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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"