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HomeMy WebLinkAbout20220408Protective Agreement.pdf'a. --iri:-;ii.\! '--.; L-. '.' I i ,-.'r-, -- i FI ?: af i:'t.'t t-i l, tJ I !l L-'UvPROTECTIVE AGREEMENT BETWEEN IDAHO POWER COMPAI\Y AI\ID IDAIIO PUBLIC UTILITIES COMMISSION STAFF (AND OTHER PARTIES AS APPLICABLE) CASE NO.IPC-E.21.40 Application to Expand Optional Customer Clean Energy Offerings Through the Clean Energy Your Way Program This Protective Agreement is entered into this 24th day of March 2022by 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 a trade secret, privileged or confidential nature (as defined in ldaho Code $$ 74-107 through 74-109 and 48-801). 2. WIIEREAS, 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-21-40 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\TD 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 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 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. rDAPA 31.01.01.233. IPC-E-21.40 _ 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 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.rt (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 lnformation 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 Asreement 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 o'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 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 paf,ry, 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-40 _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 hade 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 Challense ln 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) Challense Hearine The challenging party shall request that the Commission conduct an in camero 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-2I.40 - 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) Receint Into Evidence Provision is hereby made for receipt into evidence in this proceeding of materials claimed to be confidential in the following manner: (l) If the requesting party intends to use Confidential lnformation 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 ofthe 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 s(aXl) 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. IPC-E.2I-40 _ PROTECTIVE AGREEMENT - 4 (c) In Camera Hearine and Transcriots 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 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) 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 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 Pleadinss 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 submiued 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.2I-40 _ PROTECTIVE AGREEMENT - 5 7. Summarv 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 pafry, 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 veri$ing return or destruction shall be provided by counsel. (b) On a case-by-case basis and upon notification to the utility, the Commission Staff may retain one copy of the Confidential Information under seal. Notwithstanding any other provision in this Agreement, any member of Staffmay review and use that copy of the Confidential Information outside this proceeding while performing his or her duties as a Staff member. StafPs use and disclosure of the Confidential Information in a later Commission proceeding shall be subject to any protective agreement signed in the proceeding. (c) Any notes maintained by a recipient of Confidential Information which embody or reflect any of the Confidential Information provided under this Agreement shall, upon request of the providing party, be either returned to the providing party or, at the option of the recipient, destroyed. 9. Effective Date This Protective Agreement shall become effective on the date hereof. IPC.E.2I.4O - PROTECTIVE AGREEMENT. 6 DATED this 24th day of March2022. IDAHO POWER COMPAI\TY By:X;!.2("*t.^. Lisa D. Nordstom Idaho Power Company l22l West ldaho Street Boise,Idaho 83702 Attomey Representing Idaho Power Company IDAHO PUBLIC UTILITIES COMIVISSION STAFF By: Dayn Hardie Deputy Attorney General Idaho Public Utilities Commission I1331 W. Chinden Blvd., Bldg 8, suite 201-A (83714) PO Box 83720 Boise, Idaho 83720-0074 Attorney Representing the Idaho Public Utilities Commission Staff IPC-E-2I-40 _PROTECTIVE AGREEMENT - 7 DArED*,r4r: March2oxt. NDU$TRIAL CUSTOMERS OF II}AEO PIOWER, Byl Pct€r Richrrdson, Adanrs, PILC 515 N. ZZe Srsct PtO Box 7218 Boisc, JD$74 Attorney Roprcsenting Industrial Cus0omors of ldaho Powcr IPC.E.2 I -{O - PROTECTIVE AOREEMENT . T DATED this 25th day ofManch 2022. IDAEO CONSERVATION LEAGTIE By:Mtr BeqiaminJ. Otto Emma E. Sperry Idatro Conservation League 7l0N.6m Sueet Boise,ID 83702 Attorney Represcnting Idatro Conservation League IFC.F-2 140 _ PROIECTT\IE AGRBEMET.IT . 9 DATED this 2$ day of March 2022. wALlt{ART, rNC. *1. By: NormanM. Semanko Parsons Behle & Latimer 800 W. Main Street, Suite 1300 Boise,ID 83702 Attorney Representing Walmart, Inc. IFC.F.21-40 - PROTECTTVE AGREEMENT . IO DATED this2lthday of March 2022. WALMART,INC.kf-z- By: Vicki M. Baldwin Parsons Behle & Latimer 201 S. Main Sfiect, Suit€ 1800 saltLake city, uT 84lll Attomey Rqrcsenting Walmat Inc. IPC-R2140 _ PROIECITVE AGREEMENT - I I DATED this 6th day ofApril 2022. CITY Otr'BOISE By:V{*t EdJwelt Deprtry City Attffrsy Boise City Attoraey's Office 150N. capirol Bh&, BO Box $0 Boisc,ID 83?01-0500 Attomey Rcpre$ot'rng City of Boiee IFC-E-?l.f{l - PROTECITTTE A(ilEEMENT - 12 DATED tris IaaV of March 2M2. CLEAN ENERGY OPPORTIJMTES T'OR IDAHO By:ri\&x Kelsoy Jae Law for Conscious Leadership 920 N. Clover Dr. Boise,ID 83703 Attorney Represcnting Clean Enerry Opportunities for Idaho Irc.R2I4O - PROIF,CTIVE AGREEMENT . 13 EXHIBIT'A' I have reviewed the foregoing Pmtective Agreement dated March24,2022, in Case No. IPC-E-2140 and agree to be bound by the terms and conditions of such AgreemenL Printed LLL Employer or Firm fllx N,J7tuS+. &t*frfuZo2- Business Addrcss Date Pr*qr Party 2 2 a- EXHIBIT"A" EXHIBIT "A' I have reviewed the foregoing Protective Agreemont dated March24,2A22, in Case No. WC-E2140 and agree to be bound by the teims and conditions of such Agreement. /s/ Emma E. SWrry Signature EmmaE.Sperry PrintpdName Idaho Conservation League Employer or Firm 710 N 6th St., Boise, ID 83702 Business Address Idaho Conservation Leaguo Parly March 25,2022 Date EX{IBIT"A," ENHIBIT 8A' I have rcviared the forcgoing Pmtective ngp€mcnt d*ed March 24,2922, in Case No. IPC-E2I-40 and agr€e to be bound by thc tams and conditions of srrch Ag!€m€nt. O ol fl"*), Printed Nure B-f,3upi,t A%- Employer or Firm Busincss Addross Party Date D Tetr EXHIBTT'A" E)MIBIT "4" I have reviewed the foregoing Protective Agreement dated March 24,2022, in Case No. IPC-E-21.40 and agree to be bound by the terms and conditions of zuch Agreement. Ll* Signature Courtney lVhite PrintedName Clean Enerry Opportunifies for ldaho Employer or Firm 377t N Plantedon RiverDr. Ste 102, Boisg Idaho 83703 Businoss Address Clean Energgr Opportunifiee for Idaho Party I\flarch 2912022 Date EXIIIBI'T *A' EXHIBIT..A'' I havc reviervcd thc foregoing Protcctivc Agrccmcnt datcd Mgrch 24,?04 in Cosc No. lPc-E-21-40 and agrcc to bc bound by thc tcrms and condirions of nrch Agrecmcnt tusfrrutuQp/ S.[crLc.^ L- 8., r4e 5 PrintedName 0 C.+,. "[ F.o'>. Emplog'[ror Firm 5o Busincss Address I t Z a t.I,*St26*7( I Fsrty ( EXHIBIT*A" EXIIIBIT ..A'' I havc rcvicwed thc forcgoing Pmrcaive Agrecmcnt dotcd March ?4,2022, in Cosc No. IPC-E-2140 and agrcc to bc bound by the terms and conditions of srch Agrcerncnl Slgmturc hintcd (1/L L{,- Crav tP 60,,u Pd 0,t ,-\{dO bo;s.?gF"z Employeror Firm Busincss Addrcss C,) ,P Bo,r. Party 3 -zl - 2A Datc EXHlBrr'A" EXHIBIT'Al' I hrve rcvicrrycd thc forcgoing Protectivc Agracnrcnt datcd March 24,!022, in Cosc No. IPC.E-21-|0 ond agrcc to be bound by thc lcnns and conditions ofsuch Agrcerncnt. Signaturc N I a"hl Printcd Namc 0if.t # Baite- Emploler or Firm l{D N. oo:ril 3l'^$ . Boir.. FP SSaoL Business Addrss c:of Datc Porty EXHIBIT"A' EXHIBIT '"A' I havc rcvicurcd thc forcgoing Protective Agrccmcnt dated March 24,2022, in Casc No, IPC-E-21-40 and agree to be kiund by the terms and conditions of such Agrcanent. Mic-hacl Puhlic Utilities Commrssron EmploycrorFirm I l33l W. Chinden Blvd.n Building SSuite 201-A Boise- Idnho 81714 Business Addrcss Commission Staff Party /4 Slzslzz Date EXHIBIT..A'' EXHIBIT.TAT I have rsvierved the foregoing Protective Agreement dated March 24,2022, in Case No. IPC-E-2I-40 and ogrce to be bound by the ternrs and conditions of such Agrecment. Terri Carlock Public Utilities Commission Employer or Firm I l33l W. Orinden Blvd., Building 8, Suite 201-A Boise.Idaho 83714 Business Addrcss (lnmrniccinn Stcff Party Date EXHIBIT'A' EI(HIBTT 'I.A' I have rwiewcd thc forcgoing Protcstivc AgrcancNrt datcd March 2\2t22, in Case No. IFC-E-2140 and agrcc to bc botnd by thc tcrms and cordltiou ofsuch Agrccmmf Ttaob&&n^drn Trrvis Culbcrtson Prrhlia t lrilirim llrrnuniaci.ra EmploycrorFirm ll33l W. Chinden Blvd.nBuitding ESuitc 201-A Boisc- l&ho 83714 Busincss Ad&ess Commiesion Stafr 3/128nozP; Datc Party EXHIBIT..A' EXHIBIT ..A" I have reviewed the foregoing Protective Agreement dated March 24,2022, in Casc No. IPGE-21-{0 and agree to be bound by the terms and conditions of such Agreement. ltffid-t*oru Tayl$rtomas Public Utilities Commission Employer or Firm I l33l W. Chinden Blvd., Building 8, Suite 201-A Boise.ldaho 83714 Business Address Commission Staff Party Date EXI{IBIT "A" EXHIBTT"AN I have rcvicnrcd tlrc forcgoing Pmtectivc Agrcemcnt dated March 24,2022, in Case No. IPC-E-21-40 ard agrcc to be bund by the temr and sonditions of such Agreemcnt. I Prrhlla I ltilitie<.. (rarnmic.cinn Employer or Firm I l33l W. Chinden Blvd., Building SSuite 201-A Boisa ldaho 83714 Business Addrcss Cornmission Steff Party ?'7*' Date 3 EXHIBTT *A' EXIIIBIT..A'' I have rwiewed the foregoing Protcctive Agrccment dated March 24,2022, in Casc No. IPC-82140 and agrce to bc bound by tho tcrms ard conditions of such Agrccrnent. Signanre Steve W Chrbs Printcd Namc Walmart lnc. EmploycrorFirm 2808 SE J St Bentonvlle, AR,72710 Burincss Addrtss Whknart tnc. snTpun Date Party EXIilBIT"A'