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HomeMy WebLinkAbout20191127Protective Agreement.pdfPROTECTIVE AGREEMENT BETWEEN IDAHO POWER COMPANY AND IDAHO PUBLIC UTILITIES COMMISSION STAFF (AND OTHER PARTIES AS APPLICABLE) cAsE NO. rPC-E-19-32 This Protective Agreement is entered into this [4'h day ofNovember 2019 by Idaho Power Company ("ldaho Power") and the tdaho Public Utilities Commission Sta[ and other parties as applicable. Recitals: t. WHEREAS,ldaho Power and the Idaho Public Utilities Commission Staff(hereinafter "Staff') anticipate that parics to this proceeding may make requests to provide, or make available lor review, certain information, considered by its custodian to be ofa uade secret, privilegcd or confidential nature (as definedin 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 expeditc thc production ofdocumcnts; will afford the necessary protection to ldaho Power's and the undersigned panies' employees and/or representalives in Case No. IPC-E-19-32 who might review the information and subsequently be requested to reveal its contents by setting forth clear cut paramctcrs for use of Confidential Information, and will prolect Confidential lnformation which might be provided during thc course of the proceedings, now therefore, IT IS HEREBV STIPULATED AND AGREED AS FOLLOWS: l, (a) Contidcntial Informatigg All documents, dat4 information, studies and other materials furnished pursuant to any requests for information, subpoenas or othermodes ofdiscovery (formal or informal), and including depositions, that are claimed to be oftrade secret, proprietary or conftdcntial nature (herein referred to as "Confidcntial 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 confidenlial nature and printed on "yellof' paper. IDAPA 31.01.01.067. Any claim of confidentiality must be accompanied by an attomey's certificate that the material is protected by law from public disclosure and cite the specific legal authority to suppon the claim. IDAPA 31.01.01.233. RECEIVED ;ll9HOY29 All 9: ltr L SSION IPC.E.I9.32 PROTECTIVEAGREEMENT I (b)Protection of Conlidcntial lnformation Access to and review ofConfidential Information shall be strictly conuolled by the terms of this Agrcement. Unless otherwise ordered, Confidential Information, inctuding transcripts of depositions containing information to which a claim ofconlidentiality is made, shall remain under scal, shall continue lo be subject lo the protective requirements ofthis Agreement, and shall not be disclosed to individuals who have not executed the nondisclosure agreement set forth in Exhibit "A." (c)Usc of Confidcntial lnfo rmetion All persons who may be entitled to review, or who arc afforded access to any Confidential lnformation by reason olthis Agreement shall neither use nor disclose thc Confidential [nformation for purposes ofbusincss or competition, or any purpose other than the purpose ofprcparation for and conduct of the proceedings, and then solely as contemplated herein, and shall keep the Confidential Information securc as trade secret, confidential or proprietary information and in accordance with the purposcs and intent of this Agreement. (d)Persons Entitlcd to Rcvicw Access to Confidential lnformation shall be limited to counscl ofthe undersigned pa(ies, employccs, cxpens, agents or representatives of the undcrsigned parties who have executed an Exhibit "A" lo this Agreemcnt. Such inlormation will be clcarly marked and protected from unauthorized publ ic disclosure. (c) Non-disclosurcAgrccmcnt Confidential Information shall not be disclosed to any person who has not signed a non- disclosure agreemcnt on this form, which is attached hereto as Exhibit "A" and incorporated hcrein. The non-disclosurc agreement or Exhibit "A" shall require the person to whom disclosure is to be made to rcad a copy of this Protective Agreement and to certiff in writing that he or she has reviewed the samc and has consented to be bound by its terms. The Agreement shall contain the signatory's full name, permanent address and employer. Such agreement shall be delivercd to counsel for the providing party, before disclosurc is made. 2. Cooics No copies or transcriptions o[thc Confidential Information shall be made by the recipient cxccpt as ncccssary to make the information available to individuals who have exccuted an Exhibit "A" to this Protectivc Agreement. IPC.E.I9.]2 PROI'EC]'IVEAGREEMEN'T 2 3. Non-waiver of Obieclion 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 party to object to its relevance or admissibility in any procccdings before this Commission. 4, Challenee to Contidcntirlitv (a) Initial Challense This Protective Agrecment establishes a procedure for the expeditious handling of information that a party claims is con[idential. Any party may challcnge the characterization ofany information, document, data or study claimed by the providing party to be a trade secret, proprietary or confidential inlormation. A party seeking to challenge the confidentiality ofany information shall fitst contacl counsel for the providing pady and attempt to resolve any difference by stipulation. Resolution may include removing the confidential classifications, creating a non-confidential summary, reformatting the information, etc. (U) SCEgouentCbtIetrE ln the event that the parties cannot agree as to the character of the information challenged, any pany challenging the confidentiality may petition the Commission to rule upon the disputed information. The Petition shallbe served upon the Commissionand all parties to the case who have signcd an Exhibit "A" as provided in this Protective Agreement. The Petition shalldesignate with specificity the document or material challenged and state the grounds upon which the subject material arc dcemed to be non-confidential by the challenging party. (c) Challensc Hearine The challenging party shall request that the Commission conduclan iJlgamelg proceeding where only those persons duly authorized to have access to such challenged materials under this Protcctive Agreement shall be present. This hearing shall be commenced no earlier than five (5) business days after serving the Petition on the providing parry and the Commission. The record of lhe in camera hearing shall be marked "CONFIDENTIAL - Subjcct to Protective Agreement." To the extent neccssary, the transcript ofsuch hearing shall bc separately bound, segregated, sealed, and withheld from public inspcction by any person not bound by the terms of this Agreement. IPC.E.I9-]2 PROTECTIVEACREEMENT 3 (d) Determination The pa*ies will ask thc 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 (/da ho Code $g 74-l0l through 74-126). lf inlormation is found to be not cxempl from disclosure, no party shall disclose such challengcd material or use it in the public record, or otherwise outside thc proceedings lor at least five (5) business days unless the providing patty consents lo such conduct. This procedure enables the rcstrictions of this Agreemcnt from material claimed to be confidential. Such relief may be sought from the Commission or a court of competent jurisdiction. s. (a)Rcccipt Into Evidcncc Provision is hereby made lor receipt into evidence in this proceeding of materials claimed to be confidential in the following manne r: (l) lf the requesting pa(y intends to use Confidential lnformation or to make subslantive rcfercnce lo Confidential Information supplied to it under this Agreement, it shall give reasonable prior noticc ofsuch intention to thc providing party.rnd shall provide copies ofthe used Confidential lniormation or subslantive reference to Confidcntial lnformation only to the providing party, and such othcr partics, ifany, who have executed an Exhibit "A" to this Protective Agreement. (2) One (l) copy ofthe used Confidential lnformation or substantivc rcference 1o Confidcnlial lnlormation or sub,stantive refcrence to Confidential lnformation described in paragraph 5(a)( I ) shall be placed in the scaled record. (3) The copy ofthe documenls to be placed in thc sealed record 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) Scal While in the custody of the Commission, materials containing Confidential lnformation shall be marked "CONFIDENTIAL - SUBJECT TO ATTORNEY'S CERTIFICATE OF CONFIDENTTALITY" and shall not bc cxamincd by any person cxcept undcr the conditions set forth in this Agreemenl, if applicable. IPC.E.I9.32 PRO EC'TIVEACREEMENT 4 (c)In Camera H and TranscriDts Any Confidential Information that must be orally disclosed at a hearing in the proceedings shall be offcrcd at an in comera hearing, attended only by persons authorized to have access to the inlormation under this Protective Agreement. Similarly, any transcription of any examination or other reference to Confidential Information (or that portion ofthe record containing Confidential lnformation) shall be marked and treated as provided herein for Confidential Information. (d) Acccss to Record Access to sealed testimony, records, and information shall be limitcd to the Commission and persons who havc signed an Exhibit "A" as provided in this Protective Agreenrent, unless such information is released from the restrictions of this Agreement cither through agreemcnt of the parties or after notice to thc parties and hearing, pursuant to theorderofthe Commission and/or the final ordcr of a court having final jurisdiction. (e) Aoneal Should an appeal from 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 ofthe court. Ifa portion ofthe record is forwarded lo a court under seal for the purposes ofan appeal, the providing party shall be notiIied which portion of the sealed record has been designated by the appealing party as necessary to the record on appeal. 6. Use in Pleadines Where references to Confidential Information in the sealed record or with the custodian rs rcquired in pleadings, briefs, arguments, or molions (except 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 Inflormation contained therein. Any use ofor 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 ofrecord who have signed the nondisclosure agreemcnts sct forth in Exhibit "A" attached to this Protective Agreement, and may, in turn, be disclosed by them only to individuals who likewise signed Exhibit IPC.E.I9.32 PROTECTIVEAGREEMENT 5 7. Summarv of Rccord lf deemed necessary by the Commission, lhe 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. Rcturn or Dcstruction of Confidcntial Information (a) Upon request of the providing pafly, all original documents and copies of the Confidential lnformation shall be: (l) retumed to the providing pa(y; or (2) or at thc option ofthe recipient destroyed within thirly (30) days after the final settlcment or conclusion of thc proceedings, including administrative or judicial rcview thereof. After rctum or destruction of documents pursuanl to this paragraph, and upon rcqucst, a wtitten receipt veri$ing relum ordestruction shall be provided by counsel. (b) On a casc-by-case basis and upon notification to the utility, thc Commission Staff may retain one copy of the Conlidential Information under seal. Notwithstanding any other provision in this Agreemcnt, any member of Staffmay rcview and usc that copy of the Confidential lnformation outsidc this procecding while performing his or her duties as a Staffmcmber. Stalfs use and disclosure ofthe Confidential lnformation in a later Commission proceeding shall be subjcct to any protective agreement signed in the procceding. (c) Any notes maintained by a recipient of Confidential Information which embody or reflect anyofthe Confidential Information provided undcr this Agrecmcnt shall, upon requcstoflhe providing party, be either retumed to the providing party or, at the option ofthc recipient, destroyed. 9, Effcctivc Datc This Protcctive Agreement shall becomc cffective on the date hereof. IPC-E-I9.3], PROTECI'IVE ACREEMENT 6 DATED this l4'h day of November 2019. IDAHO POWER COMPANY H^Lq*or"r*--By, fisa o. Nordstror0 Idaho Power Company l22l West ldaho Street Boise, Idaho 81702 Attomey Representing Idaho Powcr Company IDAHO PUBLIC UTILITIES COMMISSION STAFF By c(lt (zo 1r Edrvard Deputy Attorney Ceneral Idaho Public Utilities Commission I I 331 W. Chinden Boulevard Building 8, Suitc 201-A Boisc, Idaho 83714 Attomey Repres€nting thc tdaho Public Utilities Commission Staff IPC.E.I9-32 _ PROTECTIVE AGREEMENT 7 EXIIIBIT "A" I have reviewed the foregoing Protective Agreement dated Novcmbcr 14, 2019, in Case No. IPC-E-19-32 and agree to be bound by the terms and conditions ofsuch Agreement. Signature / wn.^ Printcd N 7"( . PuL/,, Ofi ho fr--.n. Employer or Firm .t/P t -^1rlrV, @o,rn,G,;lr(,g*\J Business Address Party Date EXt' tlt] "A" f /z$. EXHIBIT "A" I have reviewed the foregoing Protective Agreement dated November 14, 2019, in Case No. IPC-E-t9-32 and agree to be bound by the terms and conditions ofsuch Agreement. Si ure Kol+tn^- L. S6d4?,--- Printed Name Jalr!" ?,,,1tt, tJ,h!'/,., () *,;*;,'-_ Employer or Firm B us)ness Address \(UJ (,m hr-t'55atru-;{-l 4D ulnlronD^t;--T-T EXHIBIT'A" Party EXHIBIT "A" I have reviewed the foregoing Protective Agreement dated Novcmber 14, 2019, in Case No. IPC-E-19-32 and agree to be bound by the terms and conditions ofsuch Agreement. Si Printed N e \trn, Employer or Firm ,!.drt- Busincss Addrcss Parly t,/rq/rt I)ate EXI IIBIT *A" EXHIBIT ..A" I have reviewed the foregoing Protective Agreement dated Novembcr 14,2019, in Case No IPC-E-I9-32 and agrec to be bound by the terms and conditions ofsuch Agreement. c,,r Signa i-gr(:-$Pflr) ltELLEry Printed Narne \?UL Employer or Firm ll 35 t XJ [-urpl)El.J l-SorsE \> Busincss Address Party rr lrsl rQ Date r I EXHtBtl'"A"