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HomeMy WebLinkAbout20201022Protective Agreement.pdfj';; '.ii!*j[!] PROTECTIVE AGREEMENT BETWEEN IDAIIO POWER COMPANY ANI) IDAHO PUBLIC UTILITIES COMMISSION STAFF (AND OTHER PARTIES AS APPLICABLE) CASE NO.IPC.E-20.32 : ':--T iZ Pll l?r 52 This Protective Agreement is entered into this 25th day of September 2020by 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 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 atrade secret, privileged or confidential nature (as defined in ldaho Code $$ 74-107 through 74-rc9 and 48-801). 2. WHEREAS, Idatro 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. IPC-E-20-32 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 HEREBY STIPULATED AND AGRJED AS FOLLOWS: 1. (a) Confidential Information All 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 claimed to be of trade secret, proprietary or confidential nature (herein referred to as "Confidential Information") shall be so marked by the party or cntity providing the information by stamping the same with a designation indicating its nade secret, proprietary orcon{idential nature and printed on '!ellod' 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. IDAPA 31.01.01.233. IPC-E-20-32 - PROTECTIVE AGREEMENT - I *i};#:t (b) Protection of Conlidential Information 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 shall not be disclosed to individuals who have not executed the nondisclosure agreement set forth in Exhibit *A." (c) Use of Confidential Informrtion All persons who may be entitled to review, or who are afforded access to any Confidential Information by reason of this Agreement shall neither use nor disclose the Confidential Information for purposes ofbusiness or competition, or any purpose other than the purpose ofpreparation for and conduct of the proceedings, and then solely as contemplated herein, and shall keep the Confidential Information secure as trade secret, confidential or proprietary information and in accordance with the pulposes 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 'oA" to this Agreement. Such information will be clearly marked and protected from unauthorized public disclosure. (e) Nondisclosure Agreemcnt Confidential Information shall not be disclosed to any person who has not signed a non- disclosure agreement on this fonn, which is attached hereto as Exhibit 'oA" and incorporated herein. 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 certifu 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. 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.32 _ PROTECTIVE AGREEMENT - 2 3. Non-waiver of Obi$ction to Admissibility The furnishing of 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. Chrllenee to Confidentiality (a) I?ilial Challen* 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 hade secret, proprietary or confidential information. A party seeking to challenge the confidentiatity 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) SubseouentChallenge In the event that the parties cannot agree as to the character of the information challenged, any parly 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) Challenee Hearins The challenging party shall request that the Commission conduct an tn 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 commenccd no earlier than five (5) business days after serving the Petition on the providing parry and the Commission. The record of the in camera hearing shall be marked *CONFIDENTIAL - Subject to Protective Agreement." To the extent necessary, the transcript of such hearing shall be separately bound, segregated, sealed, and withheld from public inspection by any person not bound by the terms of this Agreement. IPC.E-20-32 _ PROTECTIVE AGREEMENT - 3 (d) Determinstion 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 Idalro Public Records Act (Idaho Code $ $ 7 4-l0l through 7 4-126). 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) 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 Confrdential Information or to make substantive reference to Confidential Information supplied to it under this Agreement, it shall give reasonable prior notice of such intention to the providing party and shall provide copies of the used Confidential Information or substantive reference to Confidential Information only to the providing party, and such other parties, if any, who have executed an Exhibit'4" to this Protective Agreement. @ One (l) copy of the used Confidential Information or substantive reference to Confidential Information or substantive 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 tendered 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 the Commission, materials containing Confidential lnformation shall be marked "CONf,'IDENTIAL - SUBJECT TO ATTORNEY'S CERTIFICATE OF CONFIDENTIALITY' and shall not be examined by any person except under the conditions set fonh in this Agreement, if applicable. IPC.E.2O-32 _ PROTECTIVE AGREEMENT . 4 (c) Iz Carnera Hearins and Transcripts Any Confidential Information that must be orally disclosed at a hearing in the proceedings shall be offered atanin cgmera hearing, attended only by persons authorized to have access to the information under this Protective Agreement. Similarly, ffiy 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 restictions of this Agreement either through agreement of the parties or after notice to the parties and hearing, pursuant to the order ofthe Commission and/or the final order ofa court having final jurisdiction. (e) Apoeal 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 ofthe court. If a portion ofthe record is forwarded 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 designatcd by the appealing pafiy 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 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 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 tum, be disclosed by them only to individuals who likewise signed Exhibit ..Arr, IPC-E-20-32 _ PROTECTIVE AGREEMENT - 5 7, Summarv of Reeord If deemed necossary by the Commission, t}re providing parties shall prepare a written summary of the Confidential Information refened 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 lnformation shall be: (l) retumed 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 retwn or dsstruction of documents pursuant to this paragraph, and upon reques! a written receipt verifring return or destuction 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 Coufidential Information under seal. Notwithstanding any other provision in this Agreement, any member of Staffmay review and use that copy of the Conf,rdential Information outside this proceeding while performing his or her duties as a Staff member. Staff s use and disclosure of the Confidential lnformation 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 ofthe Confidential Information provided under this Agreement shall, upon request ofthe providing party, be either retumed to the providing party or, at the option of the recipient destroyed. 9. Effective Date This Protective Agreement shall become effective on the date hereof. il t/ ll il il il l/ il IPC.E.2O.32 - PROTECTIVE AGREEMENT - 6 DATED this 25fr day of September 2020. IDAIIO POWER COMPAI\TY &L "0?("**r.-*,By: Lisa D. Nordstrom Idaho Power Company l22l West Idatro Sheet Boise,Idaho 83702 Attorney Representing Idaho Power Company IDAHO PT]BLIC UTILITIES COMMISSION STATT' By: J Hammond, Jr. Attorney General Idatro Public Utilities Comnrission I1331 W. Chinden Boulevard Building 8, Suite 201-A Boise,Idalro 83714 Attorney Representing the Idaho Public Utilities Commission Staff IPC.E.2O.32_ PROTECTIVE AGREEMENT - 7 EXHIBIT "A'' I have reviewed the foregoing Protective Agreement dated September2S, 2020, in Case No. IPC-E-20-32 and agrce to be bound by thc tcrms and of such Agreemcnl. D or..r t lT. €trLr r.rLl Printed Name =SA C, r.-Q.r.ee , a+1t a.?1,a. I ,3 .&r-qr{ Employer or Firm I t-!l.r lo zr,mru or.' Barrr, d 2., t 'A [6orr&. I, 83"11 Busincss Address fFcr q- Party q. zx - il-tizb Date EXHtBt"r"A" E'ilIIBIT (AI' I have rcviewed theforegoing ProtcctiveAgecnrentdated Septembe rS"Zmarin CascNo. IPC-E-20-32 and agrec to bc bound by tlre terms and conditions of such Agrcement Signature frr.-,," -TD,*J *^ PrintedName EmployerorFirm ll 33t vrt- CA,.^J Ervn. tuG g 'S,-r*e-eot-n BwinessAddr€Es Borsr_- r :=oar.ro b\ril \ Uommissinn S,taff Party q'A8 Aop-o Date EXHIBIT'A, EXHIBIT "A' t have rcviewed thc foregoing Prorcctive Agrccment dated Scptemberlj 2020, in Case No. IPC-E-20-32 and agree to be bound by tlrc tcrms and conditions of such Agreemenl \I I ),^Jr i i! ,1_ Signature ,-ir {:J;o-iT-i) ,*€Ut-&}?* Printcd Name \D,lrPlc> ?.,:C- Employcr or Firm lt1j i w/ t:r;lp?#r"\ ilLJr> lurrL ft)l-F BusincssAddrcss E$,rg#, rD &-'6.il0 br"AFtr PErty qlte,i *,, Date EXHIBIT"A" EXHIBIT ..A'' I have reviewed the forcgoing Protective Agreement dated September g, 2020, in Case No. IPC-E-2&32 and agree to be bound by the terms and conditions of such Agreement. Kathy Stockton Printed Name Idaho Public UtiliUes Commission Employcr or Firm t l33l W. Chindcn Blvd., Building 8, Suite 201-A. Boise, ID g37l,l Buirrcss Addrcss Commission Staff Party Date EXHIBIT"A" EXHIBIT I'A'' I havc reviewcd the foregoing Protcctive Agrcement dated Scptcrnbcr {2oZOZO,in Casc No. IPC-E-20-32 ard agrec to be bound by the terms and conditions of such Agreemenl Signature PrintcdNarne ful.l'o P tt, C Employeror Firm I tr+t w . Chi nlail }rrtl :, St . tro I -I, P,0 i.(c,, lD $3?l + Busirrcss Address 5+l($ , Psrty o Za D*e EXHIBIT'A" EXHIBIT "A' I have reviewed the foregoing Protective Agreement dated September ffiZOZO,in Case No. IPC-E-20-32 ond agrce to be bound by thc tcrms and conditions of sush Agrcemcnl il/e/lp e, /-aL.u{- riinr6a Narne- 1' or Firm Itlo{ W {,Lridr vr Ahr4r, lt . 201-4. Eoi$l+lD f,trt|4 Busincss Address ea alu lss/aro s 'f ttrF Party /a /rA Date EXHIBI.T*A"