20190228Protective Agreement.pdf

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PROTECTIVE AGREEMENT
BETWEEN
IDAHO POWER COMPANY AND
IDAHO PUBLIC UTILITIES COMMISSION STAFF
(AND OTHER PARTIES AS APPLICABLE)
cAsE NO. TPC-E-I9-06
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This Protective Agreement is entered into this l2th day of February,20l9, by ldaho Power
Company ("ldaho Power") and the Idaho Public Utilities Commission (Staff), and other pa(ies as
applicable.
Recitnls:
l. WHER-EAS, Idaho Power and the ldaho Public Utilitics Commission Staff (hereinafter
"Staff') anticipate that parties 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 dcfined in ldaha Coda $$ 74-107 through 74-109 and a8-801).
2. WHEREAS, Idaho Power and the undersigned parties agree that entering into a
Protective Agreement will expedite the production of documents; will afford the necessary protection
to ldaho Power's and the undersigned parties' employees and/or representativcs in Case No.
IPC-E- l9-06 who might review the infarmation 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 Hf,Rf,BY STIPULATED AND AGREED AS FOLLOWS:
l, (a) Confidcntial Informstion
All documents, data, inlbrmation, studies and other materials fumished pursuant to any
requests for information, subpoenas or other modes of discovery (lormalor informal), and including
depositions, that are claimed to be oltrade secret, proprietary or confidential nature (herein referred
to as "Confidential Information") shall be so marked by the pa(y orentity providing the information
by stamping the same with a designation indicating its trade secret, proprietary or confidential narure
and printed on "yellod' paper. IDAPA 31.01.01.067. Any claim of confidentiality must be
accompanied by an attomey'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.
PROTTCTIVE AGREEMENT . I
(b) Protcction of Confidential Information
Access to and review of Confidential Information shall be strictly controlled by the terms of
this Agreement. Unless otherwise ordered, Confidential Information, including transcripts of
depositions containing information to which a clairn of conlidentiality is made, shall remain under
seal, shall continue 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 forth in Exhibit "A."
(c) Usc of Confid!:Jrtitl Information
All persons who may be entitled to review, or who are afforded access to any Confidential
lnformation by reason ofthis Agreement shall neither use nor disclose the Confidential Information
for purposcs of business or competition, orany purpose other than the purpose ofpreparation fbrand
conduct of the proceedings, and then solely as contemplated herein, and shall keep the Confidential
Information secure as trade secret, confidential or proprietary information and in accordance with the
purposes and intent of lhis Agreement,
(d) Pcrsons Entitlcd to Rcvicw
Access to Confidential Information shall be limited to counsel of the undersigned parties,
employees, experts, agents or representatives of the undersigned parties who havc cxecuted an
Exhibit "A" to this Agreement. Such infomration will be clearly marked and protected from
unauthorized public disclosure.
(e) Non-disclosurc Agrccment
Confidential lnformation shall not bc disclosed to any person who has not signed a non-
disclosure agreement on thi$ form, which is attachcd hereto as Exhibit "A" and incorporated herein.
The 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 terms. The Agreement shall contain the
signatory's full name, permanent 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 Confidential Information shall be made by the recipient
except as necessary to make the information availablc to individuals who have executed an Exhibit
"A" to this Protective Agreement.
PRO'I'DC'I'IVE AGRSEMENT - 2
3. Non-waiver of Obiection to Admissibility
The fumishing 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 proceedings before this Commission.
4. Challense to Confidentiality
(a) Initial Challenee
This Protective Agreement establishes a procedure lor 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 information shall
first contact counsel for the providing party and atlempt to resolve any difference by stipulation.
Resolution may include removing the confidential classifications, creating a non-confidential
summary, reformatting the information, etc.
(b) Subsequgnt Challensc
In the event that the parties cannot agree ,rs to the character of the inlormation challenged,
any party challenging the confidentiality may petition the Commission to rule upon the disputed
information. The Petition shall be served upon the Cornmission 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 matcrial challenged and state the grounds upon which the subject
material are deemed to be non-confidential by the challenging party.
(e) Challcnge Hearins
The challe nging party shall request that the Commission conduct an in camera 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 aftcr serving the Petition on the providing party and the Commission. Thc record of
the in camera hcaring shall be marked 'CONFIDf,NTIAL - Subject to Protective Agreemcnt."
To the extent necessary, the transcript of such hearing shall be separately bound, segregated, sealed,
and withheld ltom public inspection by any person not bound by the terms of this Agreernent.
PROTECTIVE ACREEMENT . 3
(d) Determination
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
Idaho Public Records Act(ldaho Cbde $g 74-101 through 74-126). If information is found to be nol
exempt from disclosure, no party shall disclose such challenged matcrial or use it in the public
record, or otherwise outside the proceedings for at least five (5) business days unless the providing
pa(y consents to such conduct. This procedure enables the restrictions of this Agreement from
material claimed to be confidential. Such relief may be sought from thc Cornmission or a court of
competent j urisdiction.
5. (a) Reccipt lnto Evidcnee
Provision is hereby made for receipt into evidence in this proceeding of materials claimed to
be confidential in the following mannerl
(l) If the requesting party intends to use Confidential Information or to makc
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 of the used
Confidential lnlormation or substantive refcrence to Confidential lnformation only to the providing
party, and such other parties, ifany, who have executed an Exhibit "A" to this Protective Agreement.
(2) One (l) copy of the used Confidential lnformation or substantive relerence to
Confidential Infurmation or substantive reference to Confidential lnformation described in paragraph
s(aXl ) 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 thc Commission, and shall be maintained in accordance with the
terms of this Protective Agreement.
(b) Seal
While in the custody ofthe Commission, materials containing Confidential Inlbrmation shall
be marked 'CONFIDENTIAL - SUBJECT TO ATTORNEY'S CERTIFICATE OF
CONFIDENTIALITY" and shall not be exarnined by any person except under the conditions set
forth in this Agreement, if applicable.
PROTEC IVE ACRI'EMHN I .4
(c) In Cqfiero Hearins and Trnnscripts
Any Confidential Informatian that must be orally disclosed at a hearing in the proceedings
shall be offered atan 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 relbrence to Confidential Information (or that portion of the record containing Confidential
Information) shall be marked and treated as provided herein for Confidential Inforrnation.
(d) Acccss to Record
Access to sealed testimony, records, and infbrmation shall be Iimited to the Commission and
persons who have signed an Exhibit '5A" as provided in this Protective Agreement, unless such
information is released frorn thc 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) Appeal
Should an appeal from the proceeding be taken, sealed portions of the record may be
lorwarded to any court of competent jurisdiction for purposes of an appeal, but under seal as
designated herein for thc inlormation and use ofthe court. Ifa portion of the record is forwardcd to a
court under seal lor the purposes of an appeal, the providing party 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 Pleadines
Where relerenccs 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 shalI be
by citation to title or exhibit number or some other description that will not disclose the substantive
Confidential Information contained therein. Any use olor 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 section shall be served only on counsel of rccord
rvho have signed the nondisclosure agreements set forth in Exhibit "A" attached to this Protective
Agreement, and mayo in turn, be disclosed by them only to individuals who likewise signed Exhibit
,.A,.
PROTECTIVE AGREEMENT . 5
7. Summarv of Rceord
lf deemed necessary by thc Commission, the providing parties shall prepare a written
summary of the Confidential Infbrmation referred to in Orders to be issued to the public and the
parties.
8. Rcturn or Dcstruction of e o.nlidcntial Information
(a) Upon request of the providing party, all original documents and copies of the
Confidential Information shall be: (l ) 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 lhe proceedings,
including administrative or judicial review thereof. After retum or destruction of documents
pursuant to this paragraph, and upon rcquest, a written receipt veri$ing retum or dcstruction 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 thc Confidcntial Information under seal. Notwithstanding any other
provision in this Agreement, any member of Staffmay review and use that copy of the Confidentiai
Information outside this proceeding while performing his or hcr dutics as a Staffmember. Staff s
use and disclosure of the Confidential lnformation in a later Commission proceeding shall be subject
to any protective agreement signed in the proceeding.
(c) Any notes maintaincd by a recipient of Confidential lnformation which embody or
reflect any of the Confidcntial Information provided under this Agreement shall, upon request of the
providing party, be either retumed to the providing party or, at the option olthe recipient, destroyed.
9. Effcctivc Datc
'fhis Proteclive Agreement shall beccme effective on the date hereof.
il
PROTEC'TI VE ACREEM ENl" 6
DATED this l2th day of February 2019.
IDAHO POWER COMPANY
By:
Idaho Power Company
l22l West Idaho Street
Boise,ldaho 83702
Attorney Representing tdaho Power Company
IDAHO PUBLIC UTILITIES COMMISSION STAFF
By:z
Deputy Attorney
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83702
Attorney Representing the
Idaho Public Utilities Commission Staff
PROTECTIVE AGREEMENI' . 7
DArED tr,ir 25Io uy or fu b zorv.
INDUSTRIAL CUSTOMERS OF IDAHO POWER
By:Vfi)M
Peter J. Richardson
Attorney Representing the Industrial Customers of ldaho
Power
PROTECTIVE ACREEMET.IT - II
DAIED ,r',irAt/any or Fr/r,tq.r zort' ----a
I DATIO CONSEITVATIO]\ I,IiA(; I-II;]
Bcniarnin J. 0tto
Attorr-rcy ltcprescnting the Iclaho Conservation l,cague
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EXI{TBIT (A''
I have reviewed the foregoing Protective Agreement dated February 12,2019, in Case No
IPC-E- l9-06 and agree to be bound by the terms and conditir:ns of such Agreement.
Prrt"0M
Signature
(rfr, -T. R'' . t*o r ls cn
Printed Name
ftt ,kqr ls c^tvn /Lr c
Employer or F'irm
Business Address
7c (r)
Party
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Date
EXI{lBil'"4"
EXIIIBIT '(A'
I have reviewed the foregoing Agreement dated February 12,2019, in Case No
IPC-E-19-06 and agree to be bound by of such Agreement.
Grcq *darns
Prinie,du.""
?ictnardso" ffia.tw Pctx-
Bmployer or F.irm
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Business Address
lhd,tnc+ri^i C//rlo^{d o4 ldald Ywqr
Party
z4* -Lot1
Date
EXIIIBI I'"A''
EXIIIBIT $A''
I havs reviewed the foregoing Protective Agreement dated February 12,2019, in Case No
IPC-E-19-06 and agree to be bound by the terms and conditions of such Agreement.
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Kand,' UAaHer'
Printed Name
Krhardso, frda,w ?uq*
Ernployer or F'irm
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Business Address
^d$t+r1at)
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Party
\-ht
Date
EXI-{tBt't''A"
EXIIIBIT '3AI'
I have reviewed the foregoing Protective Agreement dated February 12,2019, in Case No.
IPC-E-19-06 and agree to be bound by the terms and conditions o Agreernent.-h *u
Signanrre
Po ^, RrtvrNdi'
Printed Name
Employer or Firm
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BusinEss Address
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Date
EXHIBIT*A"
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated February 12,2019, in Case
No. IPC-E-19-06 and agree to be bound by the terms and conditions of such Agreement.
Long
Idaho Public Utilities on
Employer or Firm
472 W. Washineton Street. Boise" ID 83702-5918
Business Address
Commission Staff
Party
Date
;t
EXLIIBIT "A"
EXHIBTT ..A"
I have reviewed the foregoing Protective Agreanent dated Febnrary 12,2019, in Case
No. IPC-E-I9-06 and agree to be bound by the terms and conditions of such Agreernent.
Idaho Public Utilities Commission
Employer or Firm
472 W. Washinqton Steet. Boise.ID 8370.?-5918
Business Address
Cornmission Staff
Party
2-tS - /1
Date
EXHIBIT "A''
EXHIBIT "A"
I have reviewed the foregoing Proteetive Agreement dated February 12,2019, in Case
No. IPC-E-19-05 and agree to be bound by the terms and conditions of such Agreement.
ldaho Public Uti lilies,Commusr,s!_ _
Employer or Firm
472 W. Washington Street. Boise. ID 83702-5918
Business Address
Commission Staff
Party
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Date i I
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