20190612Protective Agreement.pdf

PROTECTIVE AGREEMENT
BETWEEN
IDAHO POWER COMPANY AND
IDAHO PUBLIC UTILITIES COMMISSION STAFF
(AND OTHER PARTIES AS APPLICABLE)
CASE NO.IPC-E-Ig-II
RECEIVED
:019 JUH I 2 All ll: lr9
IT,Ii";C PUBLICTlLlTii:3 COMMISSION
This Protective Agreement is entered into this 31't day of May 2019 by tdaho Power
Company ("Idaho Power") and the Idaho Public Utilities Commission (Staffl, and other parties as
applicablc.
Recitals:
1. WHEREAS, ldaho Power and the Idaho Public Utilities Commission Staff (hereinafter
"Staff') anticipate that parties to this proceeding may make requests to provide, or make available
for review, ccrtain information, considered by its custodian to be o[ a trade secret, privileged or
confidential nature (as defined in ldaho Code $$ 74-107 through 74-109 and 48-801).
2. WHEREAS, Idaho Power and the undersigned parties agree that entering into a
Protective Agreement will expedite the production ofdocuments; will afford the necessary protection
to Idaho Power's and the undersigned parties' employees and/or represcntatives in Case No.
IPC-E- I 9- I I 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 bc provided during the course of the proceedings, now
therefore,
IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS:
l. (a) C.onfide+tial Inform*ion
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 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
accompanicd 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 3 1 .01 ,0 I .233.
PROTECTIVB AGREEMENT - I
(b) Protection 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 claim of confidentiality is made, shall remain under
seal, shall continue to bc 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) Use of Confrdentirl Information
All persons who may be entitled to review, or who are afforded access to any Confidcntial
lnformation by reason of this Agreement shall neither use nor disclose the Confidential Information
for purposes of business or compctition, or any pur?ose other than the purpose of preparation for and
conduct of thc proceedings, and then solely as contemplated hcrcin, and shall keep the Confidential
Information secure as trade secret, contidential or proprietary information and in accordance with the
purposes and intent of this Agreement.
(d) Persons Entitlcd to Rwiew
Access to Conf,rdential Information shall be limited to counsel of the undersigned parties,
employees, experts, agents or representatives of the undersigned parties who have executed an
Exhibit "A" to this Agreemcnt. Such information will be clearly marked and protected from
unauthorized public di sclosure.
(e) Non-disclosureAsreement
Confidential Information shall not be disclosed to any person who has not signcd a non-
disclosure agreement on this form, which is attached 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 certifu in writing that he or shc has
reviewed the same and has consented to be bound by its terms. 'l'he Agreement shall contain the
signatory's full name, permanent address and employer. Such agreement shall bc dclivered to
counscl for thc providing party, before disclosure is made.
2. Cooies
No copies or transcriptions of the Confidential Information shall be made by the recipient
except as necessary to make the information available to individuals who have executed an L,xhibit
"A" to this Protcctive Agrcement.
PROTECTIVE AGREEMENT . 2
3. Non-waiver of Obiection 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 proccedings before this Commission.
4. Chdlenge to Cgnfidentialitv
(a) Initial Cha[enee
This Protective Agreemcnt cstablishes a procedure for the cxpeditious handling of
information that aparty claims is confidcntial. Any party may challenge the characterization of any
information, document, data or study claimcd 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 attcmpt to rcsolvc any diffcrencc by stipulation.
Resolution may include removing the 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 petition the Commission to rule upon the disputed
information. The Petition shall be served upon the Commission and all parties to the case who have
signed on 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) Challenqg Hearins
The challenging party shall request that the Commission conduct an in cqryerg proceeding
where only those persons duly authorizcd to have access to such challenged materials under this
Protective Agreement shall be present. This hearing shall be commcnced no earlier than five (5)
business days after serving the Petition on the providing party and the Commission. The record of
thc in camera hearing shall be marked "CONFIDENTIAL - Subjcct to Protective Agreement."
1'o the extent 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 - 3
(d) Determination
The parties will ask the Commission to issue an Order determining whether any challenged
information or material is not properly dcemed to be exempt from public disclosure pursuant to the
Idaho Public Records Act (Idaho Code $ $ 7 4-l0l through 7 4-126). If information is found to be not
exempt fiom disclosure, no party shall disclose 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 enables the restrictions of this Agreement from
material claimed to be confidential. Such relief may be sought from the Commission or a court of
competcnt j urisdiction.
5. (a) Reeeint Into Evidence
Provision is hereby made for reccipt 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
substantivc reference to Confidential Information supplied to it under this Agreement, it shatl give
reasonable prior notice of such intention to the providing party and shall provide copies of thc uscd
Confidcntial Information or substantive reference to Conhdcntial lnformation only to the providing
party, and such other parties, if any, who have executed an Exhibit "A" to this Protective Agreement.
(2) One (l) copy of thc uscd Confidential Information or substantive reference to
Confidential Information or substantive reference to Confidential Information described in paragraph
5(a)(1) shall be placed in the sealed record.
(3) The copy of the documents to be placed in thc scalcd record shall be tendered by
counsel for the providing party to the Commission, and shall be maintained in accordance with the
terms of this Protective Agreement.
(b) Seal
While in the custody of the Commission, materials containing Confidential lnformation shall
bc marked "CONFIDENTIAL - SUBJECT TO ATTORNEY'S CERTIFICATE OF
CONFIDENTIALITY" and shall not be examined by any pcrson exccpt undcr thc conditions set
forth in this Agreement, if applicable.
PROTECI'IVE AGREEMENT - 4
(c) /a Caarsra Hearins and Transcrints
Any Confidential Information that must be orally disclosed at a hearing in the proceedings
shall be offered at an in cqmgra hearing, attended only by persons authorized to have access to the
information under this Protective Agreement. Similarly, any transcription of any examination or
othcr reference to Confidential lnformation (or that portion of the record containing Confidential
Information) shall be marked and treated as provided herein for Conf-rdcntial Information.
(d) Access to Record
Access to sealed testimony, records, and information shall be limitcdto the Commission ernd
persons who have signed an Exhibit "A" as provided in this Protectivc Agreement, unless such
information is released from the restrictions of this Agreement either through agreement of the
parties or after notice to the parties and hearing, pursuant to the order ofthe 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 bc
forwarded to any court of competent jurisdiction for purposes of an appeal, but under seal as
designated hercin for the information and use of the court. If a portion ofthe 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. U$c in Pleadings
Where refcrences to Confidential Information in the sealed record or with the custodian is
required in pleadings, briefs, arguments, or motions (except as provided in Paragraph 5), it shall be
by citation to title or exhibit number or some other description that will not disclosc thc substantive
Confidential lnformation contained thcrein. Any use of or substantivc refercnces to Conhdential
Information shall be placed in a scparate section of the pleading or brief and submitted to the
Commission pursuant to Paragraph 5. This sealed section shall bc scrved only on counsel of record
who have signed the nondisclosure agreements sct forth in Exhibit "A" attached to this Protective
Agreement, and may, in tum, be disclosed by them only to individuals who likewise signcd Exhibit
..Arr.
PROTECTIVE AGREEMENT - 5
7. Summarv of Record
If deemed necessary by the Commission, the providing parties shall prepare a written
summary of the Confidential Information referred to in Orders to be issued to the public and the
parties.
8. Return or Destruction of Conlidential Information
(a) Upon request of thc providing party, all original documents and copies of the
Confidcntial Information shall be: (l) returned 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 the proceedings,
including administrative or judicial rcvicw thereof. After return 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 notification to the utility, the Commission Staff
may retain one copy of the Confidential Information under scal. Notwithstanding any other
provision in this Agreement, any member of Staff may review and use that copy of the Confidential
Information outside this proceeding while performing his or hcr duties as a Staff member. Staff s
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 maintaincd by a recipient of Confidential Information which embody or
reflcct any of the Confidential Information provided underthis Agreement shall, uponrequestofthe
providing party, be either retumed to the providing party or, at the option ofthe recipient, destroyed.
9. Effective Date
'l'his Protective Agreement shall become effective on the date hereof.
PROTECTIVE AGREEMEN-I' . 6
DATED this 3l't day of May 2A19.
IDAHO POWER COMPANY
By:,#*oz,^*1,*,-
t-\ia O. Nordstrom (
Idaho Power Company
1221 West Idaho Street
Boise,ldaho 83702
Attorney Representing
Idaho Power Company
IDAHO PUBLIC UTILITIES COMMISSION STAFF
By:
Matt Hunter
Deputy Attomey General
Idaho Public Utilities Commission
472 W est Washington Street
Boise,Idaho 83702
Attorney Representing
Idaho Public lltilities Commission Staff
PROTEC'IIVE ACREEMENT - 7
DATED this 3l'r day of May 2019.
IDAHO POWER COMPANY
Byr
t O* 6*,-
tYru P'. Nordstrom I
Idaho Powcr Company
l22l West ldaho Street
Boise, Idaho 83702
Attorney Representing
Idaho Powcr Company
IDAHO PUBLIC UTILITIES COMMISSION STAFF
By:
Matt Hunter
Deputy Attomey General
ldaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83702
Attomey Representing
Idaho Public Utilitics Commission Staff
PROTEC TIVE AGREEMENT - 7
L.
-r/ /h -.--DATED this / I dayof J un{- 2019.
IDAHO CONSERVATION LEAGUE
By:
Benjamin J. Otto
Attomey Representing the ldaho Conservation League
PROTECTIVE AGREEMENT. 8
DATED trri, 5 Oay ofJre.n( 2019.
'\O oC l3oi'lc C;h
By:
the City of Boise City
PROTECTIVE AGREEMENT - 9
EXIITRIT "A"
I have reviewed the foregoing Protective Agreement dated May 31,2019, in Case No.
IPC-E-19-11 and agee to be bound by the terms and conditions of zuch Agreement.
D-Hoia G At\c-,...
PrintedName
or Firm
Business Address Eo(te- \D ta.lot
Intrar\Dhor
Party
Date
EXHIBIT'A"
T)&; (xdmr^
Sffiaire
EXHIBIT *A'
I have reviewed the foregoing Protective Agreement dated May 31, 2019, in Case No.
IPC-E-19-11 and agree to be bound by the terms and conditions of such Agreement.
Signature
Stephan L. Burgos
Printed Name
City of Boise
Employer or Firm
150 N. Capitol Blvd., Boise,Idaho 83702
Business Address
City of Boise - Intervenor
Party
616l19
Date
EXHIBIT "A"
EXHIBIT "A''
I have reviewed the foregoing Protective Agreement dated May 31,2A19, in Case No.
IPC-E-19-I I and agree to be bound by the terms and conditions of such Agreement.
Signature
Printed Name
or Firm
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Business Address
Party
Date
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EXHIBIT "A''
EXHIBIT *A"
I have reviewed the foregoing Protective Agreement dated May 31,2019, in Case No.
IPC-E-19-11 and agree to be bound by the terms and conditions of such Agreement.
Signatwe
f',I;*hetb Sjtel
Printed Name
or Firm
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Business Addressj
f*r, of- Enx* InleY-,/{}'\or
Party
EXHIBIT "A"
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Date
EXHIBIT ..A''
I have reviewed the foregoing Protective Agreement dated May 3l't,2019, in Case No. IPC-E-|9-l I
and agree to be bound by the terms and conditions of such Agreement.
Public Utilities Commission
Employer or Firm
472W. Washinston Street, Boise,lD 83702
Business Address
Commission Staff
Party
,3{I
Date
EXHIBIT "A"
EXHIBIT ,.A"
I have revierved the foregoing Protective Agreement dated May 3lr', 2019, in Case No. IPC-E-19-l I
and agree to be bound by the terms and conditions of such Agreement.
Terri Carlock
Public Utilities Commission
Employer or Firm
477 W . Washineton Street. Boise. ID 83702
Business Address
Commission Staff
Party
Date
6
EXI.IIBIT "A"
r)
EXHIBIT *A"
I have reyiewed the foregoing Protective Agreement dated May 3l't, 2019, in Case No. IPC-E-19-I I
and agree to be bound by the terms and conditions of such Agreement.
PutlislJlilides Commission
Employer or Firm
472W. Washineton Street. Boise. tD 83702
Business Address
eonnnissionSlqff
Party
Date
0
EXHIBIT "A''
EXHIBIT "A'
I have reviewed the foregoing Protcctive Agreement dated May 3l'r, 2019, in Case No. IPC-E-I9-I I
and agree to be bound by the terms and conditions of such Agreement.
Public Utilities Commission
Employer or Firm
472W. Washinston Street. Boise" ID 83702
Business Address
Commission Staff
Party
rfrn-, t1 ,*/2 a-tr9Dfil
EXHIBIT "A"
BXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated May 3lti, 2019, in Case No. IPC-E-I9-I I
and agree to be bound by the terms and conditions of such Agreement.
Public Utilities Commission
Employer or Firm
472 W . Washineton Sheet.ID 83702
Business Address
Commission Staff
Party
/*s-rq
Date
EXHIBIT "A''
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