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HomeMy WebLinkAbout20210512Protective Agreement.pdfPROTECTIVE AGREEMENT BETWE EN IDAHO POWER COMPANY AND IDAHO PUBLIC UTILITIES COMMISSION STAFF (AND OTHER PARTIES AS APPLICABLE) CASE NO.IPC-E-21-04 This Protective Agreement is entered into this 29th day of April 2021 by Idaho Power Company (Idaho Power”)and the Idaho Public Utilities Commission Staff,and other parties as applicable. Recitals: I.WHEREAS,Idaho Power and the Idaho Public Utilities Commission Staff anticipate 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 or confidential nature (as defined in Idaho Code §74-107 through 74-109 and 48-801). 2.WHEREAS,Idaho Power and the undersigned parties agree that entering into a Protective Agreement will expedite the production of documents;will afford the necessary protection to Idaho Powers and the undersigned parties’employees andlor representatives in Case No.IPC-E-21-04 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 vilI protect Confidential Information which might be provided during the course of the proceedings,now therefore, IT IS HEREBY STIPULATED AND AGREED 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 Confidentia1 Information”)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 “yellow”paper.IDAPA 3 1.01.01.067.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-21-04 PROTECTIVE AGREEMENT-I RECEIVED 2021May 12, PM 3:50 IDAHO PUBLIC UTILITIES COMMISSION (b)Protection of Confidential Information Access to and review’of Confidential Information shall be strictly controlled by the terms of this Agreement.Unless otherwise ordered.Confidential Information,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 Information 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 of preparation for and conduct ofthe 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 purposes 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 “A”to this Agreement.Such information will be clearly marked and protected from unauthorized public disclosure. (e)Non-disclosure Agreement 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 disclosure is to be made to read a copy of this Protective Agreement and to certify 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.Copies 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-21-04 I’RoFECrIVE AGREEMENT -2 3.Non-waiver of Obiection 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.Challenge to Confidentiality (a)Initial Challenge This Protective Agreement establishes a procedure for the expeditious handling of information that a party claims is confidential.Any party may challenge the characterization ofany 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)Subsequent Challenge 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)Challenge Hearing 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 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 iii camera hearing shall be marked “CONFIDENTIAI.J —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. (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 (Idaho Code §74-101 through 74-126).Ifinformation is found to be not IPC-E-21-04 —PROTECTIVE AGREEMENT -3 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 jurisdiction. 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 Confidential 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 “N’to this Protective Agreement. (2)One (I)copy of the used Confidential Information or substantive reference to Confidential Information or substantive reference to Confidential Information described in paragraph 5(a)(I)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 Information shall be marked “CONFIDENTIAL -SUBJECT TO ATTORNEY’S CERTIFICATE OF CONFIDENTIALITY”and shall not be examined by any person except under the conditions set forth in this Agreement,if applicable. (c)In Camera Hearin2 and Transcripts Any Confidential Information that must be orally disclosed at a hearing in the proceedings shall be offered at an in camera 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. IPC-E-21-04 PROTECTIVE AGREEMENT -4 (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)Appeal 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 of the sealed record has been designated by the appealing party as necessary’to the record on appeal. 6.Use in Pleadin2s 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 wilt 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 ParagraphS.This sealed section shall be sen’ed only on counsel of record who have signed the nondisclosure agreements set forth in Exhibit A”attached to this Protective Agreement,and may,in turn,be disclosed by them only to individuals who likewise signed Exhibit 7.Summary of Record If deemed necessary by the Commission,the providing parties shalt prepare a written summary of the Confidential Information referred 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 Information shall be:(I)returned to the providing party;or (2)or at the option of the recipient destroyed within thirty (30)days after the final settlement or conclusion of the proceedings, including administrative or judicial review thereof.After return or destruction of documents IPC-E-2 -04 PROTECTIVE AGREEMENT -5 pursuant to this paragraph,and upon request,a written receipt veriing return or destruction shall be provided by counsel. (b)On a case-by-ease 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 Staff may review and use that copy of the Confidential Information outside this proceeding while performing his or her duties as a Staff member.Staffs use and disclosure of the Confidential 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 ofthe Confidential Information provided under this Agreement shall,upon request of the providing party,be either returned to the providing party or,at the option ofthe recipient,destroyed. 9.Effective Date This Protective Agreement shall become effective on the date hereof. DATED this 29t11 day of April 2021. IDAHO POWER COMPANY on&btt By: ______________________________________ Lisa D.Nordstrom Idaho Power Company 1 22 I West Idaho Street Boise,Idaho 83702 Attorney Representing Idaho Power Company IDAHO PUBLIC UTILITIES COMMISSION STAFF By:________________________ Matt Hunter Deputy Attorney General Idaho Public Utilities Commission 11331 W.Chinden Blvd.,Bldg 8, Suite 20 I-A (83714) P0 Box 83720 Boise,Idaho 83720-0074 Attorney Representing the Idaho Public Utilities Commission Staff IPC-E-21-04—PROTECTIVE AGREEMENT6 DATED this 29h day of April 2021. INDUSTRIAL CUSTOMERS OF IDAHO POWER Peter J.Richardson Attorney Representing the Industrial Customers of Idaho Power IPC-E-21-04 —PROIECTIVE AGREEMENT -7 DATED this 3rd day of May 2021. IDAHO CONSERVATION LEAGUE By:_____ Benjamin J.Otto Idaho Conservation League Attorney TPC-E-21-04 —PROTECTIVE AGREEMENT -9 EXHIBIT “A” I have reviewed the foregoing Protective Agreement dated April 29.2021.in Case No.IPC E-21-04 and agree to be bound by the terms and conditions of such Agreement. 4 Signature Gregory M.Adams Printed Name Richardson Adams,PLLC Employer or Firm 515 North 27th Street,Boise,ID 83702 Business Address Industrial Customers of Idaho Power Party April 30,2021 Date EXHIBIT A’ EXHIBIT “A” I have reviewed the foregoing Protective Agreement dated ApriL 29,2021,in Case No.[PC E-21-04 and agree to be bound by the terms and conditions of such Agreement. Signature Gracc 1cvsc,n Printed Name àLmS I?LLC Employer or Firm N.l7 S sçP S37OL Business Address ‘op Party (‘tkb i 2ozi Date EXI-ITBIT A” EXHIBIT “A” I have reviewed the foregoing Protective Agreement dated April 29,2021,in Case No.IPC E-21-04 and agree to be bound by the terms and conditions of such Agreement. Employer or Firm Oo t2 641/;;?-rç Business Address i 4 i4t4?,a ren Party r”-’°i ROZI Date Signawre rm C Printed Name EXHIBIT “A” EXHIBIT “A” I have reviewed the foregoing Protective Agreement dated April 29,2021,in Case No.IPC-E-21-04 and agree to be bound by the terms and conditions of such Agreement. S47 Taylo(hornas Public Utilities Commission Employer or Firm 11331 W.Chinden Blvd.,Building 8,Suite 201-A Boise.Idaho 83714 Business Address Commission Staff Party 6_-3 -dod) Date EXHIBIT “A” EXHIBIT “A” I have reviewed the foregoing Protective Agreement dated April 29,2021,in Case No.IPC-E-2l-04 and agree to be bound by the terms and conditions of such Agreement. Public Utilities Commission Employer or Firm 11331 XV.Chinden Blvd..Building 8Suite 201-A Boise.Idaho 83714 Business Address Commission Staff Part)’ Date EXHIBIT “A” EXHIBIT “A” I have reviewed the foregoing Protective Agreement dated April 29,2021,in Case No.IPC-E-2 1-04 and agree lobe bound by the terms and conditions of such Agreement. ft Michael Eldred Public Utilities Commission Employer or Firm 11331 W.Chinden Blvd..Building 8Suite 201-A Boise,Idaho 83714 Business Address Commission Staff Party /oJai Date EXHIBIT “A” EXHIBIT “A” I have reviewed the foregoing Protective Agreement dated April 29,2021.in Case No.IPC-E-21-04 and agree to be bound by the terms and conditions of such Agreement. flA Ten-i Carlock Public Utilities Commission Employer or Fim I 1331 W.Chinden Blvd.,BuildingS.Suite 201A Boise.Idaho 83714 Business Address Commission Staff Party 5/io)oZl Date EXHIBIT “A” EXHIBIT “A” I have reviewed the foregoing Protective Agreement dated April 29,2021,in Case No.IPC-E-2I-04 and agree to be bound by the terms and conditions of such Agreement. Public Utilities Commission Employer or Firm 11331 W.Chinden Blvd..Building 8Suite 201-A Boise.Idaho 83714 Business Address Commission Staff Party /o%7 Date Mike LoWs EXHIBIT “A” EXHIBIT “A” I have reviewed the foregoing Protective Agreement dated April 29.202 I,in Case No.IPC-E-21-04 and agree lo be bound by the terms and condilions of such Agreement. /47 Brad Iverson-Long Public Utilities Commission Employer or Firm 11331 W.Chinden Blvd.,Building 8,Suite 201-A Boise.Idaho 83714 Business Address Commission Staff Party o/zI Date EXHIBIT “A”