20210415Protective Agreement.pdf

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PROTECTIVE AGREEMENT
BETWEEN
IDATIO POWER COMPANY ANI)
': -,,:t, li F!.!ll,nlG'..;'..,.r l!, F.r:!1.L, I
I _ ',: - '- :t: il'a|...,.| ||J: . -,' ,._, :i_;],::.itSUlCNIDAHO PUBLIC UTILITIES COMMISSION STAFF
(AND OTHER PARTIES AS APPLICABLE)
CASE NO.IPC.E-20.28
This Protective Agreement is entered into this I't day of March 2021 by ldaho Power
Company ("ldaho Power") and the ldaho Public Utilities Commission Stsff, and other parties as
applicable.
Recitals:
l. WHEREAS, Idaho Power and the ldaho Public Utilities Commission Staffanticipate
that parties to this proceeding may make rcquests to provide, or make available for review, certain
information, considerd by its custodian to be of a trade secret, privileged or confidential nature (as
defined in ldaho Code $$ 74-107 through 74-109 and 48-801).
2, WHEREAS, ldaho Power and the undersigned parties agree that entering into a
Protective Agreement will expedite 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-20-28 who might rcview the information and subsequently be requested to reveal is
contents by setting forth clear cut parameters for use of Confidential Information, and will protect
Confidential Information which might be provided during the course of the proceedings, now
therefore,
IT IS HEREBY STIPULATED AND AGREED AS FOLLOI#S:
l. (a) Conlidential Information
All documents, data, information, studies and other materials fumished pursuant to any
requests for information, subpoenas or other modes of discovery (formal or informal), and including
depositions, that arc claimed to be of trade secrct, 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 is trade secret, proprietary or confidential nature
and printed on "yellow" paper. IDAPA 31.01.01.067. Any claim of confidentiality must be
accompanied by an attorney's certificate that the material is protected by law from public disclosure
and cite the specific legal authority to support the claim. IDAPA 31.01 .01 .233.
IPC.E.2O.28 * PROTECTIVE AGREEMENT. I
(b) Protec{ion of Conlidential Information
Acccss to and review of Confidential lnformation shall be strictly controlled by the terms of
this Agreement. Unless otherwise ordercd, Confidential lnformation, including transcripts of
depositions containing information to which a claim ofconfidentiality is made, shall rcmain under
seal, shall continue to be subject to the protective requircments of this Agreement, and shall not be
disclosed to individuals who havc not executd th€ nondisclosur€ agr€ement set forth in Exhibit "A."
(c) Use of Conlidentlal Information
All persons who may be entitled to rcview, or who arc afforded accqss to any Confidential
Information by reason of this Agreement shall ncither usc nordisclose the Confidential Information
for purposes of business or competition, or any purpose other than the purpose ofpreparation hr and
conduct ofthc proceedings, and then solely as contcmplatcd herein, and shall keep the Confidential
lnformation securc as trade secrct, confidential or proprietary information and in accordance with the
purposcs and intent of this Agroement.
(d) Persons Entitled to Rcuieq
Acccss to Confidential lnformrtion shall be limited to counsel of the undersigned parties,
employees, experts, agents or rcpresentatives of the undersigned parties who have executed an
Exhibit "A" to this Agreement Such information will be clearly marked and protectod from
unauthorizcd public disclosure.
(e) Non-disclosurc Aercemcnt
Confidential lnformation shall not be disclosed to any pers{on who has not signed a non-
disclosure agreement on this form, which is attached hereto as Exhibit "A" and incorporated hercin.
The non-disclosure agrtement or Exhibit *A" shall require the person to whom disclosure is to be
made to rcad a copy of this Protective Agreement and to certi$ 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 shal! be delivered to
counsel for the providing party, before disclosure is made.
2. Cooies
No copies or transcriptions of the Confidential Information shall be made by thc recipient
except as necessary to makc the information available to individuats who have exeeuted an Exhibit
"A" to this Protective Agreement.
3. Non:lvaiver of Obiection to Admissibilitv
IPC.E'30.?8 - PROTECTIVE AGREEMENT. 2
The furnishing of any docurnent, 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
rclevance or admissibility in any proceedings before this Commission.
d, Challenee to Confidentialitv
(a) Initial Challenee
This Protective Agrcement 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 pmviding parly 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 stote the grounds upon which the subject
material are deemed to be non-confidential by the challenging party.
(c) Chatlense Hearins
The challenging party shall request that the Commission conduct an in canrglgproceeding
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 ln camem hearing shall be marked "CONFIDENTTAL - Subject to Protective Agreement.'n
To the extent necessary, the transcript ofsuch hearing shal! be separately bound, segregated, sealed,
and withheld from public inspection by any person not bound by the terms of this Agreement.
(d) Determination
The parties will ask the Commission to issue an Order determining whether any challenged
information or materia! is not properly deemed to be exempt from public disclosure pursuant to the
Idaho Public Records Act(ldaho Code $$ 74-l0l through 74-126). If information is found to be not
IPGE-20-28 . PROTECTIVE AGREEMENT . 3
exempt from disclosurc, no party shall disclose such challenged matcrial or use it in the public
rccord, or othenvise outsidc the proccedings 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 rclief may be sought from the Commission or a court of
compaent jurisdiction.
5. (a) Receiot Into Evidence
Provision is hereby made for rcceipt into evidence in this proceeding ofmaterials claimed to
be confidential in the following manner:
(l) lf thc requesting party intends to use Confidential lnformation or to makc
substEntive reference to Confidential lnformation supplied to it under this Agreemenl it shall give
rcasonable prior notice of such intention to thc pmviding party and shall provide copics of the used
Confidential lnformation or substantive rcfercnce to Confidential Information only to the prcviding
party, and such other parties, ifany, who have executcd an Exhibit "A" to this Protective Agreement
(2) One (l) copy of the used Confidential lnformation or substantive r€fercnst to
Confidential Information or srbstantive rcfercnce to Confidcntia! lnformatlon described in paragraph
5(aXl) shal! be placed in the sealed rccord.
(3) The copy ofthe documents to beplaced in the scsled rrcord shall betcndered by
counsel for the providing party to the Commission, and shall be maintained in accordance with the
terms of this Protective Agrcement.
(bl Seal
Whilc in the custody of the Commission, materials containing Confidentirl lnformation shall
be marked 'CONFIIIENTIAL - SUBIECT TO ATTORNEY'S CERTIFICATE OF
CONFTDENTIALITY" and shall not be examined by any percon cxccp under thc conditions sct
forth in this Agreement, if rpplicable.
(c) Ia Carrcra Heerins and Trrnscriots
Any Confidential lnformation that must be orally disclosed at a hearing in the prooeedings
shall be o atan iwhearing, attended only by persons authorized to havc access to the
information under this Protective Agrcemcnt. Similarly, atry transcription of rny examination or
other refer€nce to Confidentia! lnformation (or that portion of the record containing Confidential
lnformation) shall be marked and treated as provided hercin for Confidential Information.
IPC.E.2O.28 _ PROTECTIVE AGREEMENT . 4
(d) Access to Record.
Access to sealed testimony, r€cords, 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 rtleased 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 finaljurisdiction.
(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 of the court. If a portion of the record is fonvarded to
a court under seal for the purposes of an appeal, the providing parly shall be notified which portion
ofthe sealed record has been designated by the appealing party as necessary to the record on appeal.
6. Use in Eleaditre
Where references to Confidential lnformation 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 Information contained therein. Any use of or substantive references to Confidential
lnformation 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 tum, be disclosed by them only to individuals who likewise signed Exhibit
*A,.
7. Summon of Record
lf deemed necessary by the Commission, the providing parties shall prepare a wrinen
summary of the Confidential lnformation referred to in Orders to be issued to the public and the
parties.
8. Return or Destruction of Conlidential I4,fprmation
(r) Upon request of the providing party, all original documents and copies of the
Confidential lnformation shall be: (l ) rctumed to the providing party; or (2) or at the option of the
recipient destroyed within thirty (30) days after the final settlement or conclusion ofthe proceedings,
including administrative or judicial review thereof. After retum or destruction of documents
IPC.E.2O.28 - PROTECNVE AGREEMENT. 5
puniuant to this paragraph, and upon request" a written reccipt veriffing retum ordestruction shall be
provided by counsel.
(b) On a case-by-case basis and upon notification to the utility, thc Commission Staff
may retain onc copy of the Confidential lnformation under scal. Nonrithstanding any other
provision in this Agrecrnent any member of Staffmay review and use trat copy ofthe Confrdential
lnformation outsidc this proceeding while performing his or her duties as a Staffmember. Staf|s
use and disclosure of the Confidential Information in a later Commission proceeding shall be subject
to any pmtective agrcemcnt signed in the proceeding.
(c) Any notes maintaind by a recipient of Confidential lnformation which embody or
reflect any of the Confidential Inhrmation p:ovided under this Agrcement shall, upon rcquest ofthe
providing party, bc either rcturnd to the prov iding party or, at the option of the recipient destroyed.
9. Elfective Datc
This Protective Agrtement shall become effective on the dlte hereof.
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IPC.E.2O.28 .- PROTECT]VE AGREEMENT. 6
DATED this ln day of March 2021.
II}AHO POWER COMPANY
fuzdat4
By:
Donovan Walkcr
Idaho Power Company
l22l West ldaho Strcct
Boise, ldaho 83702
Attomey Representing ldaho Powcr Company
IDAIIO PI'BLIC I'TILITIES COMMISSION STAT'F
By:5}J*t)
rawerulEuLtl
Deputy Ahdmey Gencnal
Idaho Public Utilities Commission
I l33l W. Chindcn Boulcvard
Building 8, Suitc 201-A
Boisc,ldaho 83714
A$orncy Representing the
ldaho Public Utilities Commission Staff
IPC-E-20.28 - PROTECTIVE AGREEMENT. 7
DATEDeb l.[ dlyofMerch202l.
woolDtrtnno,u.c
By:a
C.ItonrtArkoosh
AnKOOSHLITWOmCBS
t02 w. Bannock sr guie LP lo3
P.O. Box 2rtX,
BoisorEi&ot370l
IF$&zttsr3 - PnorEfiWE AmEMEITT - r
DATED this -- day of Marchz0zl.
ENEL GREEN POWER NORTH AMERICA,INC.
By:
Grcgory M. Adams
Richardson Adams PLLC
5t5 N.27th Street
Boisc, lD 83702
Irc-E-20-28 * PROTECTIVE ACREEMENT. 9
DATED this lst dayof lvlarch 2021.
cEirTf,,AL RMRS FOWER US, LLC
a?6-.t*.
By:
PItstonN. Cartq
Givcos Purslcy LLP
601 W. Brnnock St
Boirs ID 83702
IPGE-20-28 - PROTECTI\,E AOREEMBT,|T - I 0
D#I[DB,,.3 &roftlsl@I.
IDETDMTSOCIAIf,S
thffio.CBoleeffr
DGiS.Ail- til0.rElnll Emlr' I r
EXHIBIT "A"
I have revierved tlte foregoing Protective Agreement dated March lsr. in Casc No. IPC-E-20-
28 and agrce to be bound by the tenns and conditions of such Agreement.
Printed Narne
fsAr+e ?r-\c-
Emplol'cr or Firm
Busincss Addrcss
( ,C*,rt\ r q. S r 5 rs Ef va.F (+
Partl
o3 oZ /Zs? \
Datc
E)iHIBIT*A'
EXHIBIT (A"
I have revierved the foregoing Proteclivc Agreement dated March I't. in Case No. IPC-E-20-
28 and agree to bc bound by the terms and conditions of such Agrecment.
)rrn, t nn) ork
Signature
Te$t Car)ooX
Printed Name
Tdar^n Ptr,bli,' ll*))l*aq (nrumisstort
Employcr or Finn
P}fuvg17,C,Mt se-AD fizaO-n7Y
Busincss Addrcss
FPW(- Sto.{$
Party
sltlaoat
Dnlc
EXHIBIT'A"
EXIIIBTT $A"
I have rcvicwed thc foregoing Protcctivc Agreement datcd March I n, in Carc No. IPC-E-20-
28 and agrrc to bc bound by thc tcrms and conditions of such Agucrnent.
?rtziadC tur*
SignaUre
MlchaelC. Louls
PrintcdName
ldaho Rtbllc Lltilltbs Commisslon
ErnploycrorFirm
P.O. Box 89720 Boisa, lD 8372&,m74
Busincss Addrus
Pafiy
3H2421
Date
EXHIBIT'A"
E(HIBIT I'A'
I hrvo revicwcd dre forcgoing Protcctive Agrocmont datcd March li, in Casc No. IPC-E-2S,'
28 and rgre to bc boud by thc tctms and conditions of such Agrcemart.
"ffiSignaturc
Yao Yin
PrintcdNemc
Haho Publh Utilities Commbsion
EmployerorFirm
Brsincss Addrcee
Party
3nna21
Datc
EXIIIEJT'A"
EXHIBIT..A'
lhavercvicwedthcforcgoingPrctcctiveAgrccmlntdatcdMrrch llinCascNo.IPC-EA0-
2t rnd tgrEc to bc bound by tlrc tcrms and conditions of such Agrccment.
Slgnature
Iohan Kalale-Kasanda
Pdnted Nrmc
Idaho Public Utilities Commission
Employeror Firm
I l33l W Chinden Blvd, Building 8, Sulte 201-A, Boise,ID 83704
Busincss Addnss
Commission Staff
Party
a)f,a
Dllc
EXHIBIT*A"
EXHIBIT..A"
I have revhwed thc forcgoing Prolectivc Agrccment doted March lo. in
28 and agrcc lo h bound by the terms and conditions ofsuch Agrccmcnt.
Rachellc Farnnronh
Printcd Namc
ldrho Public Utlliticc Commision
Employcror Firm
t l!31 lV Chinden Blvd, Bullding 8, Suitc 201-A, Bolse, ID 8J70{
Busincss Address
Commission Strff
Porty
Crrr(r.rPc-E-20-
/L,l
Datc
EXHIBIT'A"
EXEIBIT..All
I havc rcvicwcd thc forcgoing Pmtcctivc Agcanont derd March 11 in Casc No. IFC-82&
2t and .grcc !o bc bound by 0rc tams and conditlons of such AgrcmcnL
F
Signaturt
trQ-+r. f f?tr(a1-d sq
Printcd Namc
R,Ir*lr^ ,41^, (4tc
Employcr or Firm
Tts- ,tu.:,4V ?+ B.q€*r l')
Businas Addrcss 97fu)-
qd G,o,^l/",& A^n-r r.
Prfty
9l' l' 'Dete
E)OIIBTT "A'
EIGIBfI"A'
IbavsrerricuredthcforrcgoingPmtcctivaAgrocrreatd*cdMarch ldrinCaseNo.IPGB-2O-
28 and agr€c to bc bqnd by thc terms and oonditione of nrh Agrcemcnt
Randak Bafief,t
Signaturc
RendaldBardett
PrintcdNamc
Encl Grccn Porcr North Amcrica, lnc
EmploycrorFim
100 Brldstouc SqurrE, Sulte 3fi1Attdover IvtA 0t810
Busincss Ad&,css
End Grren Power Nortf, Arnerica, Inc.
Puty
Merch 2,2021
IhtE
E'OIIBIT"A'
EXIIBI?"AII
I hrvc rcvicrvcd thc forcgoing Protcctivc Agrccnrcnt datcd Mrch I r, in Crs t&. IFC-E-20-
2E md rgrlc !o be bound by hc trnrs rnd conditions ofarb Agrca rrgnl
Slgnsturr
Graa- Han*
Prlnlcd Namc
?-,t"ls, [)*, ?ur
Bmplopror Ftrm
$s N. 27n Sl Boisc,, lP $@
Buslnoss Addrcss
t* I N,'[h Amatca- - UsA
Puty
Zazl
thtc
BXHJBIT'AO
EXf,IBII"A'
Iiavc ruvicurcd thc forcgoing Pmtcctivc Agrcancnt dald Msrch ld, h CasoNo. IPC-F-2O-
28 aud agrcc to be bouod by tbe tcmr aod condifions of euch Agrecmeot
Alex Fitterslrus
Signaturc
Alexandcr Rlttcrchaue
PrintedName
Encl Grecn Porrcr North Amcrica,Inc.
Bmployer orFirrr
100 Bric.kstonc SqnarE, Sultc 300 Andover lvIA 01810
BusinegsAd&css
End Green Powcr Nortb Americg Inc.
Party
March 2,2U21
Datc
EXUIBIT%N
EXIIIBIT|.A''
I hnve rwiewed lhc fort3phg Plotodivc AgrGcluanft &bd tt&mh l*, in Crm No. lFGFrm-
2t rnd rgrcc to bc borrld by frc acmr ud eondidorc ofarb Afrcomat
PriaEdNtrni
( t)^^L L[^J,^ Lr.r
EryloycrorFirm {
Fa R." /trrs lJLtrll, t0
Bilincscadd--r*i
=37,.3
f l)*,1 il.^!,--
Pfrv
ltrI
Dd!
EtlltBrr"A'
DXEIBTT"A'
I bmrc rwistyod tho fwgrdng kmcdiw Aermt ddd M!rcb lr, io Crsc No. IPGE-Z{I-
23 ad lgruc b bc bond by tto tcmr md cud[ti,om of mdt Agncmcnt
EdnCEil
PrintodNrmo
A*m&trw Officce
EnployrtuFira
PO Bor 29fi1, Bobc, ID 8370I
&xius Ad&Gsr
WoodHydro,II,C
Party
yttzuil
Ihb
I'IHIBIT'A'
EI(HIBIT 't.A,"
I have reviewed the foregoing Protcctive Agrccment dated March lr, in CascNo. IPC-820-
28 and agrcc to be bound by the tcrms and conditions of such AgreernenlMM
Signature
Miriah Elliott
Printed Namc
Sorcnson Engineering
Ernployer or Firm
7l I E Turtle Point Drivq lvins, UT t47t8
Business Address
Wood Hydro, LLC
Party
3lrcn0zt
Date
ENflBIT"A"