HomeMy WebLinkAbout20190612Protective Agreement.pdfRECEIVED
PRoTECTIVEAGREEMENT :0!g JUN lA plt 3:30
BETWEEN
IDAHO PO\ryER COMPANY AND ii'rI.i"I:J FUsLIQ..^
IDAHO PUBLIC UTILITIES COMMISiION STAFF '; il''l'iii'5 cOltutsstolt
(AND OTHER PARTIES AS APPLTCABLE)
CASE NO. IPC.E.I9.I4
This Protective Agreement is entered into this 4s day of April 2019 by Idaho Power
Company ("ldaho Power") and the ldaho Public Utilities Commission (Staff), and other parties as
applicable.
Recitals:
l. WHEREAS,Idaho Powerand the ldaho Public Utilities Commission Staff(hereinafter
*Staff') zurticipate 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 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 of documents; will afford the necessary protection
to ldaho Power's and the undersigned parties' employees and/or representatives in Case No.
IPC-E-19-14 who might reviewthe information and subsequently be requested to reveal its contents
by setting forth clear cul 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 HER"EBY STIPULATED AND AGREED AS FOLLOWS:
1. (a) Coafideutial 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 trade secret, proprietary orconfidential 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 trade secret, proprietary or confide ntial 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 legalauthority to support the claim, iDAPA 31.01.01.233.
PROTECTIVE ACREEMENT. 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 be subject to the protective requirements of this Agreement, and shall not be
disclosed to individuals who have not executed the nondisclosue agreement set forth in Exhibit "A."
(c) Use of Confidcntial Information
AII 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 disclose the Confidential Information
for purposes of business 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 a$ trade secret, confidential or proprietary information and in accordance with 0re
purposes and intent of this Agreement.
(d) Persons Entitlcd to Rcview
Access to Confidential Information shall be limited to counsel of the undersigned parties,
employees, experts, agents or r€presentatives of the undersigned parties who have executed an
Exhibit "A" to this Agreement. Such informalion will be clearly marked and protected from
unaulhorized public disclosure.
(e) Non-disclosureAgreement
Confidential Information shall not be disclosed to any person who has not signed 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 whorn 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 &e
signatory's full name, perrnanent 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 available to individuals who have executed an Exhibit
"A" to this Protective Agreement.
PROTECTIVE ACREEMENT - 2
3. Non-waiver of Obiection to Admissibilitv
The fumishing of any document, information, dat4 study or other materials pursuant to this
Protective Agreement shall in no way limit or waive the right of the providing parry to object to its
relevance or admissibility in any proceedings before this Commission.
4. Clsllenee to Confidentialitv
(a) Initial ChaUense
This Protective Agreement esl.ablishes a procedure for 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 infurmation. A party seeking to challenge the confidentiality ofany information shall
first contact counsel for the providing party and attempt to resolve any difference by stipulation.
Resolution may include removing the confidential classifications, creating a non-confidential
summary, reformatting the information, etc.
(b) SubseouentChallense
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 an Exhibit "A" as provided in this Protective Agreement. The Petition shall designate with
specificity the document or rnaterial challenged and state the grounds upon which the subject
material are deemed to be non-confidential by the challenging party.
(c) Challense Hearinq
The challenging parry shall request that the Commission conduct an in camerc 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
lhe in camera hearing shall be marked "CONFIDBNTIAL*Subject to Protective Agreement."
To the extent necessary, the transcript ofsuch 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) Detcrmination
The parties will ask the Cornmission 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 Recordr Act(ldaho Code $$ 74- l0l through 74-126). If information is found to be not
exempt from 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 clairned to be confidential. Such relief may be sought from the Commission or a court of
competent j urisdiction.
5. (a) Seccint Into Evidence
Provision is hereby made for receipt into evidence in this proceeding of materials claimed to
be confidential in the following manner:
(l) If the requesting party intends to use Conhdential Information or to make
substantive reference to Confidential Information supplied to it under this Agreement, it shall give
reasonable prior notice of such intention lo the providing party and shall provide copies of the used
Confidential Information or substantive referencc to Confidential Information 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 the used Confidential Information or substantive reference to
Confidential Information orsubstantive reference to Confidential Information described 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 thc
terms of this Protective Agreement.
(b) Seal
While in the custody of the Commission, materials containing Confidential Information shall
be marked "CONtr'IDENTIAL - SUBJBCT TO ATTORNEY'S CBRTIFICATE Otr'
CONFIDENTIALITY" and shall not be examined by any per$on except under the conditions set
forth in this Agreement, if applicable.
PROTECTIVE ACREEM ENT *,1
(c) Ifl Caraera Hearing gnd Transcriots
Any Confidential Information that must be orally disclosed at a hearing in the proceedings
shall be oflered al an in camera hearing, attended only by persons authorized to have access to the
information under this Proteetive Agreement. Similarly, any transcription of any examination or
other reference to Confidential Information (or that portion of the record containing Confidential
Information) shall be marked and treated as provided herein lor Confidential Information"
(d) Access 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 &is Protective Agreement, unless such
information is released from the restrictions of this Agreement either through agreement of the
par.ties 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) Anoeal
Should an appeal fiom the proceeding be taken, sealed portions of the record may be
forwarded to any court of competent jurisdiction for purposes of an appeal, but under seal as
designated herein for the information and use of the court. Ifa portion ofthe record is forwarded to a
court under seal for the purposes ofan appeal, the providing party shall be notified which portion of
the sealed record has been designated by the appealing party as neccssary to the record on appeal.
6. Use in Pleadingg
Where references 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 disclose the subslantive
Confidential Information contained therein. Any use oIor 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 record
who have signed the nondisclosure agreemenls set forth in Exhibit "A" attached to this Protective
Agreement, and may, in turn, be disclosed by tlrem only to individuals who likewise signed Exhibit
A
PROTECTIVE AGREEMENT . 5
7. Summary 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 Confidential lnformation
(a) Upon request of the providing party" all original documents and copies of the
Confidential Information shall be: ( I ) returned to the providing party; or (2) or at the option of the
recipient destroyed rvithin thirty (3 0) days after the final settlement or conclusion of the proceedings,
including administrative or judicial review thereofl, After return or destruction of documents
pursuant to this paragraph, and upon request, a written receipt verifuing retum ordestruction shall be
provided by counsel.
(b) On a case'by-case basis and upon notification to the ulility, the Commission Staff
may retain one copy of the Confidential Information under seal. Notwithstanding any other
provision in lhis Agreement, any member of Staff may review and use that copy ofthe Confidential
Information outside this proceeding while performing his or her duties as a Staffmember. Staffs
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 re*ipient of Confidential Information which embody or
reflect any of the Confidential Information provided underthis Agreement shall, upon request ofthe
providing party, be either retumed to the providing party or, at the option of the recipient, destroyed.
9. Effectivc Da,tq
This Protective Agreement shall become effective on the date hereof.
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PROTECTIVE ACR.EEMENT . 6
DATED this 4th day of April 2019.
IDAHO POWER COMPANY
By:
E.W
Idaho Power Company
l22l West idaho Street
Boise,ldaho 83702
Attorney Representing ldaho Power Company
IDAHO PUBLIC UTILITIES COMMISSION STAFF
By:
Deputy Attorney General
Idaho Public Utilities Commission
47 2 W est Washington Street
Boise, Idaho 83702
Attomey Representing the
Idaho Public Utilities Commission Staff
((
PROTECTIVE AGREEMENT . 7
EXHIBIT O'A''
I have reviewed the foregoing Protective Agreement dated this 4th day of April 2019 in Case No. IPC-
E-19-14 and agree to be bound by the terms and conditions of such Agreement.
Travis Culbertson
Public Utilities Commission
Employer or Firm
472 W . Washineton Street. Boise. ID 83702
Business Address
Commission Staff
Party
4t11t2018
Date
EXHIBIT "A"
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this 4s day of April 2019 in Case No. IPC-
E-19-14 and agree to be bound by the terms and conditions of such Agreement.
4/@
Michael Eldred
Public Utilities Commission
Employer or Firm
472W. Washineton Street. Boise.ID 83702
Business Address
Commission Staff
Party
Date
q q
EXI.IIBIT "A''
EXHIBIT '{A"
I have reviewed the foregoing Protective Agreement dated this 4fi day of April 2019 in Case No. tPC-
E-I9-14 and agree to be bound by the terms and conditions of such Agreement.
Employer or Firm
472 W. Washinston Strsot'Boise. ID 83702
Business Address
Commission Staff
Party
{
Date
EXHIBIT "A''
Public Utilities Commis-sion
EXHIBIT "A''
I have reviewed the foregoing Protective Agreement dated this 4'h day of April 2019 in Case No. IPC-
E-19-14 and agree to be bound by the terms and conditions of such Agreement.
lr*;- C,rU*
Terri Carlock
Public Utilities Commission
Employer or Firm
472 W . Washington Street,se. ID 83702
Business Address
Commission Staff
Party
Date
/e a0/
EXHIBIT "A"
EXHIBIT "A''
I have reviewed the foregoing Protective Agreement dated this 4il'day of April 2019 in Case No. IPC-
E-19-14 and agree to be bound by the terms and conditions of such Agreement.
VW frw
Stacey
Public Utilities Commission
Employer or Firm
472 W. Washineton Street. Boise. ID 83702
Business Address
Commission Staff
Party
0lt/2on
Date
EXHIBIT "A"