HomeMy WebLinkAbout20200903Protective Agreement.pdfPROTECTTYE AGREEMENT
BETWEEN
IDAHO POWER COMPAI{Y AND
IDAHO PUBLIC T]TILrTIES COMMISSION STAIT'
(AND OTIIER PARTIES AS APPLICABLE)
cAsE NO. IPC-E-20-29
This Protective Agreement is entercd irrc U&uyof September 2020 by Idaho Power
Company ("Idaho Power") and the Idaho Public Utilities Commission Staff, and other parties as
applicable.
Rmitals:
l. WIIEREAS, Idaho Power and the Idaho Public Utilities Commission Staff anricipare
that parties to this proceeding may make rcquests to provide, or make available for review, certain
information, considered by its custodian to be of a trade secret, privileged or confidential nature (as
defined in ldaho Code $$ 7+lO7 through 74-109 and 48-801).
2. WHEREAS, Idaho Power and the undersigned parties agree that entcring into a
Protective Agreement will expedite the production of documents; will affo;d the necessary
protection to Idaho Power's and the undersigned parties' employees and/or representatives in Case
No. IPC-E-2G29 who might review the information and subsequently be requested to reveal its
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 IIEREBY STIPTJLATED AND AGRDED AS FOLLOIVS:
1. (a) Confidential Information
AII documents, data, information, studies and other materials furnished pursuant to any
requests for information, subpoenas or other modes of discovery (formal or informal), and including
depositions, that are clairned to be of trade secret, proprietary or confidential nature (herein refened
to as "Confidential Information") shall be so marked by the party orentity providing the information
by stamping the same with a designation indicating its trade secret, proprietary or confidential nature
and printed upon "yellow" paper IDAPA 31.01.01.067. Any claim of confidentiality must be
accompanied by an attorney's ceftificate 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-20-29 * PRO]ECTM ACREEMETIT - I
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(b) Protection -oJ 9p, nfidential Information
Access to and review of Confidential Information shall be strictly controlled by the terms of
this Agreernent. Unless otherwise ordercd, Confidential lnformation, including transcripts of
depositions containing information to which a claim of confidcntiality 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 agreernent set forth in E;rhibit "A."
(c) Use of Contidential Information
All persons who may be entitled to review, or who arc afforded acsess to any Confidential
Information by reason of this Agreement shall neither use nor disclose the Confidential Information
for purposes of business or competition, or any purpose other than the purposc of prcparation for and
conduct of the proceedings, and then solely as contemplated herein, and shall keep the Confidential
Information secure as trade secret, confidential orproprietary information and in accotdance with the
purposes and intent of this Agreement.
(d) Persons Entitled to Revlew
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 disclosurc.
(e) NondisclosureAsreeqent
Confidential Information shall not be disclosed to any person who has not signed a non-
disclosurc 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
rcviewed 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 delivercd to
counsel for the providing party, before disclosure is made.
2. Copies
No copies or transcriptions of the Confidential Informntion shall be made by the rccipient
except as necessary to make the information available to individuals who have executed an Exhiblt
"A" to this Protective Agreement.
3. Non-woiver of Obiection to Admissibilitv
IPC-E-20-29 . PROTECTIVE ACREEMENT. 2
The furnishing of any document, information, data, study orother rnaterials 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. Glullenee to Conlidentialitv
(a) Initisl Challenqe
This Protective Agreement establishes a procedure for the expeditious handling of
information that a party claims is confidential. Any pafiy may challenge the characterization of any
information, documentn data or study claimed by the providing party to be a trade secret, proprielary
or confidential information. A party seeking tochallenge the confidentiality of any 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) SubsequentChallense
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 Agrcement. 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+onfidential by the challenging party.
(c) Challense Hearins
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 shatl 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 canrcra hearing shall be marked "CONtr'IDENTIAL - SubJect to Protective Agreement."
To the extent flecessary, the transcript of such hearing shall be separately bound, segregated, sealed,
and withheld from public inspection by any person not bound by rhe terms of this Agreement.
(d) Determination
IPC-E-20-29 - PROTECTIVE AGREEMEIIT - 3
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 disclosurc pursuant to the
Idalro Public Records Act {Idaha Coda $$ 7+ l0 I through ?& 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 j urisdiction.
5. (a) Receiot Into Evidence
Provision is hereby made for receipt into evidence in this proceeding of materials claimed to
be confidential in the following manner:
(f) If the rcquesting party intends to use Confrdential Information or to make
substantive reference to Confidential Information supplied to it under this Agreement, it shall give
rcasonable prior notice of such intention to the providing party and shall provide copies of the used
Confrdential Information or substantive reference to ConFrdential lnformation only 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 substmtive reference to
Confidential Information orsubstantive reference 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 tendercd by
counsel for the providing party to the Commission, and shall be maintained in accordance with the
terms of this Protective Agreement.
(b) Seal
While in the custody of thc Commission, materials containing ConFrdential Information shall
be marked "CONFIDENTIAL - SUBJECT TO ATTORI{EY'S CERTIFICATE OF
CONflDENTIALITY" and shall not be examined by any pemon except under the conditions set
forth in this Agreement, if applicable.
(c) In C,g,mera Ilearins and Transcripts
IFC.E-2G29 - PROTECTIVE AGREEMENT . 4
Any Confidential Information that must be orally disclosed at a hearing in the proceedings
shall be offercd al an in canrcro 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 Confidential 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) 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 forwarded to
a court under seal for the purposes of an appeal, the providing party 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 Plesdines
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 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 puffiuant 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
*Arn,
1. Summary ofBecord
IPC-E-20.29 * PROTECTIVE ACREEMENT. 5
If deemed necessary by the Commission, the providing parties shall prcpare a written
summary of the Confidential lnformation referred to in Orders to be issued to the public and the
parties.
8.
(a) Upon request of fte providing pffiy, all original documents and copies of the
Confrdential 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 settlcment orconclusion of the proceedings,
including adminisrative or judicial review thercof. After return or destruction of documens
pursuant to this paragraph, and upon rcquest, a written receipt veri$ing rcturn ordestruction shall be
provided by counsel.
O) On a case-by-case basis an{ 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 nremberof Staffmay rcview and use thatcopy of the Confidential
Information outside this proceeding while performing his or her duties as a Staff member. Staffs
use and disclosurc of the Confidentiat 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 Confidential Information provided under this Agreement shall, upon request of the
providing party, be either rcturned to the providing party oq at the option of the rccipienl destroyed.
9. E@te
This Prolective Agreercnt shatl become effective on the date hereof.
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IPC-E.20.29 - PROTECTIVE ACREEMEM. 6
DATED ,Hr{d^yof Septembe r 2ooo.
IDAHO POWER COMPANY
By,-frLlYr*+^-*,
Lisa D. Nordstrom
Idaho Power Company
l22l West Idaho Street
Boise,Idaho 83702
Attorney Representing Idaho Power Company
IDAHO PI]BLIC UTILITTNS STAFT
Dayn
Deputy Attorney General
Idaho Public Utilities Commission
I l33l W. Chinden Boulevard
Building 8, Suitc 201-A
Boise,Idaho 83714
Attorney Representing the
Idaho Public Utitities Commission Staff
IFC.E.2O.29 - PROTECTIVE AGREEMEM - 7
EXHIBIT (A"
I have reviewed the foregoing Protective Agreement dated Septembe, lt ZOZO, in Case No.
IPC-E-20-29 and agree to be bound by the terms and conditions of such Agreement.
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EXHIBIT'(A''
I have reviewed the foregoing Protective Agreement dated septernb ,r#r*0, in Case No.
IPC-E-20-29 and agree to be bound by the terms and conditions of such Agreement.
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EXHIBIT ..A"
I have rcviewed the foregoing Protective Agreement dated Septembe ,@lOZa,in Case No.
IPC-E-20-29 and agrce to be bound by the terms and conditions of such Agreement.
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