi'^t Name i\,',Jaurls""t l)",*t , ?tll- Employer orFirm Str fi. Ltfu #. To,-r- /ID BTot Business Address il,*,ul Cqfr"r,,"- *€.?*t^. P,**r- Party s/q/,, Date s EXHIBIT"A"