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HomeMy WebLinkAbout20200116Protective Agreement.pdfRECEIVED PROTECTIVEAGREEMENT .020 JAH \6 PM \2:55BETWEENIDAHOPOWERCOMPANYANDCIDAHOPUBLICUTILITIESCOMMISSIONSTAFF, ^ISSION (AND OTHER PARTIES AS APPLICABLE)CASE NO.IPC-E-19-40 This Protective Agreement is entered into this 2?day of December 2019 by Idaho Power Company ("Idaho Power")and the 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 trade secret,privileged or confidentialnature (as defined in Idaho 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 expedite the production ofdocuments;will afford the necessary protection to Idaho Power's and the undersigned parties'employees and/or representatives in Case No. IIPC-E-19-40 who might review the informationand subsequently be requestedto revealits contents by setting forth clear cut parameters for use of Confidential Information,and will protect Conlldential Information which might be provided during the course of the proceedings,now therefore, IT IS HEREBY STIPULATEDAND AGREED AS FOLLOWS: 1.(a)Confidential Information All documents,data,information,studies and other materials furnished pursuant to any requests for information,subpoenasor other modesof discovery (formal or informal),and including depositions,that are claimed to be of tradesecret,proprietary or confidentialnature (herein referred to as"Confidential lnformation")shall be so marked by the party or entityprovidingthe information by stamping the same whh a designation indicatingits tradesecret,proprietary or confidential nature and printed on "yellow"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 authorityto support the claim.IDAPA 31.01.01.233. IPC-E-19-40 PROTECTIVE AGREEMENT 1 (b)Protection of Confidential information Access to and review of ConfidentialInformation shall be strictlycontrolled by the terms of this Agreement.Unless otherwise ordered,Confidentia!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 protective requirements of this Agreement,and shall not be disclosed to individuals who have not executed the nondisclosure agreementset forth in Exhibit "A." (c)Use of Confidential Information All persons who may be entitled to review,or who are afforded access to any Confidential [nformation by reason of this Agreement shall neither use nor disclose the Confidential Information for purposesof businessor competition,or any purpose other than the purpose of preparation for and conduct of the proceedings,and then solelyas contemplated herein,and shall keep the Confidential Informationsecure as trade secret,confidentialor proprietary information and in accordance with the purposes and intent of this Agreement. (d)Persons Entitled to Review Access to Confidential Information shall be limited to counsel of the undersigned parties, employees,experts,agents or representatives of the undersigned parties who have executed an Exhibit "A"to this Agreement.Such information will be clearly marked and protected from unauthorized public disclosure. (e)Non-disclosure Agreement Confidential Information shall not be disclosed to any person 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 to be made to read a copy of this Protective Agreement and to certify 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 agreement shall be delivered to counsel for the providing party,before disclosure is made. 2.Copies No copies or transcriptions of the Confidential Information shall be made by the recipient except as necessary to make the information availableto individuals who have executed an Exhibit "A"to this Protcetive Agreement. JPC-E-1940 PROTECTIVE AGREEMENT 2 3.Non-waiverof Objection to Admissibility The furnishingof 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 party to object to its relevance or admissibility in any proceedings before this Commission. 4.Challenge to Confidentiality (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 of any information,document,data or study claimed by the providing party to be a trade secret,proprietary or confidential information.A party seeking to challenge the confidentialityofany 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 the information,etc. (b)SubsequentChallenge In the event that the parties cannot agree as to the character of the information challenged, any party challenging the confidentiality may petition the Commission to rule upon the disputed information.The Petition 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 the document or material challenged and state the grounds upon which the subject material are deemed to be non-confidentialby the challengingparty. (c)Challenge Hearing The challenging party shall request that the Commission conduct an in camera 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.The record of the in camera hearing shall be marked "CONFIDENTIAL-Subject to Protective Agreement." To the extent 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. [PC-E-19-40 PROTECTIVE AGREEMENT -3 (d)Determination The parties will ask the Commission to issue an Order determining whether any challenged information or material is not properly deemedto be exempt from public disclosure pursuant to the Idaho Public Records Act (IdahoCode §§74-101 through 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 procedure enables the restrictions of this Agreement from material claimed to be confidential.Such relief may be sought from the Commission or a court of competent jurisdiction. S.(a)Receipt Into Evidence Provision is hereby made for receipt into evidence in this proceeding of materials claimed to be confidential in the following manner: (1)If the requesting party intends to use Confidential Information or to make substantive reference to Confidential Informationsupplied to it under this Agreement,it shall give reasonableprior notice ofsuch intentionto the providing party and shall provide copies of the used ConfldentialInformation or substantive reference to Confidential Information only to the providing party,and such other parties,if any,who haveexecuted an Exhibit"A"to this Protective Agreement. (2)One (1)copy of the used Confidential Informationor substantive reference to ConfidentialInformationor substantive referenceto Confidential Informationdescribed in paragraph S(a)(1)shall be placed in the sealed record. (3)The copy of the documents to be placed in the sealed record shall be tenderedby counsel for the 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 Informationshall 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. [PC-E-19-40 PROTECTIVE AGREEMENT 4 (c)In Camera Hearing and Transcripts 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 to the information under this Protective Agreement.Similarly,any transcription of any examination or other reference to Confidential Information (or that portion of the record containing Confidential Information)shall be marked and treated as provided herein for Confidentia!Information. (d)Access to Record Access to sealed testimony,records,and information shall be limited to the 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 parties or after notice to the parties and hearing,pursuant to the order of the Commission and/or the final order of a court having final jurisdiction. (e)Appeal 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 informationand use of the court.If a portion of the record is forwarded to a court under seal for the purposes ofan appeal,the providing party shall be notified which portionof the sealed record has been designated by the appealing party as necessary to the record on appeal. 6.Use in Pleadings Where references to Confidential Information in the sealed record or with the custodian is required in pleadings,briefs,arguments,or motions (except as providedin Paragraph 5),it shall be by citation to title or exhibit number or some other description that will not disclose the substantive Confidential Information contained therein.Any use of or 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 of record who have signed the nondisclosure agreements set forth in Exhibit "A"attached to this Protective Agreement,and may,in turn,be disclosed by them only to individuals who likewise signed Exhibit "A". IPC-E-19-40 PROTECTIVE AGREEMENT 5 7.Summary of Record If deemed necessary by the Commission,the providing parties shall preparc 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 Informationshall be:(1)retumed to the providing party;or (2)or at the option of the recipient destroyed within thirty(30)days after the final settlementor conclusion ofthe proceedings, including administrative or judicial review thereof.After retum or destruction of documents pursuant to this paragraph,and upon request,a written receipt verifying retum or destruction shall be provided by counseL (b)On a case-by-casebasis and upon notification to the utility,the Commission Staff may retain one copy of the Confidential Information under seal.Notwithstanding any other provision in this Agreement,any member of Staff may review and use that copy ofthe Confidential Information outside this proceeding while performing his or her duties as a Staff member.StafTs use and disclosure of the Confidential Information 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 ConfidentialInformation providedunder this Agreement shall,upon request of the providing party,be either retumed to the providing party or,at the option of the recipient,destroyed. 9.Effective Date This Protective Agreemem shall become effective on the date hereof. IPC-E-19-40 PROTECTIVE AGREEMENT 6 DATED this 27 h day of December 2019. IDAHO POWER COMPANY By: Lisa D.Nordstro Idaho Power Company 1221 West ldaho Street Boise,Idaho 83702 Attomey Representing Idaho Power Company IDAHO PUBLIC UTILITIES COMMISSION STAFF Deputy Attomey General Idaho Public Utilities Commission 11331 W.Chinden Boulevard Building 8,Suite 201-A Boise,Idaho 83714 Attomey Representing the Idaho Public Utilities Commission Staff IPC-E-19-40 -PROTECTIVE AGREEMENT 7 DATED this day of January 2020. INDUSTRIALCUSTOMERS OF IDAHO POWER By:. Peter J.Richardson Attorney Representing the Industrial Customers of Idaho Power IPC-E-19-40 -PROTECTIVEAGREEMENT -8 EXHIBIT "A" I I have reviewed the foregoin8Protective Agreement daled this 276 day of December 2019 in Case No.IPC-E-19-40and agree to be bound by the terms and conditions of such Agreement. Kathy hoekt Public Utilities Commission Employer or Firm 11331 W.Chinden Blvd..Suite 201-A,Boise.ID 83714 Business Address Commission StafT Party Date / EXHIBIT"A" EXHIBIT "A" I have reviewedthe foregoingProtective Agreement dated this 2T*day of December 2019 in Case No.IPC-E-19-40and agree to be bound by the terms and conditions of such Agreement. entley Erda rm Public Utilities Commission Employer or Firm 11331 W.Chinden Blvd.,Suite 201-A.Boise.ID 83714 Business Address Commission StafT Party Date EXHIBIT "A" EXHIBIT "A" I have reviewed the foregoing Protective Agreement dated this 29 day of December 2019 in Case No.IPC-E-19-40and agree to be bound by the terms and conditions ofsuch Agreement. Michael Eldred Public Utilities Commiysion Employer or Firm I 1331 W.Çþinden Blvd.,Suite 201-A.Boise,ID 83714 Business Address Çommissign Staff Party Date EXHIBIT "A" EXHIBIT *A" I havereviewed the foregoing ProtectiveAgroment dated December27,2019,in Case No IPC-E-19-40 and agree to be bound by the terms and conditions ofsuch Agreement. Signature Printed Name C on Aho,9LLCEmployerorFirm 95 N 2,76 St Bom,W M762. Business Address Party 6 2,0 10 Date EXHIBIT"A" EXHIBlT "A" I have reviewed the foregoing Protective Agreement dated December27,2019,in Case No. IPC-E-19-40 and agree to be bound by the terms and conditions ofsuch Agreement. ature Printed Name Employer or Firm Businesid ss Party Date EXHIBIT"A"