HomeMy WebLinkAbout20220721Protective Agreement.pdfi)
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PROTECTIVE AGREEMENT
BETWEEN
IDAHO POWER COMPAI\Y AIID
IDAHO PUBLIC UTILITIES COMMISSION STAFF
(AND OTHER PARTIES AS APPLICABLE)
CASE NO.IPC.E-21.37
. . t r'\! r:. . r i ll!
Application for Authority to Establish A New Schedule to Serve Speculative lligh-Density
Load Customers
This Protective Agreement is entered into this I lth day of July 2022by Idaho Power Company
("Idaho Power") and the Idaho Public Utilities Commission Staff, and other parties as applicable.
Recitals:
l. 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 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-2I-37 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 AI\ID 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 "Confidential lnformation") shall be so marked by the parly 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 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.
[DAPA 31.01.01.233.
IPC-E-21-37 _ PROTECTIVE AGREEMENT - I
(b) Protection of Confidential Information
Access to and review of Confidential 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 subjectto 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 of business or competition, or any purpose other than the purpose of
preparation 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-disclosure Aqreement
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 '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 certi$/ 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-8.21.37 _ PROTECTIVE AGREEMENT . 2
3. Non-waiver of Obiection to Admissibilitv
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. Challense 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 party 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 summary, reformatting the information, etc.
(b) Subsequent Challenee
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 par,ty.
(c) Challenee 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 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.
IPC-E-21.37 - PROTECTIVE AGREEMENT - 3
(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-l0l through 74-126). 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 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 "A" 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 Information
shall be marked "CONFIDENTIAL - SUBJECT TO ATTORNEY'S CERTIFICATE OF
COI\-FIDENTIALITY" and shall not be examined by any person except under the conditions set
forth in this Agreement, if applicable.
IPC.E-21-37 _ PROTECTIVE AGREEMENT - 4
(c) 1z Canrera Hearins and Transcripts
Any Confidential Information that must be orally disclosed at a hearing in the proceedings
shall be offered atan 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.
(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 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 [nformation 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 turn, be disclosed by them only to individuals who likewise
signed Exhibit "A".
IPC-E-21.37 _ PROTECTIVE AGREEMENT . 5
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 of the
proceedings, including administrative or judicial review thereof. After return or destruction of
documents pursuant to this paragraph, and upon request, a written receipt verifying return or
destruction 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. Notwithstanding any other
provision in this Agreement, any member of Staffmay review and use that copy ofthe Confidential
Information outside this proceeding while performing his or her duties as a Staff member. Staff s
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 of the Confidential Information provided under this Agreement shall, upon request
of the providing party, be either returned 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.
IPC-E-21-37 - PROTECTIVE AGREEMENT - 6
DATED this I lth day of July 2022.
IDAHO POWER COMPAI\TY
&; fr.7("*t.^,By:
Lisa D. Nordstrom
Idaho Power Company
l22l West ldaho Street
Boise,ldaho 83702
Attorney Representing ldaho Power Company
IDAHO PUBLIC UTILITIES COMNIISSION STAFF
ewton
Deputy Attorney General
Idaho Public Utilities Commission
I l33l W. Chinden Blvd., Bldg 8,
Suite 201-A (83714)
PO Box 83720
Boise, ldaho 83720-0074
Attomey Representing the
Idaho Public Utilities Commission Staff
By
IP.C-E..21.37 - PROTECTIVE AGREEMENT - 7
MTty
DATED ttrir l_ day ofJuly 2022.
By:
E{ITUSTRIAL CUSTOMERS OF TI'AHO POIV}R
J
RhhadsonAdsns, PLLC
515 N. zZd' Strcet
Boisc, ldaho t3702
Attomoy Rcpruenting Industdrl Cusomcrcof Hslp Poucr
IPC.E.I I.3' - PROTECTIVE AGREEMET.IT . S
DATED thie _ day of July 2A22.
wrfu"tu%
2I4O LABS LLC
By:
ElizabcftA. Koeckeriu
Givens Pursley LLP
601 W. Bannock Stret.
Borse,ID 837A2
Attorney Representing 2140 Labs tLC
Irc-F.21.37 _ PROXECTI]I/E AGREEII{ENT - 9
DATED n* [ {*, orJuty 2022.
Byr
GEOBITMTNE LLC
PctcrJ.
Richadson Adams, PLLC
515N. ZZfr Strcct
Boise,ldalro 83702
Afiomey Rcpreenting GeoBitmine LLC
tFC-8.2!.37 - MOIEC:TIVE AOREEMENT. IO
EXHIBIT "A'
I havc rwicwcd thc forqofury Prrotoctivc Agrcanart dabd July ll,Nn, in Casc No. IFC-E2I-37
ad agrEc to be bourd S tlr torms and crnditiorc of srch Agecmenl
Chris Hccht by unail submission
Chris Hccht
Puhlic Utilifics Conrmiesion
EmploycrorFirm
I l33l W. Chtudcn Blvd., Building t, Suitc 20l-A
Bolsc.Id.ho 837t4
Businas A&€6s
Commission Strff
Party
Iuly I1,2022
Dste
E}g{IBIT"A''
EXIIIBIT |.A"
I havc rcvicwcd the foregoing Protcctive Agrecment dated July 11,2022, in Case No. IPC-E-21-37
and agree to be bound by the terms and conditions of such Agreement.
Michael
Public Utilities Commission
Employcror Firm
ll33l W. Chinden Blvd., Building SSuite 201-A
Boise- Idaho 83714
Business Address
Commission Staff
Pafty
L
Date
7
E)C{IBIT"A''
EmIBIf ..Art
I have revicwcd thc foregoing Pmtective Agreement datod July 11,202\ in Caso No. IPC-E-21-37
and agree to bc bound by the terms and conditions of nrch Agrcement
fuurb Crho,rAon
Travis Culbertson
Drrhlia I ltilitinc l'nmmiccian
BnployerorFirm
I l33l W. Chinden Blvd., Building ESuitc 201-A
Boise.fdaho 83714
Business Addrcss
Commission Staff
711112022
Date
Party
EXI{IBIT'A'
EXHIBIT ..A''
I have revierved the foregoing Protective Agreement dated July 11,2022, in Case No. IPC-E-21-37
and agree to be bound by the terms and conditions of such Agreement.
Keyt
Public Utilities Commission
Employeror Firm
I l33l W. Chinden Blvd., Building 8, Suite 201-A
Boise.ldaho 83714
Business Address
Commission Staff
Pafiy
EXHIBIT "A"
EXHIBIT ..A"
I have rcviewed the foregoing Protective Agreernent dated July 11,2022, in Case No. IPC-E-21-37
and agree to be bound by the tenns and conditions of such Agreement.
Public Utilities Commission
Employer or Firm
I l33t W. Chinden Blvd., Building 8Suite 201-A
Boise.Idaho 83714
Business Address
Commission Staff
Party
+l t=/zz.
Date U I
EXHIBIT "A''
EXHIBTT "A"
I have reviewed the foregoing Protective Agreement dated July 11,2022, in Case No. IPC-E-21-37
and agree to be bound by the terms and conditions of such Agreement.
Public Utilities Commission
Employer or Firm
I l33l W. Chinden Blvd., Building 8, Suite 201-A
Boise.ldaho 83714
Business Address
Commission Staff
Party
J
J"/ZAZL
Date
EXHIBIT *A'
EXHIBIT .6A''
I have reviewed the foregoing Protective Agroement dated JuIy t|th,2022, in Case No.
IPC-E-21-31 and agree to be bound by the t€rms and conditions of such Agreement
["til
Signahue
Morgan Goodln
PrintedName
Givens Punsley LLP
EmployerorFirm
601 W. Banmck 51, Boi8o, lD 83702
Business Address
Counsel612140 Labs LtC
Party
7t1gw
Date
E)ilIIBIT'A"
EIMIBTT .(A,'
I have reviewed the foregoing Protective Agreement dated July ll.th,2A22, in Case No.
IPC-E-2l-37 and agreo to be bound by the terms and conditions of such Agreement.
,b
Tom Medde
PrintedNamo
21fi Lrbs tLC
Employer or Firm
6829 W A$land D. Boho, lD, 83700
Business Address
214{r lrbs
Party
7nafwu\
Date
E)C{IBIT*A"