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''