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PROTECTIVE AGREEMENT rn,;, ,BETwEEN ltJiu "iui'l 25 fft4 ll:02
IDAHOPOWERCOMPANYAND , ,t ,,, ,,.lr.,r.l;IDAHO PUBLIC UTILITIES COMMISSION STAFF : . -: I.I:,..J..SIOhI
(AND oTHER PARTIES AS APPLTCABLE)
CASE NO. IPC-E-18.07
This Protective Agreement is entered into this l5s day of May 2018 by ldaho Power
Company ("ldaho Power') and the Idaho Public Utilities Commission (Staff), and other parties as
applicable.
Rccitals:
1. WHEREAS,ldaho Powerand 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 secrct, privileged or
confidential naiure (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 ofdocuments; will afford the necessary protection
to Idatro Power's and the undersigned parties' employees and/or representatives in Case
No. IPC-E-|8-07 who might review the information and subsequently be requested to rcveal its
contents by sening 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:
l. (e) Confidential Informetion
All documents, data, information, studies and other materials furnished pursuant to any
requests for information, subpoenas orother modes of discovery (formal or informal), and including
depositions, that are claimed to be of trade secret, proprietary or confidential nature (herein refened
to as "Confidential Information") shall be so marked by the party or entity providing the information
by stamping the same with a designation indicating is trade secret, proprietary or confidential nature
and printed on "yellod' paper. IDAPA 31.01.01.067. Any claim of confidentiality must be
accompanied by an attomey's certificate that the material is protected by law from public disclosure
and cite the specific legal authority to 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 controlted by the terms of
this Agreement. Unless otherwise ordered, Confidential Information, including lranscripts of
depositions containing information to which a claim of confidentiatity is made, shal! remain under
seal, shall continue to be subject to the protective requirements of this Agreement, and shall nol be
disclosed to individuals who have not executed the nondisclosure agreement set forth in Exhibit "A."
(c) Use of Conlidential Information
All persons who may be entitled to review, or who are afforded access to ary 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 here in, 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) Pcrsons Entitlcd to Rcview
Access to Confidential Information shall be limited to counsel of the undersigned parties,
employees, experts, agents or representatives o[ 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-disclosureAgrecment
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'?" and incorporated herein.
The non-disclosure agreement or Exhibit'oA" 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 Agreement shall contain the
signatory's full name, permanent address and employer. Such agreement shall be delivered to
couns€l for the providing party, before disclosure is made.
2. Conies
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 Agreement.
PROTECTIVE NGREEMENT - 2
3. Non-waiver of Obiection to $dmissibilitv
The furnishing of any document, information, da!a, study or other materials pursuant to this
Protective Agreement shall in no way limit or waive the right of the providing pafly to object to its
relevance or admissibility in any proceedings before this Commission.
4. Chellense to Confidentialitv
(a) InitiaLChallenee
This Protective Agreement establishes a procedure for the expeditious handling of
information that a party claims is confidential. Any pafiy 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 &e 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) SubscquentChsllenee
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'r 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 party.
(c) C-hflllenqe Hcarins
The challenging party shall request that the Commission conduct an in camera proceeding
where only those Frsons 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 camerq hearing shall be marked "CONFIDONTIAL - Subject to Protective Agrcement."
To the extent necessary, the transcript of such hearing shall be separately bound, segregated, sealed,
and withheld from public inspection by any penion not bound by the tems of this Agreement.
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 deemed to be exempt from public disclosure pursuant to the
IdahoPublicRecordsAct(ldahoCode$$74-l0l throughT4-126). tfinformationisfoundtobenot
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 enabtes 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) Reccipt Into.Evidcnce
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 1o use Confidential Information or to make
substantive reference to Confidential Information supplied to it under this Agreement, it shallgive
reasonable prior notice of such intention to the providing party and shall provide copies of the used
Conhdential Information or substantive reference to Confidential Information only to the providing
party, and such other parties, ifany, who have executed an Exhibit "A" to this Protective Agreement.
(21 One (l) copy of the used Confidential Information or substantive reference to
Confidential Information or substantive reference to Confidential Information described in paragraph
5(a)(l) 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 *y person exeept under the conditions set
forth in this Agreement if applicable.
PROTECTIVE AGREEMENT - 4
(c) Ia Carilera Hearine and Transcripts
Any Confidential lnformation that rnust be orally disclosed at a hearing in the proceedings
shall be offered atan in camera hearing, attended only by persons authorized to have access to the
information under this Protective Agreernent. Similarly, ily transcription of any examina:ion or
other reference to Confidential Information (or that portion of the record containing Conflrdential
lnformation) shall be marked and treated as provided herein for Confidential Information.
(d) Acccss to.Sepord
Access to sealed lestimony, records, and information shall be limited to the Commission and
persons who have signed an Exhibit 'tA!' as provided in this Protective Agreemenf 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 &e
Iinal order of a court having final jurisdiction.
(e) Anpeal
Should an appeal from the proceeding be taken, sealed portions ol the record may be
forwarded to any court of competent jurisdiction for purposes of an appeal, but under seal as
designated herein lor the information and use of the court. Ifa 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 in Pleadinss
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 separale section of the pleading or briel and submiued to the
Commission pursuant to Paragraph 5. This sealed section shall be served only on counsel of record
who have signed the nondisclosure agreements sel forth in Exhibit'oA" attach€d to this Protective
Agreement, and may, in tum, be disclosed by them only to individuals who likewise signed Exhibit
orArr.
PROTECTIVE ACREEMENT - 5
7, Summarv of Recor4
If deemed necessary by the Commission, the providing parties shall prepare a rwitten
summary of the Confidential lnformation refened to in Orders to be issued to the public and the
parties.
8. Return or Destruction of Confidential lnformation
(a) Upon request of the providing party, all 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 destroycd within thirty (30) days after the final settlement or conclusion ofthe proceedings,
including administrative or judicial review thcrcof. Aftcr rctum or destruction of documents
pursuant to this paragraph, and upon request, a written receipt veriffing retum or destruction shall be
provided by counsel.
(b) On a case-by-case basis and upon notif,rcation to the utility, the Cornmission Staff
may retain one copy of the Confidential Information under seal. Notrvithstanding any other
provision in this Agreement, any member of Staffmay review and use that copy of the Confidential
Information outside this proceeding while perlorming his or her dutics as a Staffmember. Stafls
use and disclosure of the 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 lnformation 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. Effcctivc Date
'l'his Protective Agreement shall become effective on the date hereof.
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PROTECTIVE ACREEMENT . 6
DATED this l5'h day of May 2018.
IDAHO POWER COMPANY
E.
Idaho Power Company
1221 West Idaho Street
Boise, Idaho 83702
Anorney Representing Idaho Power Company
IDAHO PUBLIC UTILITIES COMMISSION STAFF
By:
Edith L. Pacillo
Deputy Attorney Ceneral
ldaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83702
Attorney Representing the
Idaho Public Utilities Commission Staff
PROTECTIVE AGREEMENT - 7
DA"I'ED this l5'h day of May 2018.
IDAIIO POWER COMPANY
E.
Idaho Powcr Cornpany
I22l West ldaho Strcct
Boise,ldaho 83702
Attorney Reprcsenting ldahd Power Company
IDAHO PUBLIC UTI COMMISSION STAFF'
By;
Dcputy Attomcy Gcncral
ldaho Public Utilitics Commission
472 Wcst Washington Strcct
Boisc, Idaho 83?02
Attorney Represcnting the
Idaho Public Utilities Commission Stoff
PROTECTIVE AGREEMENT. ?
1
I
I
Dn'fED this
-
day of May, 201 8.
J.R. STMPLOT COMPANY
Pctcr
Attorney Representing J.R. Simplot Company
By:
PROT'ECTIVE ACRIiEMEN I' .8
(+
DATED this at"day of May, 2018.
IDAHYDRO / STIOROCK IIYDRO, INC.
By:
C. Tom Arkoosh, Attomcy reprcscnting ldahydro and
Shorock llydro, Inc.
PROTECTIVE AGREEiVIENI' . 9
DATED this _ day ofMay, 201 8.
RENEWABLE ENERGY COALITION
By:
J. Kahle Becker
Attorney Representing the Renewable Energy Coalition
PROTECTIVE ACREEMENT . I O
DATED a"2*L day of Ma5 201E.
RENEWABLE EITTERGY COALITION
By:
Irion Sanger
Attorney Representing the Renewable Energr Coalitioa
PROTECTIVE AGREEMENT. I I
EXHIBIT "A"
I have reviewed the foregoing Protective Agreementdated May 15,2018, in CaseNo. IPC-E-
l8-07 and agree to be bound by the terms and conditions of such Agreement.
nLrarry ,l{",^t (Printed Name)u
7rL1^t r&:.,t ,Uor t f tLC
Employer or Firm
s/J N, a1r't f,{, , rT.r'L rD ;7-taz**
Business Address
J. i?- J, wrpla* Co -
Party
/Y u,l(o, 2otf,
Date
EXHIBIT "A''
EXI{lBl'l'r.4"
I ltavc rcvicrvcd thc foregoing Protcctirc r\grccmcnt d{rtcd Muy I 5, ?018, in Cusc No. IPC-E-
Iti-07 and ugrcc to bc bound by lhc tcrms arrd conclitions of .such r\grccnrcnl.
tot-
futnb,* f;ugtvollYq
Namc)
[:mploycr or Fimr U J
yl.Utltni
Busincss Arldrcss
IdaHydro
,t+3q
PBrty
Datc
7
Ixt 1il]t'l"i\"
EXHIBIT ..A'
I have reviewed the foregoing Protcctive Agreement dated May 15, 20:8, in CaseNo. IPC-E-
l8-07 and sgrec to be bound by the terms and conditions of such Agrecmcnl
Nnme)
TvUtl Fnu^q (Al;,Ar( (n.
Employcr or Firm
-Q-Q, &gllr- \>+ -rvl*l ilLus,-t*D 83303
Business Address
u)n HYOry)
s/zsL*
Date
Party
EXHIBIT'A''
EXHIBIT "A''
I have reviewed the foregoing Protective Agrccmcnt datcd iVlay 15,2018, in Casc No. IPC-E-
l8-07 and agree to be bound by the terms and conditions of such Agreemcnr.
€rrn Ceu Name)
Ar kuos[ Lat, Offces
lJmploycr or Firnr
&2 uJ. Banv*z} St., SI€ '10D, Potox )100,
Busincss Addrcss Eorc(.rlb 83bl
w N",A Sl.rrJ.rD
6- ttr-tt
Dalc
Pany
EXlilBtT "A"
E)$IIBIT I'A'
I have rcviewed the forcgoing Protcctivc Agrccment dated May I 5, 20 I 8, in Case No. IPC-E-
I8-07 and agree to be bound by the terms and conditions of such Agrccmenl.
RoL Nrmc)
SL.o c-\\
Employer or Firm
I oo St"osLo\.\e- lt N . S.-.te- 1o o
Twr* F..'a-t\t, fb. g33oa- l+B+
Busincss Addrcss
SL.o.^o c-\-
Party
65
Date
EXHtBI't''A'
'.
EXHIBIT,.A"
I have reviewed the foregoing Protective Agreement dated this l5h day of May 2018 in Case No.
IPC-E-I8-07 and agree to be bound by the terms of such Agreement.
Donn
Public Utilities Commission
Employer or Firm
472W. Washinston Street. Boise. ID 83702
Business Address
Cnmmissinn StnfF
Party
5"2/-/8
Date
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this l5th day of May 2018 in Case No.
IPC-E-18-07 and agree to be bound by the terms and conditions of such Agreement.
J*rt h"Loch
Terri Carlock
Public Utilities Commission
Employer or Firm
472 W . Washineton Street.se- ID R77O2
Business Address
Commission Staff
Party
Sl.r,llaclB
Date
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this l5'h day of May 2018 in Case No.
IPC-E- 18-07 and agree to be bound by the terms and conditions of such Agreement.
Mike
Public Utilities Commission
Employer or Firm
472W. Washineton Street. Boise. ID 83702
Business Address
Commission Staff
Party
Date
,r/rrly
EXHIBIT "AN
I have reviewed the foregoing Protective Agleement dated this l5s day of May 2018 in Case No.
IPC-E-I8-07 and agree to be bound by the terms and conditions of such Agreement.
Public Utilities Commission
Employer or Firm
472 W. Washinston SEeet.se- ID $742
Business Address
Commission Staff
Party
Date
EXHIBIT "A'
I have reviewed the foregoing Protective Agreement dated this l5il'day of May 2018 in Case No
IPC-E-18-07 and agree to be bound by the terms and conditions of such Agreement,
r)
Ri
Puhlic I Itilities Commission
Employer or Firm
412V!. Washineton Street. Boise.ID 83702
Business Address
Commission Staff
Pa.ty
5 bt ra
Date
Keller
EXHIBIT ..A'
I have revierved the foregoing Protective Agreement dated this l5'h day of May 2018 in Case No.
IPC-E-18-07 and agree to be bound by the terms and conditions of such Agreement.
4h
Yin
Public Utilities Commission
Employer or Firm
472W, Washinston Street. Boise,ID 83702
Business Address
Cnmmiscinn Strff
Party
>\?/"\8
Date
EXHIBIT "A'
I have re viewed the foregoing Protective Agreement dated May 15, 201 8, in Case No. IPC-E-
l8-07 and agree to be bound by the terms and conditions of such Agreement.
n!* A (-Name)
Coe f>"VI a \ L,.-+t
Employer or Firm
,6 ) td.,' L4+,fr*, Q */de-
4 U, n r/^e l,-tL*, H f 5l,a o t
Business Address
{ol
f*[{-t4
J,^
Party
Date
EXHIBIT"A''
EICIIBIT *A"
I have reviewed the foregoing Protective Ageem€nt dated May I 5, 201 8, in Case No. IPC-E-
lE-07 and agree to be bound by the terms and conditions of such Agreement.
r lfl
Employer Firm
I/7.-..Sr fi.d,4re S*J,n/ 0K 472t5
Business Address
n dI
Party
{\tn'l Z I zolt
Date
I
EXHIBIT"A"
EXHIBIT "A"
I have reviewed the foregoing Protective Agreementdated May 15,2018, in CaseNo.IPC-E-
18-07 and agree to be bound by the terms and conditions of such Agreement.
Name)
Employer Firm
llt*l Se 53rd &ut furuand, OL
Business Address
Q,enpr^nHp f.np rutu Coalrhan
Party
sllill L*t&
Date
EXHIBIT *A''
frqa^+ffis&ra . * ttw**,
qt2l5
EXHIBIT "A''
I have reviewed the foregoing Protective Agreement dated May I 5, 201 8, in Case No. trC-E-
l8-07 and agree to be bound by the tenns and conditions of such Agreement.
qttllt v4
0ttt(tVq
Employer or
{L L
Business Address
Party
Date
(j
,?nl
EXHIBIT"A"
S.*rY [4ur
EXHIBIT "A''
I have reviewed the foregoing Protective Agreement dated May I 5, 20 I 8, in Case No. IPC-E-
18-07 and agree to be bound by the tenns and conditions of such Agreernent.
N;N^4 PrintedNsnc)
9r**or hd , 7c
Employer or Firm
I if t ? jtr {bYd{ /tun- P*$*r/
cp* J7 urBusiness Address
Date
3o {y.
C*,lt
Party
EXHIBIT"A"