20170521Protective Agreement.pdf

RTCEIVED
PROTECTIVE AGREEMENTBETwEEN ?iiiil H&T A I PFI 12: 59IDAHO DBPARTMENT OF ADMINISTRATION, IDAHO POWER COMPANY, AND
IDAHO PUBLIC UTILITIES COMMISSION STAFF I .:i..1;.; ,.I IiiLIQ - .
(AND OTHER PARTIES AS APPLICABLD ' i-- I i: Cfilr[{lSSlON
CASE NO. GNR-H8.OI I ?C _ E - 18- O?
This Protective Agreemcnt is entered into this 19th day of April 2018 by thc Idaho
Department of Administration ("IDOA"), Idaho Power Company ("ldaho Power"), the Idaho Public
Utilities Commission ("Commission") Staff ("Staff'), and other parties as applicable.
Recitals:
l. WHEREAS, IDOA, Idaho Power, and the Commission Staff anticipate that parties to
this proceeding may make requests to provide, or make available for review, certain information,
considercd by its custodian to be of a trade secret, privileged or confidential nature (as defined in
Idaho Clode $$ 74-105(4)(b),74-107 through 74-109, and 48-801).
2, WHEREAS,IDOA, Idaho Power, and the undersigned parlies agrce that entering into a
Protective Agreement will expedite the production of documents; will afford the necessary protection
to IDOA's, Idaho Power's, and the undersigned parties' employees and/or representatives in Case
No. GNR-E-18-01 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 Intbrmation which might be provided during the course of the proceedings, now
therefore,
IT IS TIEREBY STIPULATED AND AGREED AS FOLLOWS:
1. (a) Confidential Information
All documents, data, information, studies and other materials furnished pursuant to any
requests fbr 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 "Conhdential Information") shall be so marked by the party or cntity providing the information
by stamping the same with a designation indicating its trade secrct, proprietary orconfidential nature
and printed on "yellow" paper. TDAPA 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 disolosure
and cite the specific legal authority to support the claim. IDAPA 3l.01 .01.233.
PROTECTIVE AGREEMI]NT - 1
(b) Protcction of Confidcntial lnformation
Access to and review of Confidential Information shall be strictly controllcd by the terms of
this Agrcement. Unless otherwise ordered, Confidential lnformation, including transcripts of
dcpositions 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
discloscd to individuals who have not executed the nondisclosure agreement set forth in Exhibit "A."
(c) Usc of Confidcntial Information
All persons who may be entitled to review, or who are afforded access to any Confidential
lnlormation by reason of this Agreement shall neither use nor disclose the Confidcntial Information
for purposes of business or compctition, or any purpose other than the purpose of preparation fbr and
conduct of thc proceedings, and then solely as contemplated hcrein, and shall keep the Confidential
Information secure as trade secret, confidential or proprietary information and in accordance with the
purposcs and intcnt of this Agreement.
(d) Pcrsons Entitlcd to Rcvicw
Acccss to Confidential Information shall be limitcd to counsel of the undersigned partics,
employees, experts, agents or representatives of the undersigned partics who have executed an
Exhibit "A" to this Agreement. Such information will bc clearly marked and protected from
unauthorized public disclosure.
(e) Non-disclosurc Asrccmcnt
Confidential Information shall not bc disclosed to any pcrson who has not signed a non-
disclosure agreement on this form, which is attached hereto as Exhibit "A" and incorporated herein.
'l'he non-disclosure agreement or Exhibit "A" shall require thc person to whom disclosure is to be
madc to read a copy of this Protective Agrecment and to certiff in writing that he or she has
reviewed the same and has consented to be bound by its terms. The Agrecment shall contain the
signatory's full name, permancnt address and employer. Such agreement shall be delivered to
counsel for the providing party, before disclosure is made.
2. Copies
No copies or transcriptions of the Confidcntial Information shall be made by thc rccipicnt
except as necessary to make the information available to individuals who have executed an Exhibit
"A" to this Protective Agreement.
PRO'TEC'I'IVE AGREEMEN I . 2
3. Non'waiver of Obiection to Admissibilitv
The lurnishing of any document, information, data, study or other materials pursuant to this
Protectivc 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. Challenge to Confidcntiali8
(a) Initial Challenqe
This Protective Agreement establishes a proccdure 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 infbrmation shall
first contact counsel for the providing party and atternpt to resolve any difference by stipulation.
Resolution may include removing the confidential classifications, creating a non-confidential
summary, reformatting the information, etc.
(b) Subscoucnt Challenee
In the event that the parties cannot agree as to the character of the information challenged,
any party challenging the confidentiality may pctition 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 rvhich the subject
material are deemed to be non-confidential by the challenging party.
(c) Challcnge Hearing
The challenging party shall request that the Commission conduct an in cameru 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 earlicr 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 - Subjcct 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.
PROTEC]'IVE AGREI-]MENl' . 3
(d) Dctcrmination
'fhe 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
idaho Public Records Act (ldaho Corle $ $ 7 4-101 through 7 4-126). 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) Receint Into Dvidencc
Provision is hereby made for receipt into evidence in this proceeding of materials claimed to
be confidential in the lollowing manner:
(1) If the requesting party intends to use Confidential Information or to make
substantive refcrencc to Confidcntial Information supplied to it under this Agreement, it shall give
reasonable prior notice of such intention to the providing party and shall provide copies of thc used
Confidential Information or substantivc 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 uscd Confidential Information or substantive reference to
Confidential Information or substantive reference to Confidential Information described in paragraph
5(aXl) shall be placed in the sealed record.
(3) 'l'hc copy of the documents to be placed in the sealed record shall be tendercd by
counsel for the providing party to the Commission, and shall be maintained in accordance with the
terms of this Protective Agreement.
(b) Seal
Whilc in the custody of the Commission, materials containing Conhdential Information shall
be marked "CONFIDENTIAL - SUBJECT TO ATTORNEY'S CERTIFICATB 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) /fl Carzera Hearing and Transcripts
Any Confidential information that must be orally disclosed at a hearing in the proceedings
shall be offered al 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 refercncc 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 ltecord
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 Agreement, unless such
information is releascd 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) Aooeal
Should an appeal from the proceeding be taken, sealed portions of the record may be
forwardcd to any court of competent jurisdiction for purposes of an appcal, 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 parg as necessary to the record on appeal.
6. Use in Pleadinss
Where references to Confidential Information in the sealcd record or with the custodian is
required in pleadings, briefs, arguments, or motions (except as provided in Paragraph 5), it shallbe
by citation to titlc 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 separate section of the pleading or brief and submitted to the
Commission pursuant to Paragraph 5. This sealed scction shall bc served only on counsel of record
who have signed the nondisclosure agreements set fo(h in Exhibit "A" attached to this Protective
Agreement, and may, in turn, be disclosed by them only to individuals who likewise signed Exhibit
.,A,.
PROTECTIVE AGREEMENT - 5
7. Summarv of Record
If deemed necessary by the Commission, the providing parties shall prepare a written
summary of the Confidential Information referrcd to in Orders to be issued to the public and the
parties.
8. Return or Destruction of Confidential Information
(a) Upon requcst of thc providing party, all original documents and copies of the
Confidential Information shall be: (1) retumed 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 retum or destruction of documents
pursuant to this paragraph, and upon request, a written receipt veriffing return or destruction shall be
provided by counsel.
(b) On a case-by-case basis and upon noti[ication to the utility, the Cornmission Staff
may rctain one copy of thc Confidential Information under seal. Notwithstanding any other
provision in this Agreement, any member of Staff may rcview 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 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 Conf,rdential Information which embody or
reflect any of the Confidential Inlormation provided undcr this Agrecment shall, upon request olthc
providing party, be either retumed to the providing party or, at the option of the rccipient, destroyed.
9. Effective Date
This Protective Agreement shall become effective on the date hereof.
PROTEC'I'IVT,, AGREHMIiN'| . 6
DATED this 191h day of April20l8
IDAHO DEPARTMENT OF ADMINISTRATION
By:
Julie K. Weaver
Deputy Attorney General
Contracts and Administrative Law Division
954 W. Jefferson, 2nd Floor
Boise, Idaho 83720
Attorney Representing the
Idaho Department of Administration
TDAHO POWER COMPANY
By
Ilisa D.'Nordstrom C-
Idaho Power Company
1221 West ldaho Street
Boise, Idaho 83702
Attomey Representing Idaho Power Company
IDAHO PUBLIC UTILITIES COMMISSION STAFF
By:
Karl Klein
Deputy Attorney General
Idaho Public Utilities Commission
472 West Washington
Boise, Idaho 83702
Attorney Representing the
Idaho Public Utilities Commission Staff
PROTECTIVE AGREEMENT - 7
DATED this 19th day of April 2018
By:
IDAHO DEPARTMENT OI' ADMINISTRATION
J
Attorney General
Contracts and Administrative Law Division
954 W. Jefferson,2nd Floor
Boise,ldaho 83720
Attomey Representing the
Idaho Department of Admini stration
IDAHO POWER COMPANY
Lisa . Nordstrom
Idaho Power Company
1221 West Idaho Street
Boise,ldaho 83702
Attomey Representing Idaho Power Company
IDAHO PUBLIC UTILITIES COMMISSION STAFF
By:
Karl Klein
Deputy Attorney General
Idaho Public Utilities Commission
472 West Washington
Boise, Idaho 83702
Attomey Representing the
Idaho Public Utilities Commission Staff
By:
PROTECTIVE AGREEMENT. 7
DATED this l9e day of April2018
IDAHO DEPARTMENT OF ADMINISTRATION
Julie K. Weaver
Deputy Attorney General
Contracts and Administrative [.aw Division
954 W. Jefferson,2nd Floor
Boise,Idaho 83720
Attomey Representing the
Idaho Department of Administration
IDAIIO POWER COMPANY
By:X^-i."/*rt*^-ffi
Idaho Power Company
1221 West ldaho Street
Boise,Idaho 83702
Attorney Representing Idaho Power Company
IDAHO PUBLIC UTILITIES COMMISSION STAFF
By:/r( L
Karl Klein
Deputy Attorney General
Idaho Public Utilities Commission
472West Washington
Boise,Idaho 83702
Attorney Representing the
Idaho Public Utilities Commission Staff
PROTECTTVE AGREEMENT - 7
By:
EXHIBIT "A''
I have reviewed the foregoing Protective Agreement dated April 19,2018, in Case No. GNR-
E- 1 8-01 and agree to be bound by the terms and conditions of such Agreement.
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Business Address
Party
Date
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EXHIBIT "A''
EXHIBIT ..A"
I have reviewed the foregoing Protective Agreanent dated April 19, 2018, in Case No. GNR-
E-I8-01 and agree to be bound by the terms and conditions of such Agreement.
Printed Name
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Employer or Firm
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Business Address
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Party
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Date
EXHIBIT "A''
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EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated April I 9, 201 8, in Case No. GNR-
E-I8-01 and agree to be bound by the terms and conditions of such Agreement.
Signature
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Printed Name
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Employer or Firm
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Business Address
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IParty
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Date
EXHIBIT'"A''
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EXHIBIT "A''
I have reviewed the foregoing Protective Agreement dated April 19,2018, in Case No. GNR-
E-18-01 and agree to be bound by the terms and conditions of such Agreement.
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Business Address
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Date
EXHIBIT "A"
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated April 19, 2018, in Case No. GNR-
E-i8-01 and agree to be bound by the terms and conditions of such Agreement.
Signature
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Employer or Firm
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Business Address
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Party
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Date
EXHIBIT "A"
EXHIBIT "A''
I have reviewed the foregoing Protective Agreement dated April 19, 2018, in Case No. GNR-
E-l8-01 and agree to be bound by the terms and conditions of such Agreement.
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Signature
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Printed Name
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Employer or Firm
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Business Address
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Party
Date
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EXHIBIT "A''
EXHIBIT ..A''
I have reviewed the foregoing Protective Agreement dated April 19, 2018, in Case No. GNR-
E- 1 8-0 i and agree to be bound by the terms and conditions of such Agreement.
Signature
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Printed Name
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Employer or Firm
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Business Address
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Party
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Date
EXHIBIT "A''
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EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this lgth day of April 2018 in
Case No. GNR-E-18-01 and agree to be bound by the terms and conditions of such Agreement.
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CURTIS THADEN
IDAHO PUBLIC UTILITIES COMMISSION
Employer or Firm
472 W. WASHTNGTON STREET. BOISE. IDAHO 83702
Business Address
COMMISSION STAFF
Party
Lt -A3-Aotg
Date
EXHIBIT ..A"
I have reviewed the foregoing Protective Agreement dated this 19th day of April 2018 in
Case No. GNR-E-I8-01 and agree to be bound by the terms and conditions of such Agreement.
0\
RIC KELLER
IDAHO PUBLIC UTILITIES COMMISSION
Employer or Firm
472W. WASHINGTON STREEJ"BOISE. IDAHO 83702
Business Address
COMMISSION STAFF
Partv
+T_r,t?,
Date
\
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this lgth day of April 2018 in
Case No. GNR-E-I8-01 and agree to be bound by terms and conditions of such Agreement
DONN LISH
IDAHO PUBLIC UTILITIES COMMISSION
Employer or Firm
472 W. WASHINGTON STREET. BOISE" IDAHO 83702
Business Address
COMMISSION STAFF
Party
q-2?- ll
Date
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this 19ft day of April 2018 in
Case No. GNR-E-I8-01 and agree to be bound by the terms and conditions of such Agreement.
IDAHO PUBLIC UTILITIES COMMISSION
Employer or Firm
472 W. WASHINGTON STREET. BOISE. IDAHO 83702
Business Address
COMMISSION STAFF
Party
Date
TH
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this lgth day of April 2018 in
Case No. GNR-E-I8-01 and agree to be bound by the terms and conditions of such Agreement.
IDAHO PUBLIC UTILITIES COMMISSION
Employer or Firm
472 W. WASHINGTON STREET. BOISE. IDAHO 83702
Business Address
COMMISSION STAFF
Party
Date