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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 rtf;iltlVfr* :*Iil $fr -3 PH ?,39 4-! ir l-4;,.r *.',ij I jJ;iL;t-, :-.-1 l'.-i, ir-5 (l*irihii$Sff}$t (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. lt il ll lt il il u il 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. [^"4 Signature (-r raris -ff^ J u-,^ Printed Name A? UC_, Employer or Firm 33 W Business Address 6 uvo v,aol -A o 03,il, Party g- l-09c> Date EXHIBIT'A" 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. a s Printed Name 3r4r4 Employur or Firm Business AddressZa// Borne, k fSlza ,Dtt. f /a /r Party -7-7 /Zo-,o/ glt/zazd Date' /---' EXHTBIT"A'' 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. a rinted Nanre IPUC, Employer orFirm I nte vr Business Addrcss bA l$f/, lD r lPuc EmFr Party q LO Date EXHIBIT"A''