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.l;,; J i Pii I: 3ilPROTECTTVE AGREEMENT
BETWEEN
IDAHO POWER COMPAI\IY AIID
IDAHO PUBLIC UTILITIES COMMISSION STAFF
(AND OTIIER PARTIES AS APPLICABLE)
CASE NO.IPC-E.2I-4I
': I I'r
This Protective Agreement is entered into this 9tr day of December 202l,by Idaho Power
Company ("Idaho Power") and the Idaho Public Utilities Commission Stafl 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
deflrned 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 Power's and the undersigned parties' employees and/or representatives in Case
No. IPC-E-21-41who 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 ITEREBY STIPTILATED AI\[D AGREED AS FOLLOWS:
l. (a) Confidential Information
All documents, data, information, sfudies and other materials furnished pursuant to any
requests for information, subpoenas orothermodes of discovery (formal orinformal), and including
depositions, that are claimed to be oftrade 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 attomeyos certificate thatthe 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-2I-4I _ PROTECTIVE AGREEMENT. I
(b) Protection of Conlidential Information
Access to and review ofConfidential 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 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 lnformation
for purposes of business 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 [nformation 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 certiff 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 pary, 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-2I-4I _ PROTECTIVE AGREEMENT - 2
3. Non-waiver of Obiection to Admissibilitv
The furnishing of any document, information,data, study orothermaterials pursuantto 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 Conlidentialitv
(a) Initial Challense
This Protective Agreement establishes a procedure for the expeditious handling of
information that a parly 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 Challense
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 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.
(d) Determination
The panies 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.2I-4I _ PROTECTIVE AGREEMENT - 3
Idaho Public Records Act(Idaho Code $$ 74-l0l through 74-126). If information is foundto 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 uri sdiction.
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:
(l) 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 parly and shall provide copies ofthe used
Confidential Information or substantive reference to Confidential Information only to theproviding
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 [nformation 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 forthe 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 "CONFIDENTIAL - SIIBJECT TO ATTORNEY'S CERTIFICATE OF
CONT'IDENTIALITY" and shall not be examined by any person except under the conditions set
forth in this Agreement, if applicable.
(c) 1z Carzera Hearing and Transcrints
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 lnformation (or that portion of the record containing Confidential
lnformation) shall be marked and treated ur p.ori'd.d herein for Confidential Information.
IPC.E.2I.4I _ 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 andlor the
final order of a court having final jurisdiction.
(e) Anpeal
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 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 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)) .
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,
IPC.E-21-41_ PROTECTIVE AGREEMENT - 5
including administrative or judicial review thereof. After return or destruction of documents
pursuant to this paragraph, and upon request, a written receipt veri$ing return or destruction shall be
provided by counsel.
(b) On a case-by-case basis and upon notification to the utility, the Commission Staff
may retain one copy of the Confidential Information under seal. Notwithstanding any other
provision in this Agreement, any member of Staffmay review and use that copy of the Confidential
Information outside this proceeding while performing his or her duties as a Staffmember. Staffs
use and disclosure ofthe Confidential Information in a later Commission proceeding shall be subject
to any protective agreement signed in the proceeding.
(c) Any notes maintained by a recipient of Confidential Information which embody or
reflect any of the Confidential Information provided under this Agreement shall, upon request ofthe
providing party, be either returned to the providing party or, at the option ofthe recipient, destroyed.
9. Effective Date
This Protective Agreement shall become effective on the date hereof.
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IPC-E-2I-4I _ PROTECTIVE AGREEMENT - 6
DATED this 9e day of December202l.
IDAHO POWER COMPANY
Ma(ratt<-
By:
Donovan Walker
Idaho Power Company
l22l West Idaho Street
Boise,Idaho 83702
Attorney Representing ldaho Power Company
IDAIIO PUBLIC UTILITIES COMIIflSSION STAFF
By:
Idaho Public Utilities Commission
I l33l W. Chinden Boulevard
Building 8, Suite 201-A
Boise,Idaho 83714
Attorney Representing the
Idatro Public Utilities Commission Staff
IPC-E.2I.4I _ PROTECTTVE AGREEMENT - 7
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NDUSTRIAL CUgTOTffiNg OT IDAEO DOWDR
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RldtrdroaAdlm, PLLC
5l5N.ZZu'Sma
Botlo' hho t3702
Afromsy ncft$ndng luemil C6omctrofldrho Powrr
IFC-B2l-ll - PROTECTwE AGnBEltENT - t
DATEDtlris 276 day o1 Ianurl m22.
NORIEWDSTANIIMPOWER
PRODUCERSI COALITION
By:
Adrms
RiohrdsonAdams PLLC
515 N.2?e Stloct
Boisc,Ideho t3702
Attomoy Roproocnting Nor&weet and Intcnnomtrin Powcr
hroduoers Coslition
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MC.E.2I4I - PROIBCITT'E AGBEEMENT - 9
DArED *r,Lil:or frnnq.{ zun.
IDAHO CONSERYATIOI{ I,EAG UE
By:
Bcr{minJ. Otto
7l0N 6dt Surot
Boisq ID t3701
Auomcy Rcprcscnting ldaho Comcrvation Lcague
IFC.E.2I4I - PROTECTIVE AOREEMENT. IO
DATEDthis 27th day of January
IDAIIYI'RO
2022.
By:
C. Tom fukoosh
Arkoosh Law Offices
913 W. River Stnpet Suite 450
Boise,ID 83701
.{ttomcy Ropresa*ing ldaHydro
Irc.E.2T.4I - PROIECTTVE AGREM{ENT. I I
EXHIBIT OA'
I have rerdewd the foregoing Protective Agree,ment dated December 9,2fr21, in Case No.
IPC-E-2141 and agree to be bound by the terms and conditions of such Agreement
Vtubiatl C tuurZ
Mike l,ouis
Public Utilities Commrssron
Employer orFirm
11331 W. ChindenBlvd., Building 8, Suit€201-A
Boise.Idaho 83714
Business Address
Commission Staff
Party
12t10t2021
Date
EXIIBIT "A"
EXIIIBIT 6tA'
I have reviewd the foregoing Protective Agreernent dated Decernbe 9,2021, in Case No.
IPC-E-2141 and agree to be bound by the terms and conditions of such Agreenrent.
-
K€yt
Public Utilities Commission
Employer or Firm
I l33l W. Chinden Blvd., Building 8, Suite 201-A
Boise- Idaho 83714
Business Address
Commission Staff
Party
a
Date
EX{IBIT ..A''
E}CIIBIT *A'
I have reviewed the foregoing Protective Agreement datd Decemba 9,2021, in Case No.
IPC-E-2141 and agree to be bound by the terrns and conditions of sueh Agrcernent.
Kellcr
Public Utilities Commission
Employeror Firm
I1331 rS[. Chinden B,lvd., Building SSuite }AI.A
Boise.Idaho 81714
Businms Address
Commission Steff
Paffy
Date
EXHIBIT "A"
EXHIBIT.SATt
' I hare reviowed the foregoing Protoctive Agreernent datod Decembar 9,2021, in Case No.
IPC-E-21-41 and agree to be bound by the tems and conditions of such Agreement.
J-; Ca.,,)"dR
Tsni Cadock
Puhlic I ltilities (}rmmrsclon
EmploycorFirm
t l33l W. Chinden Blvd., Building 8, Suitre 201-A
Boise.Idaho E3714
Buiness Address
Comudssion Staff
Party
,a
Date
cl-
EXHIBIT *A"'
EXHIBIT "A'
I have reviewed the foregoing Protective Agreement dated December 9,2021, in Case No.
IPC-E-2 I -41 and agree to be bound by the terms and conditions of such Agreement.
Public Utilities Commissiorr
Employer or Firm
I l33l W. Chinden Blvd., Building 8, Suite 201-A
Boise.ldaho 83714
Business Address
Commission Staff
Party
t
Date
Ao>
EXHIBIT "A"
EXHIBIT (.A,,
I have reviewed the foregoing Protective Agpement dat€d January 27,2022
in Case No. IPC-E-2I-41 and agree to be bound by the terms and conditions of such Agreement.
Erin Cecil
Printed Name
Arkoosh Law Offrces
Employer or Firm
PO Box 2900, Boise, ID 83701
Business Address
Idallydro
Party
January 27,2022
Date
EXHIBIT'A"
EXHIBIT ..A''
I have reviewed the forrgoing hotcctive Agroemant datd January27,2ff22
in Case No. IPC-E-2141 and agree to bc bound by dre tsrnrs and conditions of $rch Agrwment.
Ambcrl)rcsshr
Printcd Name
ArtooshLawOfficos
EmployerorFirm
PO Box29fr), Boiac,ID t3701
Busincss Address
IdaHvdro
un1nw2
Date
Party
EXHIBIT"A'
EXIIIBIT ..AT
I have rcvicwed thc forcgoing Protectivc Agroement dalcd Ianuary 27,2022
in Casc No. IPC-E-2l"ll and rgrEc to be bound by thc tcrms and cooditions of such Agrccment
l^^ur< ^.r 7-llqc'oA
PdntedName
AE too sil (avt aiFrces
EmployerorFirm
?. o. Bu Zloo.Bosf rO 8s7o )
Bnsfurcer AAilffis ,
Prtty
Date
EXHIBIT"A'
EXIIIBIT *A''
I have reviewed the foregoing Protective Agreement dated L+'2]L
in Case No. IPC-E-21-41 and agree to be bound by tre terms and conditions of such Agreement.
I
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Signature
e.
Printed Name
a€Ic}ro Gntrrvc-|ton [,gc$^r,
Employer or Firm
7ro S.bth Slxrr , Sotr* ,D .{3}OL
Busircss Address
:,AaLo Conhtvc^lnsvr
Party
I lza[zz
DatA
E)GIIBIT"A"