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HomeMy WebLinkAbout20191218Protective Agreement.pdfr(ECEIVED PRoTECTIVEAGREEMENT IIgDIC lB Allll:l+7 BETWEEN IDAHOPOWERCOMPANYAND ri ,': '' ."i ,i,i;^.^.. rDAHo puBl,rc urrI,rrrEi;6ftisiroN srAFill ; . 'Ji'ri{lssioN (AND OTHER PARTIES AS APPLICABLE) CASE NO. IPC-E-19-31 This Proteclive Agreement is entered into this 2l" day of Novembcr 2019 by ldaho Power Company ("ldaho PoweC') and the Idaho Public Utitities Commission Staff, and other parties as applicable. Recitals: l. WHEREAS,ldaho Powerand the ldaho Public Utilities Commission Staff(hereinafter "Staff) anticipate thal partics to this proceeding may make requests to provide, or make available for review, certain information, considered by its custodian to be ofa trade secret, privileged or confidential nature (as delinedin ldaho Code $g 74-107 through 74-109 and 48-801). 2. WHEREAS, Idaho Power and the undersigned parties agree that entering into a Protective Agreement will exp€dite 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- 19-31 who might review the information and subsequently be requested to rcveal its contents by setting forth clear cut parameters for use of Confidential lnformation, 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)Confidential Information All documents, dala, information, studies and other materials furnished pursuant to any requests for information, subpoenas or other modes ofdiscovery (formal or informal), and including depositions, that. are claimed to be oftrade secre! proprietary orconfidential nature (herein referred to as "Confidential Information") shall be so marked by the parly or entiry providing the information by stamping the same with a designation indicating its trade secret, proprietary orconfidential nature and printed on "yello ' paper. IDAPA 31.01.01.067. Any claim of confidentiality must be accompanied by an attorney's certilicate that the material is protected by law firom public disclosure and cite the specific legal authority to support the claim. IDAPA 31.01.01.233. PROTECTIVE AGREEMENT. I (b)Protection of Confi dcntial lnformation Access to and review ofConfidential Inlormation shall be strictly controlled by thc 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 protcctive requiremenls of this Agreement, and shall not be discloscd to individuals who have not executed the nondisclosure agrecment set forth in Exhibit "A." (c) Usc of Confidential Information All persons who may be entitled to review, or who are afforded access to any Confidcntial lnformation by reason olthis Agreement shall neither use nor disclose the Confidential lnformation for purposes ofbusiness or competition, or any purposc other than the purpose o f preparation for and conduct ofthe proceedings, and then solely as contemplated herein, and shall keep the Confidential Information securc as trade sccret, confidential or proprietary information and in accordance with the purposes and intent of this Agreement. (d)Pcrsons Entitlcd to Revicw Access to Confidential Inlormation shall be limited to counsel ofthe undersigned parties, employees, experts, agents or representatives of thc undersigncd parties who have cxecuted an Exhibit "A" to this Agreement. Such information will be clearly marked and protectd from unauthorized public disclosurc. (c) Non-disclosureAqrccmcnt Confidcntial lnformation shall not bc discloscd to any pcrson who has not signed a non- disclosure agreement on this form, which is attached hereto as Exhibit "A" and incorporated hercin. The non-disclosure agreement or Exhibit "A" shall require the person to whom disclosure is lo be madc to read a copy of this Protective Agreement and to certiry in writing that he or shc has reviewed the same and has consenled to be bound by its terms. The Agreement shall contain the signatory's full name, permancnt address and cmployer. Such agreement shall be delivercd to counscl for the providing party, belorc disclosure is made. 2, Conics No copies or transcriptions ofthe Confidential lnformation shall be made by the recipient exccpt iu; necessary to make the information available to individuals who have executed an Exhibit "A" to this Protective Agrccment. PROTECTIVE ACRI]EMENT . 2 3. Non-waiver of Obiection to Adm lsstbilitY 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 parry to object to its relevance or admissibility in any proceedings before this Commission. 4. Challenec to Confidcntialitv (a)Initial Challenge This Protective Agreement establishes a procedure for the expeditious handling of information that a party claims is confidential. Any party may challenge the characterization ofany information, document, data or study claimed by the providing party to be a trade s€cret, proprietary orconfidential information. A party seekingto 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 fie information, etc. (b)Subsequent Challcngc In the event that the parties cannot agree as to the character ofthe information challenged, any party challenging the confidentiality may petition the Commission to rule upon the disputed information. Thc Petition shall be served upon the Commission and all parties to the case who have signed an Exhibit "A" as provided in this Protective Agreemenl. The Petition shall designate with specificity thc document or material challenged and state the grounds upon which the subject material are deemed to be non-confidential by thc challenging party. (c) Challenee Hearine The challenging party shall request that the Commission conduct ur in camera proceeding where only those persons duly authorized to havc access to such challenged malerials under this Protcctive Agreement shall be prcsent. This hearing shall be commenced no earlier than five (5) business days after sewing the Pelition on the providing party and the Commission. The record of lhe in camera hearing shall be maTked "CONFIDENTIAL - Subject to Protective Agreemcnt." To the extcnt 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. PROTEC'TIVE ACREEMENT . ] (d)Dctcrminalion 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 pursuart to the Idaho Public Records Act (ldaho Code $$ 74- 101 through 74- 126). llinformation is found to bc not exempt from disclosurc, no party shall disctose such challenged material or use it in thc public record, or otherwisc outsidc the proceedings for at least five (5) business days unless the providing party conscnts to such conduct. This procedure enables the rest clions of this Agreement from material claimed to bc confidcntial. Such relief may be sought from thc Commission or a court of competent jurisdiction. 5. (e) Rccciot lnt_o Evidcncc Provision is hereby made for receipt into evidence in this proceeding of malerials claimed to be confidential in the lollowing manner: (t) lf the requcsting pafly intends to use Confidential Information or to make subslantive re[crcnce to Confidential Information supplied to it under this Agreement, il shall give reasonable prior notice olsuch intcntion to the providing party and shall provide copies olthe used Confidential Information or substantive reference to Confidential Information only to the providing party, and such othcr parties, ifany, who have executed an Exhibit "A" to this Protective Agreement. (2) One (l) copy olthe used Confidential Information or subslantive refercnce to Confrdential lnformation or substantivc rcfcrcnce to Confidential lnlormation describcd in paragnph 5(a)(l ) shall be placed in thc scalcd record. (3) The copy ofthe documents to be placed in the sealed record shall be tendered by counsel for the providing party to the Commission, and shall bc maintained in accordance wilh the terms of this Prolective Agrecment. (b) Scal While in the custody of the Commission, materials containing Confidential lnformation shall be marked *CONFIDENTIAL - SUBJECT TO ATTORNEY'S CERTIFTCATE OF CONFIDENTIALITY" and shall not be examincd by any person excepl under the conditions set forth in this Agreement, if applicable. PROTECTIVE ACREEMENT - 4 (c)In Camero Hcados and Tlansgjpts Any Confidential Information that must be orally disclosed at a hearing in the proceedings shall be offered at an in camera hearing, attended only by persons authorized to have access lo the information under this Protective Agreement. Similarly, any transcription of any examination or other relercncc to Confidential Information (or that poflion ofthe record containing Confidential lnformation) shall be marked and treated as provided herein for Confidential Inlormation. (d)Acccss to Record Access to sealed testimony, records, and information shall be limited to thc Commission and persons who have signed an Exhibit "A" as provided in this Protective Agreement, unless such information is released from the restrictions of this Agreement either through agreement of the paflies or after notice to the parties and hearing, punuant to the order ofthe Commission and/or the final order ofa court having final jurisdiction. (c) AnPeal Should an appeal from thc proceeding be taken, sealcd portions of the record may be forwarded to any court of competent jurisdiction flor purposes of an appeal, but under seal as designated herein for the information and use ollhe court. If a portion of the record is forwarded to a court under seal forthc purposes of an appeal, the providing party shall be notilied which portion of the sealed record has been designated by the appcaling party as necessary to the record on appeal. 6. Usc in Pleadin ss Where references to Confidential Information in the sealed record or with the custodian is required in pleadings, briefs, arguments, or motions (cxcept as provided in Paragraph 5), it shall be by citation to titlc or exhibit number or some other description that will not disclose the substantive Confidential Information contained therein. Any use ofor substantive refsrcnces to Confidential Inlormation shall be placed in a separate section of the pleading or brief and submitted to the Commission pursuant to Pangraph 5. This sealed section shall bc scrved only on counsel ofrecord who have signed the nondisclosure agreements set forth in Exhibit "A" attached to this Protectivc Agreement, and may, in tum, be disclosed by them only to individuals who likewise signed Exhibit PROTECTIVE AOREEMENT - 5 7. Sqmmary of Record If decmed necessary by the Commission, the providing parties shall prepare a written summary of the Confidential Information referred to in Ordcrs to bc issued to the public and the parties. E, Rcturn or Destruction of Confidential Information (a) Upon request of the providing party, all original documents and copies of the Confidential lnformation shall be: (l ) retumcd to the providing partl; or (2) or at the option ofthe rccipienl destroyed within thirty (30) days aftcr the final setllement or conclusion ofthe proceedings, including administrative or judicial review thcreof. After retum or destruction of documents pursuant to this paragraph, and upon request, a written receipt verifuing retum or destruction shall be provided by counscl. (b) On a case-by-case basis and upon notification to the utility, the Commission Staff may rctain one copy of the Confidential Information under seal. Notwithstanding any other provision in this Agreement, any member of Staffmay rcview and use thal copy of the Confidcntial lnformation outside this proceeding while performing his or her duties as a Slaff membcr. Stafls usc and disclosure ofthe Confidential Inlormation in a later Commission proceeding shall bc subject 10 any protective agreement signed in thc procccding. (c) Any notes maintained by a recipient olConfidential Information which embody or reflect any ofthe Confidential Information provided under this Agreemenl shall, upon request olthe providing party, be eilher retumed to the providing party or, at the option ofthe rccipient, dcstroycd. 9. Effectivc Datc This Protective Agreement shall become effective on the date hereof. PROTECTTVE AGREEMENT . 6 DATED this 2l" day o|November 2019. IDAHO POWER COMPANY By:c Donovan E. Walker Idaho Power Company l22l West ldaho Street Boise, Idaho 83702 Attomey Representing ldaho Power Company IDAHO PUBI,IC UTILITIES COMMISSION STAFF By Hardic Deputy Attomey General Idaho Public Utilities Commission I 133 I W. Chinden Boulevard Building 8, Suite 20 1-A Boisc, Idaho 83714 Attomey Representing the ldaho Public Utilities Commission Staff PROTECTIVE AOREEMENT . 7 EXHIBIT "A" I have reviewed the foregoing Proleclivc Agreement dated November 21,2019, in Case No. IPC-E- l9-31 and agree to be bound by the terms and conditions ofsuch Agreement. q?U Yao Yin Public Utilities Commission Employer or Fimr I l33l w. Chinden Blvd.. Buildine 8. Suite 201-A Business Address Commission Staff Party t /zr /l,o$ Date EXHIBIT "A" EXHIBIT "A" I have reviewed the foregoing Protective Agreement datedNovember2l,20l9, in Case No. IPC-E- l9-3 I and agree to bebound by the terms and conditions ofsuch AgreemeoL Travis Culbert Public Utilities Commission Employer or Firm I l33l W. Chinden BIvd.. Buildine 8. Suite 201-A Business Address Commission Staff PaIty lt EXHIBIT"A" sor EXHIBIT ..A" I have reviewed the foregoing Protective Agreement dated November 21, 2019, in Case No. IPC-E- l9-31 and agree lo be bound by the terms and conditions of such Agreercnt. \J U-Irt,t-C,wrbuW Terri Carlock Public Utilities Commission Employer or Firm I l33l W. Chinden Blvd.. Buildine 8, Suite 201-A Business Address Conrmission Staff Pany lt LI Date EXHIBIT'A''