Loading...
HomeMy WebLinkAbout20180626Protective Agreement.pdfP''ECEI\'/ED 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. il il il ll // // lt il 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"