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HomeMy WebLinkAbout20190227Protective Agreement.pdfi;ilCfi',/ED PROTECTIVE AGREEMENT BETWEEITI IDAHO POWER COMPANY AND IDAHO PUBLIC UTILITIES COMMISSION STAFF (AND OTHER PARTIES AS APPLICABLE) CASE NO.IPC.E.19-02 - . . I 17 lrii lr: lr: "ll'-'-1..i,11417..,I ''-jriflt This Protective Agreement is entered into this 6th day of February, 2019, by Idaho Power Company ("ldaho Power") and the Idaho Public Utilities Commission (Staff), and other parties as applicable. Recitals: 1. WHEREAS,ldaho Power and the Idaho Public Utilities Commission Staff (hereinafter "Staff') anticipate that partics to this proceeding may make requests to provide, or make available for review, certain information, considered by its custodian to be of a trade secret, privileged or confidential nature (as defined in ldaho Code $$ 74-107 through 74-rc9 and 48-801). 2. WHEREAS, Idaho Power and the undersigned partics agree that entering into a Protective Agrecment will expedite the production of documents; will alford the necessary protection to Idaho Power's and the undersigned parties' employees and/or representatives in Case No. IPC-E- l9-02 who might review the information and subsequently be requestcd to reveal its contents by setting forth clear cut parameters for use of Confidential Infomration, and will protect Confidential Information rvhich might be provided during the course of the procecdings, now therefore, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS: l. (r)Confi dcntial Information All documents, data, information, studies and other materials furnished pursuant to any requests for information, subpoenas or other modcs of discovery (formal or informal), and including depositions, that are claimed to be of trade secret, proprietary or confidential nature (herein referred 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 trade 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 lcgal authority to support the claim. IDAPA 31.01.01.233. PRO'I'ECT'IVE AGREEMEN - I (b) Protcction of Confidential Information Access to and review of Confidential Information shall be strictly controlled by the terms of this Agrccment. 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 executed the nondisclosure agreement set lorth in Exhibit "A." (c) Usc of Confidential Inforrnation All persons who may be entitled to review, or who are afforded access to any Confidential lnformation by reason of this Agreement shall neither usc nor disclose the Confidential Information for purposes of busincss or competition, or any purpose other than the purpose ofpreparation for and conduct of the proceedings, and then solely as contemplated herein, and shall keep the Confidential Information secure as trade sccrst, confidcntial or proprietary information and in accordance with the purposes and intent of this Agreement. (d) Persons E,ntitled to Reviqv Access to Confidential Information shall be limited to counsel of the undersigned parties, employees, expcrts, agents or reprcscntatives of thc undersigned parties lvho have executed an Irxhibit "A" to this Agreement. Such information will be clearly marked and protected from unauthorized public disclosure. (e) Non-disclosurc Agrccment Confidential Infonnation shall not bc disclosed to any pcrson who has not signed a non- disclosure agrccmcnt on this form, which is attached hereto as Exhibit o'A" and incorporated herein. l'hc non-disclosurc agreement or Exhibit "A" shall require thc person to whom disclosure is to be made to read a copy of this Protective Agreement and to certily 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 counsel for the providing pa(y, beforc disclosure is made. 2. Copies No copies or transcriptions of the Confidential Information shall be made by the rccipient except as necessary to make the information available to individuals who have executed an Exhibit "A" to this Protective Agreement. PROTECTIVE AGREEMENT . 2 3. Non-rvaivcr of Obiection to Admissihilitr' Thc furnishing of any document, information, data, study or othcr 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 proceedings before this Commission. 4. Challense to Confidentialitv (a) InitialChallenee T'his Protective Agreement establishes a procedure for the expeditious handling of information that a party claims is confidential. Any party may challenge the charasterization of any information, document, data or study claimed by the providing party to be a trade secret, propriel.ary or confidential information. A party seeking to challenge the confidentiality of any information shall first contact counsel for the providing party and attcmpt to resolve any difference by stipulation. Resolution may include removing thc confidential classifications, creating a non-confidential summary, reformatting the information, etc. (b) Subsequent 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. 'fhe Petition shall be served upon the Commission and all partics 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 the challenging party. (c) Challcnee Hcarins The challenging party shall request that the Commission conduct an in cumcru proceeding where only those persons duly authorized to have access to such challenged matcrials under this Protective Agreement shall be present. 'l'his hearing shall be commenced no earlicr than five (5) business days after serving thc Pctition on the providing parly and the Commission. T'he record of the in canrcra hearing shall be maTked "CONFIDENTIAL - Subject to Protective Agrcement." To the extcnt necessary, the transcript of such hearing shall be separately bound, segregated, sealed, and withheld from public inspection by any person not bound by the terms of this Agreement. PROTECTIVE AGREEMENT - ] (d) Dctcrmination 1'he 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 IdahoPublicRccords Act(ldahoCbde$$74-1U throughT4-126).Ifinformationisfoundtobenot excmpt from disclosure, no party shall disclose such challenged material or use it in the public record, or otherwise outside the proccedings for at least five (5) business days unless the providing pafty consents to such conduct. This procedure enables the restrictions of this Agreement from material claimed to be confidential. Such relicf may bc sought from the Commission or a court of competent j urisdiction. 5. (a) Iteceint Into Evidcnce Provision is hereby made for rcceipt into evidence in this proceeding of materials claimed to be confidential in the following manner: (1) lf the requesting party intends to use Confidential Information or to make substantive relerence to Confidential Information supplied to it under this Agreement, it shall givc reasonable prior notice of such intention to the providing party and shall provide copies of the used Confidential 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 Protcctive Agreement. (2) One (1) copy of the used Confidential lnformation or substantive reference to Confidential Information or substantivc reflerence to Confidential Information describcd 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 Protectivc Agreement. (b) Seal Whilc in the custody of the Commission, matcrials containing Conl.rdential Information shall bc marked "CONFIDENTIAL - SUBJECT TO ATTORNEY'S CERTIFICATE OF CONFIDENTIALITY" and shall not bc examined by any person cxcept under the conditions set lorth in this Agreement, if applicable. PROTICTIVE AGREEMENT - 4 (c) /ll Carlera Hearins and Tr*nscrints Any Confidential Information that must be orally disclosed at a hearing in the proceedings shall bc offered at an in camera hearing, attended only by persons authorizcd to have access to the information under this Protcctive Agreement. Similarly, any hanscription of any cxamination or other reference to Confidential Information (or that portion of the record containing Confidential Information) shall be marked and treated as provided herein for Confidential Information. (d) Acccss to Rccord Access to sealed testimony, records, and information shall be limited to the Commission and persons who havc signed an Dxhibit "A" as provided in this Protcctive Agrcement, un'less such information is rcleased fiom 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 final jurisdiction. (e) Aopeal Should an appeal from the proceeding be taken, sealed portions of the record may be forwarded to any court of competent jurisdiction for purposcs of an appeal, but under seal as designated herein for the information and use of the court. If a portion ofthe record is forwarded to a court under seal lor the purposes of an appeal, the providing party shall be notiflred which portion of the sealed record has been designated by the appcaling party as necessary to thc rccord on appeal. 6. LJse in Pleadines Where references to Confidential Information in the sealed record or with thc custodian is required in pleadings, bricfs, arguments, or motions (except as provided in Paragraph 5), it shall be by citation to title or cxhibit number or some other description that ''vill not disclose thc 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 subrnitted to the Commission pursuant to Paragraph 5. This sealed section shall be served only on counsel of record who have signed the nondisclosure agrcemcnts set forth in Ilxhibit "A" attached to this Protective Agreement, and may, in tum, be disclosed by them only to individuals who likewise signed Exhibit *Arr. PROTECTIVE AGREEMEN'I' - 5 7. Sumnran' of Record If deemed necessary by the Commission, the providing parties shall preparc a written summary of thc Confidential Information 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 Conhdential Information shall be: (1) returned to the providing party; or (2) or at the option of the recipient destroyed within thirty (30) days after the hnal settlement or conclusion ofthe proceedings, including administrative or judicial review thereof. After rctum or destruction of documents pursuant to this paragraph, and upon rcquest, a written receipt veriffing return or destruction shall be provided by counsel. (b) On a case-by-case basis and upon notification to the utility, the Commission Staff may retain one copy of the Confidential Information under seal. Notwithstanding any other provision in this Agreement, any member of Staff may rcview and use that copy ofthe Confidential Information outsidc this proceeding r.vhile performing his or her dutics as a Staff mcmber. Staff s use and disclosure of the Confidential lnlormation in a later.Commission proceeding shall be subject to any protcctive agrcement signed in the proceeding. (c) Any notes maintained by a recipient of Confidential Information which embody or reflect any of thc Confidcntial lnformation provided under this Agreement shall, upon request of the providing party, be either retumed to the providing party or, at thc option of the recipient, destroyed. 9. Effective Date l'his l'rotective Agreement shall become effective on the date hereof. PROTTJCTIVE AGREIJMENT - 6 DATED this 6th day of February 2019 IDAHO POWER COMPANY By: Lisa D. Nordstrom Idaho Power Company l22l West Idaho Street Boise, Idaho 83702 Attorney Representing Idaho Power Company IDAHO PUBLIC UTILITIES COMMISSION STAFF By: Karl T. Klein Deputy Attorney General Idaho Public Utilities Commission 472 W est Washington Street Boise,Idaho 83702 Attorney Representing the Idaho Public Utilities Commission Staff PROTECTIVE AGREEMENT - 7 DATED this 6th day of February 2019. IDAHO POWER COMPANY By Lisa D. Nordstrom Idaho Power Company 1221 West Idaho Street Boise, Idaho 83702 Attorney Representing ldaho Power Company TDAHO PUBT,IC UTILITIES COMMISSION STAFF By: Karl T. Klein Deputy Attorney General Idaho Public Utilities Commission 472 West Washington Street Boise, Idaho 83702 Attomey Representing the Idaho Public Utilities Commission Staff PROTECTIVE AGREEMENT . 7 ,7 DATED this b day of Febru ary,2019 INTDUSTRIAL CUSTOMERS OF IDAHO POWER By:),fu Peter J. Richardson Attorney Representing the Industrial Customers of [daho Power PROTECTIVE AGREEMENT - 8 EXHIBIT "A" I have reviewed the foregoing Protective Agreement dated February 6,2019, in Case No IPC-E-19-02 and agree to be bound by the conditions of such Agreement. MP.i"tdN"-. f?icharrclson ?ct-u Employer or Firm 5t5 AJ- 7'r$.Bl(+ -Eour lD 8fi02_ Business Address lnd oP ldt"J"^ (ow- Party 2 Aot6 Date EXHIBIT "A" EXHIBIT "A" I have reviewed the foregoing Protective Agreement dated February 6,2019, in Case No. IPC-E-19-02 and agree to be bound by the terms and conditions of such Agreement, Signature -D sn'?ro? (r{ + Printed Name 6r*Glr,,us*^ ./Lsso, Employer or Firm 6 o 7o $,rr?1.Bo TDs ?o= Business Addrcss Party czcrd 216/xot 7 Date EXHIBIT "A'' EXHIB[T "A'' I have reviewed the foregoing Protective Agreement dated February 6,2019, in Case No IPC-E-19-02 and agree to be bound by the terms and conditions of such Agreement. Signature Vor,'ai ttja t+e,r Printed Name 'l?lcturds rn,Pcu- Employer or Firm 5lS f$. 21+\ J+[<-e-+ 3oi*t ,D Sltor- Business Address lwdpsw,"Q Ufttu'"*,6F (doJ^ fur*,- Party z-L-ut Date EXHIBIT "A'' EXHIBIT *A" I have reviewed the foregoing Protective Agreement dated February 6,2019, in Case No. IPC-E-19-02 and agree to be bound by the terms and conditions of such Agreement. Kathy S Idaho Public Utilities Commission Employer or Firm 472 W. Washing(on Street. Boise. ID 83702-5918 Business Address Commission Staff Party la 24 Date EXHIBIT "A" EXHIBIT'OA" I have reviewed the foregoing Protective Agreement dated February 6,2019, in Case No. IPC-E-19-02 and agree to be bound by the terms and conditions of such Agreement. 'l Crr Keller Idaho Public Utilities Commission Employer or Firm 472W. Washineton Street. Boise. Business Address Commission Staff Party L q Date EXHiBIT "A" I have reviewed the foregoing Protective Agreement dated February 6,2019, in Case No. IPC-E-19-02 and agree to be bound by the terms and conditions of such Agreement. Idaho Public Utilities Employer or Firm 41?W. Washiugton Street. Boise. ID 83702-5918 Business Address Commission Staff Party Date EXHIBIT "A" EXHIBIT ..A'' EXHIBIT ..A" I have reviewed the foregoing Protective Agreement dated February 6,2079, in Case No. IPC-E-19-02 and agree to be bound by the terms and conditions of such Agreement. Mike Louis Idaho Public Utilities SSlON Employer or Firm 472 W . Washinston Boise. ID 83702-5918 Business Address Commission Staff Party Date EXHIBIT "A"