HomeMy WebLinkAbout20190509Protective Agreement.pdfPROTECTIVE AGREEMENT
BETWEEN
IDAHO POWER COMPANY AI{D
IDAHO PUBLIC UTILITIES COMMISSION STAFF
(AND OTHER PARTIE,S AS APPLICABLE)
CASE NO.IPC-E-18.I6
This Protective Agreement is entered into this 24th day of April, 2019, by ldaho Power
Company ("Idaho Power") and the Idaho Public Utilities Commission (Staf|, and other parties as
applicable.
Recitals:
l. WHEREAS, Idaho Power and the Idaho Public Utilities Commission Staff (hereinafter
"Stafl') anticipate that parties to this proceeding may make requests to provide, or make available
for review, certain information, considercd by its custodian to bc of a trade secret, privileged or
confidential nature (as defined in ldaho Code $$ 74-lA7 through 74-1A9 and 48-801).
2. WHEREAS, tdaho Power and thc undersigned parties agree that entering into a
Protective Agreement willcxpedite the production ofdocuments; will afford the necessary protection
to ldaho Power's and the undersigned parties' employees and/or representatives in Case No.
IPC-E-18-16 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 STTPULATED AND AGREED AS FOLLOWS:
I. (a) Confidential Information
All documents, data, information, studies and other materials furnished pursuant to any
requests for information, subpoenas or other modes of discovery (formal or informal), and including
depositions, that are claimed to be of tradc 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 its tradc 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 31.01.01.233,
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PROI'I]CTIVE AGREEMENT - I
(b) Protcction of Confidcntial Information
Access to and review of Confidential Information shall be strictly controlled by the terms of
this Agrcement. Unless otherwise ordered, Confidential Information, including transcripts of
depositions containing information to which a claim of confidentiality is made, shall remain under
seal, shall continuc to be subject to the protective requirements of this Agreement, and shall not be
disclosed to individuals who have not executcd the nondisclosure agreemcnt 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 disclosc the Confidential lnformation
lor 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 kcep the Confidential
Information secure as trade secret, confidential or proprietary information and in accordance with the
purpo.ses and intent of this Agreement.
(d) Pcrsons Entitled to Revierv
Access to Confidential Information shall be limited to counsel of the undersigned parties,
employees, experts. agcnts or representatives of the undcrsigned parties who have exccuted an
Exhibit "A" to this Agreement. Such information will be clearly marked and protected from
unauthorized public disclosurc.
(e) Non-disclosure Asrecment
Confidential lnformation shall not be disclosed to any person who has not signed a non-
disclosure agreemcnt on this form, which is attached hereto as Exhibit "A" and incorporated herein.
'l'he 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 tcrms. Thc Agreement shall contain the
signatory's full name, permanent address and ernployer. Such agreement shall be dclivered to
counsel for the providing party, belore disclosure is made.
2. Cooies
No copies or transcriptions of thc Confidential Information shall be made by the recipicnt
except as necessary to makc the information available to individuals who have executed an lixhibit
"A" to this Protective Agreement.
PRO'I'F.]C'I'IVE AGREEMENT' - 2
3. Non-waiver of Obicction 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 procccdings before this Cornmission.
4. Challcnec to Confidentialitv
(a) Initial Ch?llense
This Protective Agreement establishcs a procedure for the expeditious handling of
information that a party claims is oonfidential. Any party may challenge the characterization of any
information, document, data or study claimed by the providing party to be a trade secret, proprictary
or confidential information. A party seeking to challenge the confidentiality of any information shall
first contact counscl for the providing party and attcmpt to resolve any difference by stipulation.
Resolution may include rcmoving the confidential classifications, creating a non-confidential
summary, reformatting the information, etc.
(b) Subsequent Challenec
In the event that the partics cannot agree as to the character of thc information challenged,
any party challenging the confidentiality may petition the Commission to rule upon the disputed
information. The Petition shall bc served upon the Commission and allparties 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 thc challenging party.
(c) Challcnsc l{carins
The challenging party shall rcquest that the Commission conduct an in canrcra 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 catnera hcaring shall be maTked "CONFIDENTIAL - Subject to Protective Agreement."
To the extent nccessary, the transcript of such hcaring shall be separately bound, segregated, sealed,
and withhcld from public inspection by any person not bound by the terms of this Agrecmcnt.
PROTECTIVE AGREEMENT - 3
(d) Detcrmination
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
IdahoPublicRecords Lct(IdahoCode $$74-1U throughT4-126).lfinformationisfoundtobenot
cxempt from disclosure, no party shall disclosc 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 enablcs the rcstrictions of this Agreement from
material claimed to be confidential. Such relicf may be sought from the Commission or a court of
competent j urisdiction.
5. (a) Ileceirrt lnto Evidcncc
Provision is hereby madc for rcceipt into evidence in this proceeding of materials claimed to
be confidential in the following manner:
(1) If the requesting party intends to use Confidential Information 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 shall provide copies ofthe used
Confidential lnformation or substantive reference to Confidcntial Inflormation only to the providing
party, and such other parties, if any, who have executed an Exhibit "A" to this Protective Agreement.
(2) One (1) copy of the used Confidential lnformation or substantive reference to
Confidential Information or substantive refercnce to Confidential lnformation described in paragraph
5(a)(1) shalI be placed in the sealed record.
(3) The copy of the documents to be placed in the scaled record shall be tcndered by
counsel for thc providing party to the Commission, and shall be maintained in accordance with the
terms of this Protective Agreemcnt.
(b) Seal
While in the custody of the Commission, materials containing Confidential Information shall
be marked "CONFIDENTIAL - STJBJECT TO ATTORNEY'S CERTIFICATB OF
CONFIDENTIALITY" and shall not be examined by any person except under the conditions set
forth in this Agreement, if applicablc.
PRO'|ECTIVE AGREEMENT - 4
(c) Ill Carlera Hearinq and 'I'ranscrints
Any Confidential Information that must be orally disclosed at a hearing in the proceedings
shall be offered at an in cqmerct 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
lnformation) shall be marked and treatcd as provided herein for Confidential Information.
(d) Acccss 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 Agrccment, unless such
information is released from the restrictions of this Agreement either through agreemcnt of the
partics or after notice to the parties and hearing, pursuant to the order of the Commission and/or the
final order of a court having final jurisdiction.
(e) Appeal
Should an appeal from the proceeding be takcn, sealed portions of the record may bc
forwarded to any court of competent jurisdiction for purposes of an appeal, but under seal as
designated herein lbr 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 providin gparty 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 Plcadines
Where references to Confidential Information in the sealed record or with the custodian is
required in pleadings, briefs, argumcnts, or motions (except as provided in Paragraph 5), it shall be
by citation to title or exhibit numbcr or some other description that will not disclose the substantive
Confidcntial Information containcd therein. Any use of or substantive rsferences 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 discloscd by them only to individuals who likewise signed Exhibit
,,Ar..
PRO'|ECTIVE AGREIlMENT - 5
7. Summary of Record
lf deemed necessary by the Commission, the providing parlies shall prepare a written
summary of the Confidential lnformation 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 Infomration shall be: ( I ) returned to the providing party; or (2) or at the option of the
recipicnt 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 verifuing return or destruction shall be
provided by counsel.
(b) On a case-by-case basis and upon notihcation to the utility, the Commission Staff
may retain one copy of thc Confidential lnformation under seal. Notwithstanding any other
provision in this Agreement, any member of Staff may revicw and use that copy ofthe Confidential
Information outside this proceeding while performing his or her duties as a Staff member. Staffls
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
rcflect any of the Confidential Information providcd under this Agreement shall, upon request of the
providing party, be either rcturned to the providing party or, at the option of the recipient, destroyed.
9, Effective Date
This Protective Agreement shall becomc eflective on the date hereof.
PRO'IECTIVE AGREEMENT - 6
DATED this 24th day of April20l9.
IDAHO POWER COMPANY
By:
Lisa D. Nordstrom
Idaho Power
l22l West Idaho Street
Boise,ldaho 83702
Attorney Representing ldaho Power Company
IDAHO PUBLIC UTILITIES COMMISSION STAFF
By:
Edward
Deputy
Idaho Public Utilities Commission
472 W est Washington Street
Boise, Idaho 83702
Attomey Representing the
Idaho Public Utilities Commission Staff
General
PROTECTIVE AGREEMENT . 7
DATED this _ day of Aprilz}lg
IDATIYDRO
By
C. Tom Arkoosh
Attomey Representing ldahydro
PROTECTIVE ACREEMENT - 8
../.
DA'I'ED this 'i/ )
l;''
day of April 2019
IDAHO CONSERVATION LEAGUE
NlY ENERGY COALITION
By:
Benjamin J. Otto
Attorney Representing Idaho Conservation League and NW
Encrgy Coalition
PRO ECTIVE ACREI'i\,IEN1' - 9
DAI'ED this Lblhday of April 2019
IDAHO
Ilv:
PtJ MPI,I,RS ASSOCIATION, INC.
[,. Olscn
Attorney Represcnting the Idaho Irigation Pumpers
Association, Inc.
PI(O'I'IiC]l'IVIi AC REI]M[]NT . I O
)2^
DATED this29' day oiApril 2019.
VOTE SOLAR
By
David Bcndcr
Attomcy Represcnting Votc Solar
PROI'ECTIVI] AGRF,HMENT - 1I
DATED this _ day of April 2019.
CITY OF BOISE CITY
Abigail R. Germaine
Boisc City Attomey Representing the City of Boise
By:
PROTDC]'IVE ACRIIMENT . I2
DATED tnis &l dayofApril20lg
IDAIIO CLEAN EI\,IERGY ASSOCI ATION
By:r
Prcston N. Carter
Attomcy Representing Idaho Clean lincrgy Association
PROTECTIVE AGRF]EMENT - I3
DATED 1r1r 3oth day of April2}lg
SIERRA CLUB
Yl[1&r l"'ua
By
Kelsey Jae Nunez
Attorney Representing Sierra CIub
EXHIBIT *A"
DATED this _ day of April 2019.
AVISTA CORPORATION
By:
David J. Meyer
Attomey Representing Avista Corporation
L,X}-IIBIT "A"
DATED this _ day of April2}lg.
PACIFICORP d/b/a Rocky Mountain Power
By:
Yvonne R. Hogle
Attorney Representing PacifiCorp d/b/a Rocky Mountain
Power
EXHIBIT "A''
EXHIBIT "A''
I have reviewed the foregoing Protective Agreement dated April 24h,2019, in Case No. IPC-E-18-16
and agree to be bound by the terms and conditions of such Agreement.
Public Utilities Commission
Employer or Firm
472 W . Washington Street, Boise, ID 83702
Business Address
Commission Staff
Party
g
Date
EXHIBIT "A''
EXHIBIT ..A"
I have reviewed the foregoing Protective Agreement dated April 24th,2019, in Case No. IPC-E-18-16
and agree to be bound by the terms and conditions of such Agreement.
Stacey
Public Utilities Commission
Employer or Firm
472 W. Washinston Street. Boise. lD 83702
Business Address
Commission Staff
Party
L{)-o
Date
EXHIBIT "A"
EXHIBIT "A''
I have reviewed the foregoing Protective Agreement dated April 24th,2019, in Case No. IPC-E-18-16
and agree to be bound by the terms and conditions of such Agreement.
vis Culbertson
Public Utilities Commission
Employer or Firm
472W. Washington Street, Borse. ID 83702
Business Address
Commission Staff
Party
Date
5
EXHIBIT "A"
<__
EXHIBIT 6'4''
I have reviewed the foregoing Protective Agreement dated April 24rh,2019, in Case No. IPC-E-18-16
and agree to be bound by the terms and conditions of such Agreement.
4// Ul
Michael Eldred
Public Utilities Commission
Employer or Firm
472 W. Washinston Street. Boise. lD 83702
Business Address
Commission Staff
Party
L
EXHIBIT "A"
EXHIBIT ..A''
I have reviewed the foregoing Protective Agreement dated April 24rh,2019, in Case No. IPC-E-18-16
and agree to be bound by the terms and conditions of such Agreement.
Joseph Terry
Public Utilities Commission
Employer or Firm
472 W . Washinston Street, Boise, lD 83702
Business Address
Commission Staff
Party
EXHIBIT "A"
I
EXHIBIT *A"
I have reviewed the foregoing Protective Agreement dated April 24th,2019, in Case No. IPC-E-I8-16
and agree to be bound by the terms and conditions of such
Public Utilities Commission
Employer or Firm
472W. Washinston Street. Boise. ID 83702
Business Address
Commission Staff
Party
Date
EXHIBIT "A''
EXHIBIT ..A"
I have reviewed the foregoing Protective Agreement dated April 24t',2019, in Case No. IPC-E-I8-16
and agree to be bound by the terms and conditions of such Agreement.
Public Utilities Commission
Employer or Firm
4T2W.Nashington Street. Boise. ID 83702
Business Address
Commission Staff
Party
4 k Zd t1
Date
EXHIBIT "A''
EXHIBIT ..A"
I have reviewed the foregoing Protective Agreement dated April 24th,2019, in Case No. IPC-E-18-16
and agree to be bound by the terms and conditions of such Agreement.
Iverson-
Public Utilities Commission
Employer or Firm
472 W. Washington Street, Boise, ID 331W
Business Address
Commission Staff
I L {
Date
Party
I
EXHIBIT "A"
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated April 24h,2019, in Case No. IPC-E-18-16
and agree to be bound by the terms and Agreement.
Donn
Public Utilities Commission
Employer or Firm
472 W. Wasldngton Street, Boise, lD 83702
Business Address
Commission Staff
Party
//.-f" - ry
Date
EXHIBIT "A"
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated April 24s. 2019, in Case No.
IPC-E- I 8- 1 6 and agree to be bound by the terms and conditions of such Agreement.
Mario A. Luna ,6r-rt/X
Name
Earthjustice
Employer or Firm
1625 Massachusetts Avenue, NW, Suite 702
Washington,DC 20036
Business Address
Vote Solar
Party
slyt9
Date
EXHIBIT'A"
EXHIBIT *A"
I have reviewed the foregoing Protective Agreement dated April 24fr 2019, in Case No
IPC-E- I 8- 1 6 and agree to be bound by the terms and conditions of such Agreement.
Nicolas Thorpe
Name
Earthjustice
Employer or Firm
1625 Massachusetts Avenue, NW, Suite 702
Washington,DC 20036
Business Address
Vote Solar
slUt9
Date
Party
EXHIBIT "A''
EXHIBIT "A'
I have reviewed the foregoing Protective Agreement dated April 24th 2019, in Case No
IPC-E-I8-16 and agee to be bound by the terms and conditions of such Agreement.
Briana Kobor
Name
Vote Solar
Employer or Firm
358 S 700 E, Suite 8206, Salt Lake City, UT84105
Business Address
Vote Solar
Party
4126l19
Date
EXHIBIT"A''
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated April 24*^ 2019, in Case No.
IPC-E-18-16 and a$ee to be bound by the terms and conditions of such Agreement.
Name
or Firm
/ 2 7 o O il,"(, d-"<- # I "tu-t*
O# //4to7
Business Address
-Tf Pfr
Party
edt7
EXHIBIT "A"
k
EXHIBIT "A'
I have reviewed the foregoing Protective Agreement dated April 24th 2019, in Case No
IPC-E-18-16 and agree to be bound by the terms and conditions of such Agreement.
,.ho"l He"klt
Name
,)
S*n 0,"b
Employer or Firm
itl il fr*ll; e," P filn
Business Address
f,r*, 0*
Party
I 1,1,, tf
Date
EXHIBIT"A"
EXHIBIT "A'
I have reviewed the foregoing Protective Agreement dated April 24*. 2019, in Case No.
IPC-E-I8-16 and agree to be bound by the terms and conditions of such Agreement.
h/ba* (ZooK Woler-on)
ame
5 t"rro Cl"L
Employer or Firm
501 W fronKln 5+ bta<ID ffi7o7
Business Address
5rcwo CtuL
Party
Z fti^g Qglf
Date
EXHIBIT "A"