20180214Protective Agreement.pdf

PROTECTIVE AGREEMENT
BETWEEN
IDAHO POWER COMPANY AND
IDAHO PUBLIC UTILITIES COMMISSION STAFF
(AND OTHER PARTIES AS APPLICABLE)
CASE NO.IPC-E-17-II
&ECE/YED
??tB r}l t \Ptl J: tJ
[fili,,,l$r,0,
This Protective Agreement is entered into this lOth day of November 2017 by Idaho Power
Company ("Idaho Power") and the Idaho Public Utilities Commission (Staffl), and other parties as
applicable.
Recitals:
1. WHEREAS, ldaho Power and the ldaho 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 Agreement will expedite the production of documents; will afford the necessary protection
to Idaho Power's and the undersigned parties' employees and/or representatives in Case No.
IPC-E-17-l I 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 AGR.EED AS FOLLOWS:
1. (a) Confidential Information
All documents, data, information, studies and other materials fumished 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 Information") shall be so marked by the party or entity providing the information
by stamping the same with a designation indicating its trade secret, 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 authority to support the claim. IDAPA 3 I .01 .0 | .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 Agreement. Unless otherwise ordered, Confidential Information, including transcripts of
depositions containing information to lvhich a claim of confidentiality is made, shallremain 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 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 Agreement 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 Agreement.
(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 Agreement
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" 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 certify 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 agreement shall be delivered to
counsel for the providing party, before disclosure is made.
2. Copies
No copies ortranscriptions of the Confidential Information shallbe made bythe recipient
except as necessary to make the information available to individuals who have executed an Exhibit
"A" to this Protective Agreement.
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 r,vaive the right of the providing party to object to its
relevance or admissibility in any proceedings before this Commission.
4. Challense ta lealfi{lenttiality
(a) Initial Challense
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 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
summary, 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 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 deemed to be non-confidential by the challenging parry.
(c) Challense Hearins
The challenging party shall request that the Commission conduct an in camera proceeding
where only those persons 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 serving the Petition on the providing party and the Commission. The record of
the in camera hearing shall be maTked "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
(d) Determination
The parlies 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
Idaho Public Records Act(ldaho Code $$ 74-l0l through 74-126). If information is found to be not
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 Agreement from
material claimed to be confidential. Such relief may be sought from the Commission or a court of
competent j urisdiction.
5. (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:
(l) If the requesting party intends to use Confidential lnformation or to make
substantive reference to Confidential Information supplied to it under this Agreement, it shall give
reasonable prior notice of such intention to the providing party and shallprovide 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 Information described in paragraph
5(aXI) 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 Agreement, if applicable.
PROTECTIVE AGREEMENT - 4
(c) 1n Canera Hearing and Transcrints
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 access to the
information under this Protective Agreement. 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 u'ho have signed an Exhibit "A" as provided in this Protective Agreement, unless such
information is released from the restrictions of this Agreement 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 finaljurisdiction.
(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 purposes 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 Pleadings
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 rvill not disclose the sr.rbstantive
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 agreements set forth in Exhibit "A" attached to this Protective
Agreement, and may, in turn, be disclosed by them only to individuals who likewise signed Exhibit
*Atr.
PROTECTIVE AGREEMENT - 5
7. SummarydXecerd
If deemed necessary by the Commission, the providing parties shall prepare a written
summary 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: (l ) returned 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 verifying return or destruction 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 Agreement, any member of Staff may review and use that copy of the Confidential
Information outside this proceeding while performing his or her duties as a Staff member. Staff s
use and disclosure ofthe Confidential Information 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 Information which embody 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, destroyed.
9. Effective Date
This Protective Agreement shall become effective on the date hereof.
PROTECTIVE AGREEMENT - 6
DATED this 1Oth day of November 2017.
IDAHO POWER COMPANY
By
D. Nordstrom
Idaho Power Company
1221 West Idaho Street
Boise,ldaho 83702
Attomey Representing Idaho Power Company
IDAHO PUBLIC UTILITIES COMMISSION STAFF
By:
Sean Costello
Deputy Attorney General
Idaho Public Utilities Commission
472 West Washington
Boise,ldaho 83702
Attorney Representing the
Idaho Public Utilities Commission Staff
PROTECTIVE AGREEMENT - 7
DATED thi, &^)'of Novem ber zolT
INDUSTRIAL CUSTOMERS OF IDAHO POWER
By:3/oM
Peter J. Richardson
Attomey Representing the Industrial Customers of Idaho
Power
PROTEC'|IVE AGREEMENT - 8
DATED tlrirl ({..T day of November 201 7.
STERRA CLUB
By,\ t-r
Gloria D. Smith
Attomey Representing Sierra Club
\.'.n"----
PROTECTIVE ACREIIi\,|ENT - 9
(
DATED this _ day of November 2017
IDAHO IRRIGATION PUMPERS ASSOCATION, INC.
B)':
Eric L. Olsen
Attorney Representing the Idaho Irrigation Pumpers
Association. Inc.
PROTECTIVE AGREEMENT . IO
I
DATED this '7) day of Nove mber 2017
IDAHYDRO
By
C. Tom Arkoosh
Attorney Representing Idahydro
PROTECI.IVE NGREEIVIENI-- I I
DATED this t* dayof Novernber20lT.
MICRON TECHNOLOGY, INC.
Thorvald A. Nelson
Attorney Representing Micron Technology, Inc.
PROTECTIVE AGREETV1ENT - 12
DATED this _ day of November 2017
STOP B2H
By
Brad M. Purdy
Attorney Representing STOP 82H
PROTECTIVE AGREEMENT - I3
,f$,
DATED this lJ da1'of Nove mber 2017
By:
RENEWABLE ENERGY COALITION
Adams
Attornev senting the Renewable Energy Coalition
PROTECTIVE AGREEMENT - I4
EXHIBIT "A''
I have reviewed the foregoing Protective Agreement dated November 10, 2017,in Case No.
IPC-E- l 7- I I and agree to be bound by the terms and conditions of such Agreement.(tu
Signature
Vand, Wat+kl
Printed Name
iohAndton Ml.,"r,Fuc-
Employer or Firm
5/S N Z-l+h &t BoiX lD ts76L
Business Address
lndu**;rl O,ulqrg, aP ld4,l* Powu
Partv
uJtt lzaitD;/T
tJXHIBIT..A"
EXHIBIT ..A''
I have reviewed the foregoing Protective Agreement dated November 10, 2017,in Case No.
IPC-E- 17- l I and agree to be bound by the terms and conditions of such Agreement.
Signature
Doz c riJQ
Printed Name
6$t
^.l
L
Employer or Firm
e o? u k/, [( 7,*,
Business Address
Party
I,o
Date
c-rorc:)
x €P
EXIIIBIT "A"
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this l0'r'day of November20lT in Case
No. IPC-E- I 7- I I and agree to be bound by the terms and conditions of such Agreement.
Public Utilities Commission
Employer or Firm
472 W. W
Business Address
Commission Staff
Party
Stacey
2t ZD
Date
rn*r,,Y-
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this lOth day of November 2017 in Case
No. IPC-E-17-11 and agree to be bound by the terms and conditions of such Agreement.
Randy Lobb
Public Utilities Commission
Employer or Firm
472W. Washinston Street. Boise, ID 83702
Commission Staff
Party
l3 ZotT
Date
€^*q Jilk
Business Address
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this lOth day of November 2017 in Case
No. IPC-E-17-1 I and agree to be bound by the terms and conditions of such Agreement.
Public Utilities Commission
Employer or Firm
472 W . Washington Street, Bqise,ID 83702
Business Address
Commission Staff
Party
4
Date
EXHIBIT "A''
I have reviewed the foregoing Protective Agreement dated November 10, 2017,in Case No.
IPC-E- I 7- I I and agree to be bound by the temrs and conditions of such Agreernent.
S
Tvy [0*n
Printed Name
5V,"rWf {,,,+rtd,/ ila^ta^zrr {
Employer or Firm
/ i:)./'795 l1sr /W. fin*,gt{- n.a
Business Address
za-' ./'
-z'fS<n* L tc$
Party
il tf )Za t
Date
EXI.IIBIT..A''
EXI{IBIT "A"
I have revierved the foregoing Protective Agreement dated Novernber I 0,2017, in Case No.
IPC-E- I 7- I I and agree to be bound by the terms and conditions of such Agreement.
t/a+
Signature
il+.u
Printed Name
S
Ernployer or Firm
4BS M"gr""t^-d.-lt-" A,*- G^trJF AA o.,51
Business Address -J-
S
(io.* CJ.t
Party
Date
AJu*b.,-?A
EXI-tIBIT..A''
-Tfu
--1-L.,".^s
BXHIBIT "A'
I have reviewed the foregoing Protective Agreernent dated November 10,2017, in Case No.
IPC-E-17-l I and agree to be bourrd by the terms and conditions of such Agreernent.
1r
Signature
fu; All,o-,
Printed Name
-irt-."- €&t>t.LLL-c viL i
enlpioyd.r+i,*
'(gr trt
Business Address
€w,(/" I
l":b Z L.^11,t ttz111
T-'7
i
fi
Party
h,,L lr 7u Iu/(-
Date
EXIJIBIT ''A''
EXHIBIT'A''
I have reviewed thc forcgoing Protective Agreement dated Novenrber 10, 20 t 7, in Case No.
IPC-E-17-l I and agree to be bound by the terms and conditions of such Agreemcnt.
Signature
Printed Name
Sie ri-o.*C(ut^'
Employer or Firm
Business Address
Sifrru- Ll.,r!
Party
lt/luf zor?
Date
EXI{IBIT *N ''
Aw. rra
EXHIBIT ..A''
I have reviewed the foregoing Protective Agreement dated November 10,2017, in Case No.
IPC-E- l7- I I and agree to be bound by the terms and conditions of such Agreement.
Signature
DAVID M. COOPER
Printed Name
SHOROCK HYDRO, INC
Employer or Firm
7630 W THUNDER MOUNTAIN DR, BOISE, ID 83709
Business Address
IDAHO HYDROELECTRIC POWER PRODUCERS TRUST
12t1t2017
Date
Party
EXHIBIT "A"
l.
t
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated November 10, 2017,in Case No.
IPC-E- l 7- I I and agree to be bound by the terms and conditions of such Agreement.
Signature
D,o,[ A-("--.1^
Printed Name
t'*^' om.t o{o4'il h'k.gDs[
Employer or Firm
fu 9", Zg\a, BrE , lD Brtot
Business Address
1/r,l{"/'"c
Party J
lt->t-w
Date
EXHIBI'T.'A''
(,
EXHIBIT "A''
I have reviewed the foregoing Protective Agreement dated November 10, 20l7,in Case No.
IPC-E- I 7- 1 I and agree to be bound by the terms and conditions of such Agreement.
Printed Name
Arunnr\" \^asn Crl,kres
rmpioyer or-Fiini - -W
flD P*,v Jqr'^, Bor:e, rD 83tu1
Business Address
VMwP*t -\7
il- rz-l?
Date
EX}IIBIT ''A"
EXHIBIT "A'
I have reviewed the foregoing Protective Agreement dated November 10, 2017 ,in Case No.
IPC-E- I 7- l I and agree to be bound by the terms and conditions of such Agreement.
Signature
frl S. Sorn,-tc*,.
Printed'f.Iaile --
Employer or Firm
Business Address
IdaHydro
Party
n/>l 2ol]ry
EXHIBIT"A''
EXHIBIT ..A"
I have reviewed the foregoing Protective Agreement dated November 10, 2017 ,in Case No.
IPC-E-17-ll and agree to be bound by the terms and conditions of such Agreement.
t
Signature
ul{ '4 -Moar,\
Printed Name
lv-/rl FAz I S. c-,A.,r)liL C,S.
Employer or Firm
?,O, Box {Zt* Twr.t FrqLcr\ ID g3&3
Business Address
VD?-O
Partv
Date
EXHIBIT "A''
E)CIIBIT "A'
I have reviewed the foregoing Protective Agreement dated November 10, 2017, in Case No.
IPC-E-I7-l I and agree to be bound by the terms and conditions of such Agreement.
Signature
kiu 9"5*u
Printed Name
WLL?c-------------.---
Employer or Firm
lul * silfu f'r+[-J o?-flzif
Business Address
Pono v oLle tkertry 6o^trirox
Party
tt/zl)t
Date
EXHIBIT "A''
EXHIBIT ..A',
I have reviewed the foregoing Protective Agreement dated November 10, 2017, in Case No.
IPC-E-I7-l t and agree to be bound by the terms and conditions of such Agreement.
Signature
M I A YL^
Printed Name
9*qu{ L*J b
Employer or Firm
Business Address
tu1 5tr fx) Aue' P,/+1,*,( CL
"t7lrT
(tiLeNa cil*u
Party
I tlLt lt'\
Date
EXHIBIT "A"
1
EXHIBIT *A"
I have reviewed the foregoing Protective Agreement dated November 10. 2017 , in Case No
IPC-E- l7- I I and agree to be bound by the terms and conditions of such Agreement.
4rY\fu>
Signature
M qtie Bqr\ot-^')
Printed Name
SanSer Lqd, PL
Employer or Firm
\il SE rd ftve CInd 0R- q12ls
Business Address
Zq.rro,^)q.b[-e 6nem u Coq,lr+tfiA
Party
1-\Lon
Date
t
EXHIBIT "A''
EXHIBIT "A''
I have reviewed the foregoing Protective Agreement dated November 10, 2017 ,in Case No,
IPC-E- I 7- I I and agree to be bound by the terms and conditions of such Agreement.uu
Signature
Emanuel T. Cocian
Printed Name
Holland & Hart LLP
Employer or Firm
6380 S. Fiddlers Green Circle, Suite 500
Greenwood Village, CO 80111
Business Address
Micron Technology,Inc
Parly
t(, ({ lro q
Date
EXHIBIT "A"
EXHIBIT "A''
I have reviewed the foregoing Protective Agreement dated November 10, 2017 ,in Case No.
IPC-E-17-11 and agree to be bound by the terms and conditions of such Agreement.
Signature
Pete Bennett
Printed Name
Micron Technology, lnc.
Employer or Firm
8000 S. FederalWay, Boise ID 83706
Business Address
Micron Technology, lnc.
Parly
November 13,2017
Date
EXHIBIT*A''
4*&..,*,,/
BXHIBIT "A''
I have reviewed the foregoing Protective Agreement dated November 10, 20l7,inCase No.
IPC-E-17-11 and agree to be bound by the terms and Agreement.
L\d*Wn Ea\dqa+
Printed Name
NJ..t L(o'r TaUaoLogJ
Employer or Firm
Business Address
Micron Technoloqyr Inc.
Partv
tl - t4.*t?
Date
EXHIBIT "A"
SOOO S^ F'dderal Pa'i <a Tn
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated November 10, 2017,in Case No
IPC-E-17-1 I and agree to be bound by the terms and conditions of such Agreement.
/V
Signature
/t ,{-ohA
Printed Name
M,^r, flMdr:^
Employer or Firm r)
8000 S. FederaL Way, Boise ID 83706
Business Address
Mi crnn Tor.hnol oow,Tnn
Party
tt-tv- t-7
Date
EXHIBIT "A''
EXHIBIT ..A"
I have reviewed the foregoing Protective Agreement dated November 10, 2017 ,inCase No
IPC-E-I7-l l and agree to be bound by the terms and conditions of such Agreement.
Signature /
y'L, zzc
Printed Name
la ' .-,^ n '1. /*oz'-r,
Employer or Firm -------r-T
{clao S *../.n.". I tAti,r r
Business Address I
Parfv
Date
EXHIBIT "A''
EXHIBIT "A''
I have reviewed the foregoing Protective Agreement dated Novernber I 0,2017, in Case No.
IPC-E- I 7- l I and agree to be bound by the terms and conditions of such Agreement.
Signature
Printed Name
t I \^-C
Employer or Firm
t\\ SLoSLo t^P S+ N T*,*Eq\\g,Jt
Business Address
t\?cr o r+
Date
Party
FtxFlllJI-r "A"
EXHIBIT.'A"
I lrave revieu ed the I'rrregoirtg Protective Agreenrent dated Novenrbcr I 0. 20 I 7. in Case No
IPC-H- I 7- I I ancl agrcc to bc bouncl b1.' thc te rnrs and conditions of such Agrecment.
Si re
?trulv
d Naure
Sl ptnkl),\ erunrut k,^2-t)(l[',rn1"rior cr or' [iirrn
a 7
Business Address
ure "t7 36lvtrts
Pa rtr'
tLtzp lt t
Dat/f-
L.XilIl]t l'"..\"
EXHIBIT "A''
I have reviewed the foregoing Protective Agreement dated November 10, 201 7, in Case No.
IPC-E-17-ll and agree to be bound by the terms and conditions of such Agreement.
,rl*
..Iouu E Str<a.eBHl+r<
Printed Nanre
S r+drt ocrs A/Yrqo * J.*./ "Employer or Firm
M Alto
Business Address
P**r r yr €. L/ r o F $ ;to r-oc 11 Fl r r2a- o
Parfv
7 ,orr*'lrt-- Ze, zo r-l
Date
EXHIBIT "A''