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HomeMy WebLinkAbout20200624Protective Agreement.pdfPROTECTIVE AGREEMENT BETWEEN IDAHO POWER COMPANY AIYD IDAHO PUBLIC UTILITTES COMMISSION STAFF (AND OTHER PARTTES AS APPLTCABLE) cAsE NO. TPC-E-2tl-ls REC EIVEB iiSt,li.Fi 2L Plt 3: 58 '-.t.i:f i i'ijeLiC' . :. :-::' Cofo{l,tlssi€i{ This Protective Agreement is entercd into this 3ls day of March 2020 by ldatro Power Company ("Idaho Power") and the Idaho Public Utilities Commission Stafi and other parties as applicable. Recitals: l. WHER"EAS, Idaho Powsrand the ldaho Public Utilities Commission Staffanticipate 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 orconfidential nan"re (as defined in ldaho Code $$ 7+107 through 74-109 and 48-801). 2. WHEREAS, ldaho Power and the undersigned parties agree that entering into a Protective Agreement willexpedite theproduction ofdocuments;will afford the necessaryprotection to ldaho Power's and the undersigned parties' employees and/or representatives in Case No. IPC'20- l 5 who might review the information and subsequently be requested to reveal 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 AIYD AGREED AS FOLLOWS: l. (a) Confidential Information All documents, data, information, studies and other materials furnished pursuanl to any requests for information, subpoenas or other modcs of discovery (formal or informal), and including depositions, that are claimed to be of trade secret, proprietary or confidential nature (herein referred to as "Confidential lnformation") 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 printed on ')ellow" 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 support the claim. TDAPA 31.01.01.233. IPC-E-2GIs - PROTECTIVE AGREEMENT, I (b) Protection of Qonfidential lnformatio4 Access to and review of Confidential Information shall be strictly controlled by the terms of this Agreement. Unless otherwise ordered, Confidential lnformation, 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 shatt not be disclosed to individuals who have not executed the nondisclosure agreement set forth in Exhibit "A." (c) Usg of Conlidential Information All persons who may be entitled to review, or who are afforded access to any Confidential Information by reason of this Agreement shall neitlrer use nor disclose the Confidential Information for purposes of business or compe tition, or any purpose othe r than the purpose of preparation for and conduct of the proceedings, and then solely as contemplated herein, and shall keep the Confidential lnformation secure as tradc secret, confidential or prcprietary information and in accordance with the purposes and intent of this Agreement. (d) Persons Entitled to Reviery Access :o 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-dlsclosure.Asreeme4! 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 herein. The non-disclosure agreement or Exhibit "A" shall require the person to whom disclosurc is to be made to read a copy of this Protective Agreement and to certiff 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 shatl be delivered to counsel for the providing party, before disclosure is made, 2. Conies No copies 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-E-2o-I5 PROTECTIVE AGREEMENT. 2 3. Non-wriver of Obiectipn to Admlssibllitv The fumishing of any document, information, data, study or other materials pursuant to this Protective Agreement shall in no way lirnit or waive the right of the providing party to object to its relevance or admissibility in any proceedings before this Commission. 4. Challense to Confldentlality (a) Inltial Chrllenee 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 aoy 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 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 the information, etc. (b) Subseouent Challenee 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-confidential by the challenging party. (c) Challenqg Hearins The challenging party shall request that the Commission conduct an in canteraproceeding 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 parry and the Commission. The record of the in cantefa hearing shall be marked "CONFIDENTIAL - Subject to Protectlve Agreement." To the extent necessary, the transcript of such hearing shall be separately bound, segregated, seated, and withheld from public inspection by any person not bound by the terms of this Agreement. IPC.E.2O.I5 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 deemed to be exempt from public disclosure pursuant to the Idaho Public Records Act(ldaho Code$$ 74-l0l through 74-126).lf information is foundtobenot exempt from disclosure, no party shall disclose such challenged material or use it in the public record, or otherwise outside tlte proceedings for at least five (5) business daln unless the providing parly 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. 5. (a) Receiot IFto Evidence Provision is hereby made for receipt into evidence in this proceeding of materials claimed to be confidential in the following manner: (l) If the requesting party intends to use Confidential lnformation or to make substantive rcference to Confidential Information supplied to it under this Agreement, it shall give reasonable prior notice of such intention to the providing parry and shall provide copies of the used Confidential Information or substantive reference to Confidential lnformation onty to the providing party, and such other parties, if any, who have executed an Exhibit "A" to this Protective Agreement, (2) One (l) copy of the used Confidential Information or substantive reference to Confidential Information or substantive refercnce to Confidential Information described in paragraph 5(a)(l) shall be placed in the sealed record. (3) The copy of the documents to be placed in the sealed record shall be tendered by counsel for the providing party to the Cornmission, and shall be maintained in accordance with the terms of this Protective Ageement. (b) Seal While in the custody of the Commission, materials containingConfidential Information shall be marked *CONFIDENTIAL - suBJEcr ro ATTORNEY,S CERTIFICATE oF CONFIDENTIALITY" and shall not be examined by any person except under 0re conditions set forth in this Agreement, if applicable. IPC.E.2O.I5 .. PROTECTIVE AGREEMENT . 4 (c) In Camera Hearlne rnd Transcripts Any Confidential Information that must be orally disclosed at a hearing in the proceedings shall be offered at an in ca,nerghearing, 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 Confidential Information. (d) Access to Record Access to sealcd testimony, records, and information shall be limited to the Commissioa and penons 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 thc 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 flrnaljurisdiction. (e) Aopeel 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 of the court. If a portion ofthe record is fonvarded to a court under seal for the purposes of an appeal, the providing party shall be notified which portion of the sealed record has been designated by the appealing party as necessary to thc record on appeal. 6. Use i+ Plesdinss Where references to Confidential Information in the sealed 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 number or some other description that will not disclose the substantive Confidential lnformation contained therein. Any use of or substantivc references to Confidentinl 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 agreements set forth in Exhibit "A" attBched to this Protective Agreement, and may, in tum, be disclosed by them only to individuals who likewise signed Exhibit ..Art, IPC.E-2o.I5 . PROTECTIVE ACREEMEM . 5 7. $ummrrv of Becord 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 Destructign of Confidentlal Informa.tlon (a) Upon request of the providing party, all original documents and copies of the Confidential Information shall be: (l) returned to the providing party; or (2) or at the option of the recipient destroyed within thirty (30) days after the final settlement orconclusion ofttre proceedings, including administrative or judicial review thereof. After return or destmction 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-case basis 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 Staffmay review and use that copy of the Confidential Information outside this proceeding while performing his or her duties as a Staffmember. Staffs use and disclosure of the Confidential lnformation in a laterCommission 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 Confidential Information provided under this Agreement shall, upon request of the providing party, be either retumed to the providing party or, at thc option of the recipient, destroyed. 9. Effective Date This Protective Agreement shall become effective on rhe date hereof. lt lt il IPC-E.2o.I5 - PROTECTTVE AGREEMENT. 6 DATED this 3lst day of March 2020. IDATIO POWER COMPANY By:,€; P Y^l'lrr-*, Lisa D. Nordstrom Idalro Power Company l22l West ldaho Srreet Boise,ldaho 83702 Attorney Representing ldaho Power Company IDAHO PUBLTC UTILITIES COMMISSION STAEF Dayn Hardie Depug Attorney General Idaho Public Utilities Commission I I 331 W, Chinden Boulevard Building 8, Suite 201-A Boise,ldaho 83714 Attorney Representing the ldaho Public Utilities Commission Staff IPC.E2O.I5 .. PROTECTIVE AGREEMENT .7 DATED tnis J?h aay of Aprit 2o?n. II'AEO PUMPERS ASSOCIATION, rNC. By: Attomoy Rcprosonting tho ldaho Inigatiur Rrmprs Assooirtion, Inc. INC.E.2O.I5 - TRO:IESI'I\IE AGREEMENI' . 8 DATED rha, m or Apri! zo2o. UTTDUSTRIAL CUSTOMERTI OF IDAIIO POWER By: J. Attorney Rcprcscnting thc lndustrial Customers of Idrho Power Irc.E.zO-I 5 - PROTECTIVE AGREEMENT . 9 DArED *-|!.un* /ly xno. IIIAIIO CONM\YATION LEAGT'E By:fr, /<'- BcojainJ. (}o ^Atnmcy Rogltadry 6c Hrb Coscntuim l.cogrr IFC.E2O.I5 - PRqIEgTIvE ACREEMENT . IO DATEDthis 7th dayof May. 2020. CITY OF BOISE CTTY ry1,,,e By: Abigail R. Gennaine AttomeyRcpresenting the Cityof Boise City IPC-E.20.I5 - PROTECTIVE AGREEMENT. I1 EXHTBIT "A" I have rcvicwcd lhe forcgoing Pmtcctiw Agrecmentdatcd rmnor , g, 202e in Casc No. IPC-E-20-I5 and ngrec to bc bouod by$c tcnrcsrd conditions of nrdr AgrtcgtcnL rLrs*ArL:> lt-EuEtz Printcd Nomc RrBuc ullJIEs corailsslolt Emplopr or Firm rr$r w. cHl{oEil 8Lt/D, BUtt^Dtlito t. stxlE 201-A 8olsE !o to?r.t Bruincer Addrtlg ooi,llrsslot{ STArF Party 4 @ Date EXHIBIT.A" EXHIBIT ..A' I have reviewed the foregoing Protective Agrecmcnt dated aprit , N 2020, in Case No. IPC-E-2O-15 and agree to be bound by the tcrms and conditions of such Agrccment. T/aiy{a./ C tuu,z Signature MichaelC. Louis Printed Name ldaho PUG Employcr or Firm P.O. Box 83720 Boise, lD 83720-0074 Business Addrcss Party 4/1n020 Date EXHIBIT*A" EXIIIBTT "A' I have rcviewcd thc foregoing Protectivc Agreenrent dated E-2G15 and agree to bs bound by the tems and conditions of such Agrcemcnu Irann- I Signature f)onn -I, Enolirh Name Idehn Frrhlia I litics Commission Employer or Firm tI33l W eh Blvd.^ Suite 201-A- Boise- If)83714 Business Addrcss Commissinn Party Anril l- 2020 Datc II ,2020 in Casc No. IPC- Exhibit "A' EXHIBIT "A'' I have reviewed the foregoing Protective Agement datcd April J,2020, in Case No. IPC-E-20-15 and agree to be bound by the terms and conditions of such Agreement. AraAarL I c-/u<a,ur/ar+ Signatur6 v Brad lvErson-Long Printed Narne ldaho Publlc Utilities Commission Employer or Firm 11331 W. Chinden Blvd. Building 8, Suite 2AfA Boise, lD 83714 Business Address Commission Staff Party 411120 Date EXHIBIT.A" EXHIBIT '3A' I have reviewed the foregoing Protective Agreernent 6u1r6 APril 28,zozo,in Case No. IPC-E-20-15 and agree to be bound by the terms and conditions of such Agreement. C,rL Gregory M. Adams Printed Name Richardson Adams, PLLC Employer or Firm 515 North 27th $treet, Bolse, lD 83702 Business Address tctP Party April28, 2O2O Date EXHIBIT'A" EXHIBIT "A' I have reviewed the foregoing Protective Agrccmcnt dated Apri\3onh 2020, in Case No. IPC-E-20-I5 and agree to be bound by the tcrms and conditions of such Agrcenrent. Signature 6cou* Hansrn Printed Name L'r\-til 5on h)."s T\Jx., fr\- t Employeror Firm Sls \l l,l n St Business Addrcss ld,plnn\ C"hrul t- llo\n h,r Psrty Hlwl uu Date EXlllBlT'A" EXHIBIT *A" I have reviewed the foregoing Protective Agreement aatea Y.Tch 3l , 2020, in Case No, IPC-E-20-15 and agree to be bound by the terms and conditions of such Agreernent. Signature Steve Burgos Printed Name City of Boise - Director of Public Works Employer or Firm PO Box 500, Boise,lD 83701 Business Address Intervenor, City of Boise Party 5lt3l20 Date EXHIBIT*A" EXHIBIT "A" I have reviewed the foregoing Protective Agreement dated March 31 2O20,in Case No. IPC-E-20-15 and agee to be bound by the terms and conditions of such Agreernent. 5L{*Lu Signature Steve Hubble Printed Name City of Boise - Public Works Deputy Environmental Mgr Employer or Firm PO Box 500, Boise, ID 83701 Business Address Intervenor, City of Boise Party 6nn0 Date EXHIBIT "A" EXHIBIT'A" I have reviewed the foregoing Protective Agreement dated March 3l 2020, in Case No. IPC-E-20'15 and agree to be bound by the terms and conditions of such Agreemcnt. UW*M Signature Michelle Steel Printed Name City of Boise - Legal Employer or Firm PO Box 500, Boise,lD 83701 Business Address Intervenor, City of Boise Party 5t7na20 Date EXHIBIT'A"