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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, RE C EIVE D :019 HfiY -9 PH lr t+0 ilSilO PUELTC ,i i lLii;IS C0&iMtSSlON 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"