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
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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"