HomeMy WebLinkAbout20190912Protective Agreement.pdfPROTECTIVE AGREEMENT
BETWEEN
IDAHO POWER COMPANY AND
IDAHO PUBLIC UTILITIES COMMTSSION STAFF
(AND OTHER PARTIES AS APPLICABLE)
CASE NO. IPC.E-I9-15
RECEIVED
?il19 StP l2 Al{ ll: 35
:a';.i-iij i"'L,3LlCt: :t i'iii:i. Cfi$.r,{lSSl0N
This Protective Agreement is entered into this l7'h day of July 2019 by ldaho Power
Company ("Idaho Power") and thc Idaho Public Utilities Commission (Staff;, and other parties as
applicable.
Recitals:
1. WHEREAS, Idaho 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, certain information, considered by its custodian to be of a tradc secret, privilcged or
confidcntial 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
Protectivc Agreement will expedite the production ofdocuments; will afford the necessaryprotection
to Idaho Power's and the undersigned parties' employees and/or representatives in Case No.
IPC-E- I 9- I 5 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 be provided during the course of the proceedings, now
therefore,
IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS:
1. (a)Confi dential Information
All documents, data, information, studies and other materials furnished pursuant to any
requests for information, subpoenas or other modes ofdiscovery (formal or informal), and including
depositions, that arc claimcd 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 printcd on o'yellow" paper. IDAPA 31.01.01.067. Any claim of confidentiality must be
accompanied by an attorney's certificate that the material is protccted by law from public disclosure
and cite thc specific legal authority to support the claim. IDAPA 31.01.01.233.
IPC.[-I9-I 5 _ PROTECTIVE AGREEMENT * 1
(b)Itrotcction of (lonI'idcntiaI I nfnrmation
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 conhdentiality is made, shall remain under
scal, 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 Confidential Information
AII persons who may bc entitlcd to rcview, or who are afforded access to any Confidential
Information by reason ofthis Agreement shall neithcr use 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 kccp thc Confidcntial
Information sccurc as trade secret, confidential or proprictary information and in accordance with the
purposes and intent of this Agreement.
(d) Pcrsons llntitlcd to [tevierv
Access to Confidential Information shall be limited to counscl of thc undersigned parties,
employccs, cxpcrts, agents or representatives of the undcrsigned parties who havc executed an
Exhibit o'A" to this Agrccmcnt. Such information will be clearly marked and protected from
unauthorized public disclosure.
(e)Non-disclosu re Agrccnrcnt
Confidential Information shall not be disclosed to any person who has not signed a non-
disclosure agrccment on this form, which is attached hcreto as Exhibit "A" and incorporated herein.
The non-disclosure agreement or Exhibit'oA" shall require the pcrson to whom disclosure is to be
made to read a copy ol'this Protective Agreement and to certi$ 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 agrecment shall be delivered to
counsel for the providing party, before disclosure is madc.
2. Copies
No copics 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.
IPC-lr- I 9- I 5 PRO'I ECTIVE AG REEMENT - 2
3. Non-waiver of Obiection to Admissibilitv
l'he furnishing of any document, information, data, study or other materials pursuant to this
Protective Agreemcnt 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. Chnllenqc to Confidcntiality
(a) Initial Challcnec
This Protective Agreement establishes a procedure for the expeditious handling of
information that a party claims is confidential, Any party may challcnge the charactcrization of any
information, document, data or study claimed by thc providing party to bc a trade secret, proprietary
or confidential information. A party seeking to challenge the conhdentiality of any information shall
first contact counsel for the providing party and attcmpt to resolve any difference by stipulation.
Resolution may include removing the confidential classifications, creating a non-confidential
summary, reformatting the information, eto.
(b) Subscqucnt Challenec
In the event that the parties cannot agree as to the character of the information challenged,
any party challcnging the confidentiality may petition the Commission to rule upon the disputed
information. 'l'hc Pctition 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 thc document or material challenged and state the grounds upon which the subject
material are dcemed to be non-confidential by the challenging party.
(c) Challcnsc Hcarine
I'he challenging party shall request that the Commission conduct an in cumeru 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. I'he record of
the in cumeru hearing shall be maTked "CONFIDENTIAL - Subject to Protective Agreement."
'l'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.
IPC-E-I9-I5 - PROTECTIVE AGREEMENT 3
(d) Dctcrmination
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
ldaho Public Records Act(ldaho C'ode $$ 74-101through 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 procedurc cnables the restrictions of this Agreement {iom
material claimed to be confidential. Such relief may be sought from the Commission or a court of
competent j urisdiction.
5. (a) lleccirrt Into Evidence
Provision is hereby made lor receipt into evidence in this proceeding of materials claimed to
be confidential in the following manner:
(1) If the requesting party intends to usc Confidential Information or to make
substantivc refercncc 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 copics of thc used
Confidcntial Information or substantive relercncc to Confidential Information only to the providing
party, and such other parties, ifany, who have executed an Exhibit o'A" to this Protectivc Agrcement.
(2) One (l) copy of the used Confidential Information or substantive reference to
Confidential Information or substantive reference to Confirdential Information described in paragraph
5(aXl) shall be placed in the sealed record.
(3) The copy of the documents to be placed in thc scaled rccord shall be tendered by
counsel for thc 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 Information shall
be marked "CONFIDENTIAL - SUBJECT TO ATTORNEY'S CERTIFICATE OF
CONFIDENTIALITY" and shall not be examined by any person except under the conditions set
forth in this Agreement, if applicable.
IPC-E-I9.I5 PRO'I'ECTIVE AGREEMENT - 4
(c) /rr Carlern Hearing and'I'ranscripts
Any Confidential Information that must be orally disclosed at a hearing in the proceedings
shall be offered at an in urmere hearing, attended only by persons authorized to have access to the
information undcr this Protective Agreement. Similarly, any transcription of any examination or
other reference to Confidential Information (or that portion of the rccord containing Conf,rdential
Information) shall be marked and treated as provided herein for Confidential lnformation.
(d) Access to Rccord
Access to sealed testimony, records, and information shall be limited to thc Commission and
persons who havc signed an Exhibit "A" as provided in this Protcctive Agreement, unlcss such
information is relcased from the restrictions of this Agreement eithcr through agreement of the
parties or after noticc to the parties and hearing, pursuant to the order of the Commission and/or the
final order of a court having finaljurisdiction.
(e) Appeal
Should an appeal from the proceeding be taken, sealed portions of the record may bc
forwardcd 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. If a portion ofthe record is forwarded to a
court under seal for the purposes of an appeal, thc providing party shall be notified which portion of
the sealed rccord has been designated by the appealing party as necessary to the record on appeal.
6. Use in I'leadines
Where references to Confidential Information in thc scaled 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 numbcr or some other description that will not disclose the substantive
Confidential Information contained therein. Any use of or substantive references to Confidcntial
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 agrecments sct forth in Exhibit "A" attached to this Protective
Agreement, and may, in turn, be discloscd by them only to individuals who likewise signed Exhibit
..Arr.
IPC-tr-19-15 PROTECTIVE AGREEMFIN'[ 5
7. Summary of Rccord
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 Information
(a) Upon request of the providing party, all original documents and copies of the
Confidential Information shall be: (1) retumed to the providing party; or (2) or at the option of the
recipient destroyed within thirty (30) days after the final settlcment or conclusion of the proceedings,
including administrative or judicial review thereof,. After return or destruction of documents
pursuant to this paragraph, and upon request, a writtcn receipt verifiing return or destruction shall be
provided by counsel.
(b) On a case-by-case basis and upon notification to the utility, thc Commission Staff
may retain one copy of thc Confidential Information undcr seal. Notwithstanding any other
provision in this Agreement, any member of Staff may review and usc that copy of the Confidential
Information outside this procccding while performing his or her duties as a Staff member. StafPs
use and disclosure of the Confidential Inlormation in a later Commission proceeding shall be subject
to any protective agreement signed in the proceeding.
(c) Any notes maintained by a recipient of Confidential Information which embody or
reflect any of the Confidcntial Information provided under this Agreement shall, upon request of the
providing party, be either returned to the providing party or, at the option of the recipient, destroyed.
9, Effective Date
This Protectivc Agreement shall become effective on the date hereof.
IPC-E.I9-I5 PROI'E,CTIVEAGREEMENT 6
DATED this 17th day of July 2019.
IDAHO POWER COMPANY
By:*.L'il^l"l*"^-ffi
Idaho Power Company
1221 West Idaho Street
Boise, Idaho 83702
Attorney Representing Idaho Power Company
IDAHO PUBLIC UTILITIES COMMISSION STAFF
By
Edward Jewell
Deputy Attorney General
Idaho Public Utilities Commission
472 W est Washington Street
Boise, Idaho 83702
Attorney Representing the
Idaho Public Utilities Commission Staff
IPC-E-I9-I5 PROTECTIVE AGREEMENT, 7
IDAHO POWER COMPANY
By:
I-Kubl Nooartro* f
Idaho Power Company
1221 West Idaho Street
Boise, Idaho 83702
Attorney Representing Idaho Porver Company
IDAHO PUBLIC UTILITIES COMMISSION STAT'F
By:7t6l11
Edward
Dcputy
J ll
General
Idaho Public l"ltilities Commission
472 West Washington Street
Boise,Idaho 83702
Attorney Representing the
Idaho Public Utilities Commission Staff
IPC-E-I9-I5 _ PRO'I'F]CTIVE AGREEMENT 7
DATED this 17th day of July 2019.
.4 ,+h
DATED this l.'t '- da1 of Jull 2019.
IDAHO CONST,R\'ATION LEAGI.IE
\,OTE SOLAR
B]':
For Ilenjamin J. Otto:
Benjamin J. Otto
Attorney Representing the Idaho Consenation League and
Vote Solar
\latthe* ,"\. N
Idaho Consen'ation League
ISB #: 10270
IPC-E-ls-15 - PROTITCTIYE i\CREE1\lL"Nl * I
DArED thk l/
h
day of July 2019.
IDAHO IRRIGATION PUMPERS ASSOCIATION, INC.
By:
Olsen
Attorney Representing the Idaho Iruigation Pumpers
Association, Inc.
IPC-E-1 9. I5 - PROTECTIVTJ AGREEMENT . 9
DATED this _ri_day of July 2019.
CITY OF BOISE
t
By:
Germaine
A Representing the City of Boise
IPC-E.19.I5 _ PROTECTIVE ACREEMEN'I' IO
DATED this day of July 2019.n_
IDAHO CLEAN ENERGY ASSOCIATION
Preston N. Carter
Attorney Representing the Idaho Clean Energy Association
By:
IPC-E-I9-I5 - PROTECTIVE AGREEMENT - I I
DATED this day of July 2019.]1
IDAHO SIERRA CLUB
By:
Attomey the Idaho Sierra Club
Jae
IPC.E-I9-I5 - PROTECTIVE AGREEMENT _ 12
DA'rIiD tt',i, L 7'hao, "rH'lo,r.
By:
INDUSTRTAL CUSTOMERS OF IDAHO POWER
Peter J.Richardson
Attorney Represcnting the Industrial Customers of Idaho
Power
I
IPC.E.I9-I5 - PROTECTIVE AGREEMENT - I3
DATED 1fiis 18th day of July 2019.
MICRON TECHNOLOGY, INC.
By:
D4b ry
Austin Rueschhoff
Attorney Representing Micron Technology, Inc,
IPC-E-I9-I5 _ PROTECTIVE AGREEMENT _ I4
DATED this I B dal'of Jull'2019
INDIVIDUAL
Byt
Irc-E-lg.I5 _ PROTECTIVE AGREEMF,NT- I5
-d, kplenlxr
DATED this 1 day ofAu[ust20l9.
IT}AHYDRO
By
C. Tom Arkoosh
Attorney Representing IdaHydro
IPC-H-I9-I5 PRO'I'I]CTIVE AGREEMENT , I6
-*-2-:,-/\,.nd
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated July 17, 2019, in Case No. IPC-E-19-15
and agree to be bound by the terms and conditions of
7
English
-/ Q"
Public Utilities Commission
Employer or Firm
472W. Washinston Street, Boise. ID 83702
Business Address
Commission Staff
Party
7 -rV- tt
Date
EXHIBIT "A''
EXHIBIT "A''
I have reviewed the foregoing Protective Agreement dated July 17,2019, in Case No. IPC-E-19-15
and agree to be bound by the terms and conditions of such Agreement.
Public Utilities Commission
Employer or Firm
472W. Washington Street. Boise. lD 83702
Business Address
Commission Staff
Partv
Date
erry
EXHIBIT "A"
EXHIBIT "A''
I have reviewed the foregoing Protective Agreement dated July 17,2019, in Case No. IPC-E-19-15
and agree to be bound by the terms and conditions of such Agreement.
Stacev
Public Utilities Commission
Employer or Firm
472 W. Washington Street,ID 83702
Business Address
Commission Staff
Party
l'*"otq
</,
EXHIBIT "A"
"-l"""tl-
EXHIBIT "A''
I have reviewed the foregoing Protective Agreement dated July 17,2019, in Case No. IPC-E-19-15
and agree to be bound by the terms and conditions of such Agreement.
irril L*Uch
Terri Carlock
Public Utilities Commission
Employer or Firm
472 W. Washineton Street. Boise. lD 83702
Business Address
Commission Staff
Partv
1 I I
Date
EXHIBIT "A"
EXHIBIT ..A"
I have revierved the foregoing Protective Agreement dated July 17,2019, in Case No. IPC-E-19-15
and agree to be bound by the terms and conditions of such Agreement.
Public Utilities Commission
Employer or Firm
472 W . Washington Street, Boise. LD 33192
Business Address
Commission Staff
Partv
Date
F
EXHIBIT "A"
!
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated July 77,2019,in Case No. IPC-E-
l9-15 and agree to be bound by the terms and conditions of such Agreement.
/4,J*,t //,,11,,
Printed Name
fi Yfi
Employer or Firm
5ol h Fr^^l l,'n
Business Address
I1^l^, 5,*^ C.,
Party
6a
Date
EXHIBIT "A''
EXHIBIT "A'
I have reviewed the foregoing Protective Agreement dated July 77,2019,in Case No. IPC-E-
19-15 and agree to be bound by the terms and conditions of such Agreement.
4.,-4.k/;b-*-
iis"atwJ
Zoe l,l/o|*r^'^
Printed Name
Srcrro (,1$
Employer or Firm
503 W Frnkl'n Sf borce
'D
67Ha
Business Address
St'ro cloL
Party
tltz/rt
Date
EXHIBIT "A"
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated July 17 ,2079,in Case No. IPC-E-
l9-15 and agree to be bound by the terms and conditions of such Agreement.
Gina Gargano-Amari
Printed Name
Holland & Hart LLP
Employer or Firrr
555 17th Street, Suite 3200
Denver, CO 80202
Business Address
Micron Technology, Inc.
Party
|uly 18,2019
Date
EXHIBIT"N'
EXHIBIT ..4"
I have reviewed the foregoing Protective Agreement dated July 17,2019,in CaseNo. IPC-E-
l9-15 and agree to be bound by the terms and conditions of such Agreement.
.4'*..*7T-7-^,--Iirgnature
Adele C. Lee
Printed Name
Holland & Hart LLP
Employer or Firm
555 lTth Street, Suite 3200
Denver, CO 80202
Business Address
Micron Technology, Inc.
Party
fuly 18,2019
Date
EXHIBIT "A"
EXIrIErr .,4"
i have reviewed the fbregoing Prctective Agreement dated July 17,2019, in Case Na. IPC-E-
19-15 and egree to be bound by the terms and conditions of sirch Agreement.
Signature
Tr{ a tvt y Lt
Printed Nan:e
r'frupet *As S 0. rA{E 3 i N,-
Employer or Firrn
/97oo LAKE
L {lxr- wtt o r)
Business Addi'es,s
-r T: €d
Part.v
ftti
€L_
/+v E 4'atr{
bi qltla,7
EXI.IIB}'I "A"
-;{*#/
EXITII}IT "A"
I have reviewed the foregoing Protective Agreement dated July 17, 2019, in Case No. IPC-E-
19-t5 and agree to be bou"'rd by the terms and conditions of such Agreement.
ttor*A;trw *, 0u*od^s-
silifu.e
Ciaudine Y. Custodio
U
Printed Name
Vote Solar
Employer or Firm
360 22nd Street, Suite 730, Oakland CA 94612
Business Addrcss
Vote Solar
Pany
07 /18t2019
Date
EXt{ttslr "A"
EXHIBIT "A"
I have review-ed the foregoing Protective Agreement dated July 17,2019,in Case ].1o. IPC-E-
I 9- I 5 and agree to be bound by the tenns and conditions of such Agree ment.
Signalure
Briana Kobor
Printed Name
\rote Solar
Employer or Firm
358 S 700 E, Salt l.ake City, UT 84102
Ilusiness Address
Vtite Solar
Parr;*
Iuli'23,2019
Datc
EXHIBIT "A"
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated July 17,2019,in Case No. IPC-E-
19-15 and agree to be bound by the terms and conditions of such Agreement.
Signature
Printed Name
ke(
Utu D{ 6dx -kqajErnpl;ffiFil
Lao$ Ua,hl Hvd M.,.Ib
Busineis Address f
anhrvrrtDr -----T----
Party
Date
EXHIBIT "A''
t
EXHIBIT ((A"
I have reviewed the foregoing Protective Agreement dated July 17,2019,in Case No. IPC-E-
l9-15 and agree to be bound by the terms and conditions of such Agreement.
)tcahr.,. L. l3uryt
Printed Name U
C.i: o I Bun>,
Employer or Firm
tsa .*, L Bt.rl
Business Address
Party
6 t1
O-t E?4 l
EXHIBIT "A"
EXHIBIT (A"
I have reviewed thc foregoing Protective Agreement datd July 17, 2019, in CaseNo. IPC'E-
l9-15 and agree to be bound by the terms and conditions of such Agreement.
Signature
DoN?rrvtN(r
Printed Name
Employer or Firm
6o?o ,l rr F-r,
Business Address
.€Ausr*r*! ltrrr-*tar -sf-AaL" ?,,-bl r,a.tzete)
Party
Date
EXHIBIT "A"
()l
EXHIBIT ..A''
I have reviewed the foregoing Protective Agreement dated July 17,2019,in Case No. IPC-E-
19- l 5 and agree to be bound by thc tcrms and conditions of such Agrccmcnt.
&-- Nt-,
Signature
Gror* I-lrrsq
Printed Name
k,,\o,ir- A)a^a ,W
Employer or Firm
5 rb \{ Ll " Sf Dor\U \D gltot
Business Address
i C*|u*&)"\, ?r**0
Party
o8l rr.\/zrrc{
Date
BXHIBI *A''
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated July 17,2019,in CaseNo. IPC-E-
l9- l5 and agree to be bound by the terms and conditions of such Agreement.
Fxt,rt kr,tl
Printed Name
.A'fUr nl" I -a ut f'l^tra' rt*
Employer or Firm W
@z lst.Baanrv.L. S\. .g{-e LP laa
Business Address &tige, tD ? ZTDZ
lJ^llily,
Party J
*b*ln
Date
EXHIBIT "A''
EXHIBIT '(A"
I have reviewed the foregoing Protective Agreement dated July 17 ,2019, in Case No. IPC-E-
l9-15 and agree to be bound by the terms and conditions of such Agreement.
a-/,- Qiuut
sig[at(J
Tor"\or Qrtre,\\
Prirt"Nr*.
NCXl,'rrq6'\n { a u)cfs
Employer or Firm
go2- (^). crorrcrouv-s*., LP \O3
bortr,, \D Ebloz-
Business Address
Party
Date
EXHIBIT "A"
BXIIIBIT "A"
I have reviewed the foregoing Protective Agreement dated July 17,2019,in Case No. IPC-E-
19-15 and agree to be bound by the terms and conditions of such Agreement.
m r[/v 0t
Printed Name
QyrrnW, Vlwtnp-rrrrtrry,-
Employer or Firm U a/
la a 9t/v 9
Business Address
Par$
C 2T
Date
EXHIBIT "A''
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated July 17,2019,in Case No. IPC-E-
l9-15 and agree to be bound by the terms and conditions of such Agreement.
Signature
David M. Cooper, CPA, CVA
Printed Name
ldaho Hydroelectric Producers TrusUShorock Hydro, lnc.
Employer or Firm
7630 W THUNDER MTN DR, BOISE, ID 83709
Business Address
ldaho Hydroelectric Producers Trust
Party
812712019
Date
EXHIBIT "A"