HomeMy WebLinkAbout20210728Protective Agreement.pdfPROTECTIVE AGREEMENT
BETWEEN
IDAHO POWER COMPANY AND
IDAHO PUBLIC UTILITIES COMMISSION STAFF
(AND OTHER PARTIES AS APPLICABLE)
CASE NO.IPC.E-21.17
This Protective Agreement is entered into this 23'd day of June 202l,by Idaho Power
Company ("ldaho Power'o) and the Idaho Public Utilities Commission Staft and other parties as
applicable.
Recitals:
1. 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 ldaho 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 Power's and the undersigned parties' employees and/or representatives in Case
No. IPC-E-21-17 who might review the information and subsequently be requested to reveal its
contents by setting forth clear cut parameters for use of Confidential lnformation, and will protect
Confidential lnformation which might be provided during the course of the proceedings, now
therefore,
IT IS HEREBY STIPI.'LATED AND AGREED AS FOLLOWS:
l. (a) Confidential 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 are claimed to be of trade secret, proprietary or confidential nature (herein referred
to as "Confidential Information") shall be so marked by the pafty or entity providing the information
by stamping the same with a designation indicating its trade secret, proprietary orconfidential 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.
, -. . a'l r-'ti
:.", -r-i- i.J Pli L:'32
IPC-E-2I-I7 _ PROTECTIVE AGREEMENT. I
(b) Protection of Confidential Information
Access to and review ofConfidential lnformation 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
lnformation 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 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
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-disclosureAsreement
Confidential lnformation 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 certit/ 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 parry, 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.2I-17 * PROTECTIVE AGREEMENT - 2
3. Non-waiver of Obiection to Admissibilitv
The fumishing 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. Challenee to Confidentialitv
(a) Initial Challenee
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 trade secret, proprietary
or confidential information. A parfy seeking to challenge 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
sununary, reformatting the information, etc.
(b) Subsequent Challense
In the event that the panies 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'o 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 pafiy.
(c) Challense Hearins
The challenging parfy shallrequest that the Commission conduct anin camera proceeding
where only those persons duly authorizedto 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 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.
(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
IPC.E-21-17 _ PROTECTIVE AGREEMENT - 3
Idaho Public Records Act(Idaho Code $$ 74-l0l through 74-126). If information is found to be not
exempt from disclosure, no parry 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) Receint 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 lnformation supplied to it under this Agreement, it shall give
reasonable prior notice of such intention to the providing party and shall provide copies ofthe used
Conf,rdential Information or substantive reference to Confidential lnformation only to theproviding
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 lnformation or substantive reference to
Confidential lnformation or substantive reference to Confidential lnformation 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 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
fonh in this Agreement, if applicable.
(c) ,In Camera Hearing 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 lnformation.
IPC-E-2I-I 7 - 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 finaljurisdiction.
(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 ofthe 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 Pleadines
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 pursuant to Paragraph 5. This sealed section shall be served only on counsel ofrecord
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
5.At!.
7. SummarY of Record
If deemed necessary by the Commission, the providing parties shall 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: (l) 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 ofthe proceedings,
IPC-E-21.17 _ PROTECTIVE AGREEMENT - 5
including adminisftative or judicial review thereof. After return or destruction of documents
pursuant to this paragraph, and upon request, a written receipt veriffing return ordestnrction 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 Confidential Information under seal. Nonvithstanding any other
provision in this Agreement, any member of Staffmay review and use that copy of the Confidential
Information outside this proceeding while performing his or her duties as a Staffmember. Staff s
use and disclosure of the Confidential Information in a laterCommission proceeding shall be subject
to any protective agreement signed in the proceeding.
(c) Any notes maintained by a recipient of Confidential lnformation which anbody or
reflect any ofthe Confidential Information provided under this Agreement shall, upon request ofthe
providing party, be either returned to the providing party or, at the option of the recipie,nt, destroyed.
9. Effective Date
This Protective Agreement shall become effective on the date hereof.
IPC-E-2 I- I 7 - PROTECTIVE AGREEMENT. 6
DATED this _ day of June 2021.
IDAHO POWER COMPANY
X* fr.ff"1.+".*,
By:
LisaNordshom
Idaho Power Company
1221 West Idaho Street
Boise,Idaho 83702
Attorney Representing Idaho Power Company
IDAHO PUBLIC UTILITIES COMMISSION STAFF
By:
Erick Shaner
Idaho Public Utilities Commission
I l33l W. Chinden Boulevard
Building 8, Suite 201-A
Boise,Idaho 83714
Attorney Representing the
Idaho Public Utilities Commission Staff
IPC.E.2I-I7 - PROTECTIVE AGREEMENT - 7
DATED thb_22nd_dayof July 2021.
IDAEO CONSERVA.TION LEAGT'E&tr
J. Otto
Attomsy Rcpresenting Idaho Conscrraion teague
IPC-F.2I' I 7 - PROIECrIVE AGREEIffiNT . 8
art"/
DATED "rfr day ofJunc2fill.
IIIDUSTRIAL CUSTO.MERS OT II}AEO NOWER
a
J.
Auomcy Ropucnting tho Induuinl Cummor of l&ho
Powpr
lFC.&2 l-l 7' PROTECTTVE AOREEITIENT. t
DATED thisSSsgldry of July 2021
CITY Otr'BOISE
r(
Attorney Reprucnting thc City of Boisc
IPC-F,2I-I 7 - PROTECTIVE AGREEMENT - 9
DAIED ddr"o dry of July 2021.
ctBAlt ENERcy OpnoBmnETrEs FOR IDAHO, INC.
[s\,&it
By:
KoboyJac
Law for Conscious Lcadcmhip
920N. ClovcrDr.,
Boise,Idalrc 83703
Attorney Rcprcconting Clcan hcqgy Oppotunitics for
Idaho,Inc.
IPIC.F-21.17 - PROIE0IM AffiEEIGNT . l0
DATED this llgday of luly 2A21.
SIENRA CI,T'B
f[rtr,-rlt^
Attomcy Rcfrwatins tbo Sielra Club
Roec
IFC-E-2I- I 7 - PROTECITVE AGREEMEIIT - I I
DATED flris 5 day of July 2021.
ITilICRON TECENOLOGY, INC.
By:
D.d&NL{
Austin Rueschhoff
Ttrcrvald A. Nelson
Augtin W. Jcnscn
HOLI.AI{D & HARTLLP
555 176 Stoet, Suitc 3200
Dcnvcr, CO 80202
Attomcye Rcprescnting Mieron Tochnologr, Inc.
Itr E,abn -PRSIECnVBAffi,EEMEX{T- II
DATED this 15 day ofJuly 2021.
MICRON TtsCHNOLOGY, INC.
By:
Austin Rucschhoff
ThorvaldA. Nelson
Austin W. Jenren
HOLLAI{D & HART LLP
555 17fi Strlct, Suitc 3200
Denvcr, CO 80202
Atlomcys Rcpresenting Micron Tochnology, Inc.
IPC.E.zI.I 7 - PROTECTIVE AGREEMENT - I T
DATED tris _LO day of July 2021 .
MICRON TECENOLOGY, INC.
,W
By:
Austin Rucschhotr
TlffiraH A Nelson
Austin lV. Jonsan
HOLLAI\ID & HARTTLP
555 t?tr Sftcq Suito 3200
Dcnvctr, CO t0202
Attomcys Rrpusatting Micron Telurolory, Inc.
DGE.2I-I 7 - PROIECNVE AGNMUENT - I I
EXTTIBIT "A'
I havo reviewed the furegoing Protective Agreement dated June ?3,?A21, in Case No. IFC-E-21-17
and agree to be bound by the terms and csnditions of such A,greemont.
Michael
Public Utilities Commission
Employer or Firm
I l33l W. Chinden Blvd., Building SSuite 201-A
Boise- Idaho 83714
Business Address
Cornmission Staff
I
Party
1 e\
Date
EXHIBIT *A"
EXHIBIT *A"
I have reviewed the foregoing Protective Agreement dated June 23,2021, in Case No. IPC-E-21-17
and agree to be bound by the terms and conditions of such Agreernent.
Prrhlic. I Itilities Commrssron
Employer or Firm
I l33l W. Chinden Blvd., Building 8, Suite 201-A
Boise.Idaho 83714
Business Address
Commission Staff
T
Parry
7
Date
EXHIBIT "A"
E}UIBIT "A'
I have r€\ricmed the forcgoing Protetive Agr€cm@t datcd Jure 23,2021, in Case No. IPC-E-21-17
and agrcc to be bound by the tcrms and conditions of such Aglwm€nt.
Public Utilities Commission
EmployerorFirm
I l33l W. Chinden Blvd,, Building 8, Suite 201-A
Rnisa ldohn R711n
Business Address
Commission Staff
Party
-llnlu
Date
E)GIIBIT *A'
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated June 23,2021, in Case No. IPC-E-21-17
and agree to be bound by the terms and conditions of such Agreement.
J-n, l^t\*h
Terri Carlock
Public Utilities Commission
Employer or Firm
I l33l W. Chinden Blvd., Building 8, Suite 201-A
Boise.Idaho 83714
Business Address
Commission Staff
Party
Date
EX{IBIT *A'
DTHIBIT "A'
I heve reviewed the foregoing hotoctivc Agrccment dated Junc 23,2021in Casc No. IPC-B
2l-17 and agre to bc bound by thc teims and oonditions of such Agrecment.
Adelc Lec
Printed Name
Holland &l{.acLLP
EmploycrorFirm
555 l70r Stneot, Suite 32fl)
Denver, CO 80202
Business Addrcss
Micron Tcchnolow.Inc.
Party
Date
E:CIIBIT "A'
EXHIBIT (A,,
I have reviewed the foregoing Protective Agreement dated June 23,2021inCaseNo. IPC-E-
2l-17 and agree to be bound by the terms and conditions of such Agreement.
nUltct -4,n*,
Signature
Gina Gargano-Amari
Printed Name
Holland & Hart LLP
Employer or Firm
555 lTth Street, Suite 3200
Denver, CO 80202
Business Address
Micron Technolow. Inc.
Party
lulv 16 )O)l
Date
EXHIBIT*A"
EXTIIB]T..A'
I have reviewed the foregoing Protective Agreement dated June 23.2021 in Case No. IPC-E-
2,-17 and agree to be bound by the terms and conditions of such Agreement.
fuo,y tl,Hnd
Printed Name
??icho'rlsc". ldAu , ?LLL
Employer or Firm
ftr il,"li yi fr,, tr"U ,CD &?zoz
Business Addrcss
Party
S^*utnr/ Crtfu*-v # l)^l- ?e.^t**
fu* L3 ,2i?-l
Date
EXHIB]T.A"
EXHIBIT "A'
I have rcviewed the foregoing Protective Agrccment dated June 23. 2021 in Case No. IPC-E-
2l-17 and agree to be bound by the terms and conditions oFsuch Agrcement.
Signature
6nLc ilnnsrn
Prinrcd Name
P,'h^J* AJn^, ?LLL
Employer or Firm
Bts N z7". S+ftrf
Business Address
ta?
Party
6 L3
Date
EXHIBIT *A'
EI(HIBIT T'A'
I have revieured the foregoing Protective Agrwment dated June 23,2021in Case No. Irc-E-
2l-17 and agree to be bound by the terms and conditions of zuch Agee,ment.
Signature
DoN 4.7"n J, ^*Printed Name
G*,, Iox*eo, ,4"rr.
Employer or Firrr
6o ?o d rl:I A lol
Business Addrcss
D (.
?
Party
5"* e 1,5t ?-Ol-l
Date
D(HIBIT"A"
EXIIIBIT "A'
I have reviewed the foregoing Protective Agreernent dated lune 23 ,2021in CaseNo. IPC-E-
2l-17 and agee to be bormd by the terms and eonditions of such Agree,meirt.
Co*r*"W\"lte
Printed Name
Cl*n E^.11 t 0ff,'{-^ih,r {" JLL, ,Tnc'
Employer orFirm
3 I I g tV P \,^,rt^\ir^ [,v*' I r,vr S';l* lDZ
Business Address
Boisc,ID 831 c3
Clrnn E^.',.t*,, k,r S. IAou o,Tar,
Party
l" I7 Lr:zt
Dat€
EXHIBIT"A"
EXHIBIT'A"
I have reviewed the foregoing Protective Agreement dated June 2 3,2021 in Case No. IPC-E-
2l-17 and agree to be bound by the terms and conditions of such Agreement.
il,,ho,l /-l,,l,l,n
Printed Name
0o, Ln*r, ll"*h*A* .{: TSt,
Employcr or Fin6' -tI
xnv A/lw
Business Addrpss
Party
Au,
2o d* 2l
Date
E)fiIIBIT*A"
EXEIBIT "A'
IhavereviewedtheforqoingPrrotectiveAgrwmentdafiedJune 23,2021inCaseNo.Irc-E.
2l-17 aod agw to be bound by the tcrms and conditions of such Agreement.
Ana Boyd
PrintedName
Siena Club
Employcr orFirm
2101 l/tobst€r Stneet, Suite 1300 Oakland, Gdifunia 94fl12
Business Address
Siena Cbb
Party
7n1nv21
Date
EXHIBIT'A''