20220408Protective Agreement.pdf

PROTECTIVE AGRDEMENT
BETWEEN
IDAHO POWER COMPANY AT\ID
IDNIO PUBLIC UTILTTTES COMMISSION STATF
(AND OTHER PARTTES AS APPLICABLE)
cAsE NO. TPC-Eat4}
Idaho Power Companyrs 2021 Integrated Resourc:e Plan
This Proteclive Agreement is entered into this 4th day of March 2022by ldalro Power Company
('ldaho Powe/') and the ldaho Public Utilities Commission Staffi, and other parties as applicable.
Recitals:
l. WHEREAS,ldaho Power and the ldaho Public Utilities Commission Staffanticipate
that partics 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 Agrecmcnt will expedite the production of documents; will afford the neccssary
protection to ldaho Power's and the undersigned parties' cmployees and/or rcprcsentatives in Case
No. IPC-E-21-43 who might review thc information and subsequently be requested to reveal its
contcnts by setting forth clear cut parameterc for use of Confidential Information, and will pmtect
Confidcntial Information which might be provided during the course of the proceedings, now
therefore.
IT IS HEREBY STIPULATED AITID AGREED AS FOLLOWS:
t. (o) Confidential Information
All documents, data, information, studies and other msterials fumished pursuant to any
requests for information, subpoen&s or other modes of discovery (formal or informal), and
including depositions, that are claimed to bc of trade secrct, proprietary or confidential nature
(herein refened to as "Confidential Information") shall be so marked by the party or entity
providing the information by stamping the same with a designation indicating is tradc secrEt,
proprietary or confidential naturc and printed on "yellow'paper. IDAPA 31.01.01.067. Any
elaim 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 olaim.
IDAPA 31.01.01.233.
,l
:""Ir'II
IPC.E.2 I.43 - PROTECTIVE AGREEMENT . I
(b) Protection of Conlidential lnformation
Access to and review of Confidential lnformttion shall be strictly conrolld by the terms
of this Agreement. Unless othenrise ordered, Confidential lnformation, including transcripts of
dcpositions containing information to which a claim of confidentiality is made, shall remain under
seal, shall continue to be subject to the protective rcquirements of this Agreement" and shall not
bs disclosed to individuals who have not executed the nondisclosure agreement set forth in Exhibit
'tA,"
(c) Use of Confidential InformatioE
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
prcparation for and conduct of the proceedings, and then solely as contemplated herein, and shall
keep the Confidential Information secure as trade secret, confrdential or proprietary information
and in accordance with the purposes and intent of this Agreement.
(d) Persons Enlitled to Review
Access to Confidential Information shall be limited to counsel of the undersigned parties,
employees, experts, agents or reprcsentatives of the undersigned parties who have executed an
Exhibit'A" to this Agreement. Such information will be clearly marked and protected from
unauthorized publ ic disclosure.
(e) No.g-disclosure A+reement
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 nondisclosure 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 certiry in nrriting 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 employcr. Such agreement shall be delivered to
counsel for the providing party, before disclosure is made.
2. Conies
No copies or transcriptions of the Confidcntial Information shall be made by the recipient
except as necesssry to make the information available to individuals who have executed an Exhibit
"A" to this Protective Agreement.
Irc.E.2 I43 _ 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 tlrc right of the providing pafiy to object
to its relevance or admissibility in any proceedings bcfore this Commission.
4. Challenge to Qonlidentialitv
(e) Initiel Challense
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 differcnce
by stipulation. Resolution may include rcmoving the confidential classifications, creating a non-
confi dcntia I summary, rcformatting the i n formation, etc.
(h) Subseouent Challenee
ln the evcnt 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 thc 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 Pctition shall designate
with specificity thc document or material challenged and ststc tlrc grounds upon which the subject
material arc 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 bc 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 - Subiect to Protective
Agreemcnt." To the extent necessary, the transcript of such hearing shall be scparately bound,
segregated, sealed, and withheld from public inspection by any pcrson not bound by the terms of
this Agreement.
IPC-E.2 I43 - 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(ldaho Code $$ 74-l0l through 74-126), If information is found
to bc 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 coutt of competent jurisdiction.
5. (a) Receint Into Evidence
Provision is hereby made for rcccipt into evidence in this proceeding of materials claimed
to be confidential in the following manner:
(l) lf the requesting party intends to use Confidential lnformation 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 of the used
Confidential Information or substantive refercnse to Confidential Information only to the
providing party, and such other parties, if any, who have executed an Exhibit "A" to this hotective
Agrcement.
(2) One (l) copy of the used Confidential lnformation or substantive reference to
Confidential Information or substantive reference to Confidcntial 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 shallbe maintained in accordance with
the terms of this Protective Agreement.
ft) Seal
While in the custody of the Commission, materials containing Confidcntial 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
florth in this Agrcemenf if applicable.
IPC-E-2 I 43 - PROTECTIVE AGREEMENT . 4
(c)
Any Confidential lnformation that must be orally disclosed at a hearing in the proceedings
shall be offered alsn lLg2.4gghearing, attended only by persons authorized to have access to the
information under this Protective Agreemenl Similarly, any transcription of any examination or
other rcference to Confidentisl Information (or that portion of the record containing Confidential
lnformation) shall be marked and treated as provided herein for Confidential lnformation.
(d) Aecess to Record
Access to sealed testimony, rccords, and information shall be limited to the Commission
and persons who have signed an Exhibit "A'as provided in this Protective Agrcemenf 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) Aoneal
Should an appeal from the proceeding be taken, sealed portions of the record may be
fonrrarded 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 rccord is fonrarded
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 fte rccord
on appeal.
6. Use in P-l.ef,dings
Where refercnces to Confidcntial lnformation 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 rrct disclose the
substantive Confidential Information containd 0rerein. Any use of or substantive references to
Confidential lnformation shall be placed in a separate section ofthc pleading or briefand submitted
to the Commission pursuant to Paragraph 5. This sealed section shall be served only on counsel
of record who have signed the nondisclosurc agr€emcnts set forth in Exhibit "A" attached to this
Protective Agreemeng and may, in turn, be disclosed by them only to individuals who likewise
signed Exhibit "A".
IPC-E-2 I43 - PROTECNVE AGREEMENT. 5
7. Summarr of Record
If deemed necessary by the Commission, the providing parties shall prepare a written
summary of the Confidential Information refened to in Orders to be issued to the public and the
parties.
8. Return or Destruction of Cgn[idential Information
(a) Upon rcquest 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 destroycd 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 reccipt veri$ing retum or
destruction shall be provided by counsel.
(b) On a case-hy-case basis and upon notification to the utility, the Commission Staff
may retain one copy of the Confidential lnformation under scal. 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. 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 recipicnt of Confidential Information which embody
or reflect any of the Confidential Information providcd under this Agrecment shall, upon request
of the providing party, be either returned to the providing party or, at the option of the recipieng
destroyed.
9. Elfeclive Date
This Protective Agreement shall become effective on the date hereof.
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IP!C-E-2 I{3 - PROTECTIVE AGREEMENT . 6
DATED this 4th day of March2022.
IDAHO POWER COMPANY
By:Xr; ^O.ff"*+**,
Lisa D. Nordstrom
Idaho PowerCompany
l22l Wcst ldaho Street
Boise,ldaho 83702
Attomey Rcprcscnting ldaho Power Compeny
IDAHO PUBLIC UTILITIES COMMISSION STAFF
By:
Dayn Hardie
Deputy Attorncy Gcneral
Idaho Public Utililics Commission
I l33l W. Chinden Blvd., Bldg 8,
suirc 201-A (837r4)
PO Box 83720
Boisc, ldaho 83720-0074
Attomey Representing the
Idaho Public Utilitics Commission Staff
IPC.E.z I -{3 . PROTECTIVE AGREEMENT . 7
DATED this _ day of March2022.
KIKI LESLIE TIDWELL
By:
Kiki Leslie Tidwell, pro se
704 N. River Street, #l
Hailey,lD 83333
IPC.E.2 I43 - PROTECTIVE AGREEMENT . 8
DATED thio-day of March 20lll.
INI'USTRIAL CUSTOMERS OF IDAIIO FOWER
By:
PGbrJ. Richsrdson
Rishar&on Adamq, PLLC
515 N.27t Smo*
Boisc,ID 83702
Attorncy Rcpwenting Indusrial Crstorrors of ldaho
Power
IFC{-z I43 . PROIBCTIVE AGREB{ENT - 9
DATED rnirtuyof March 20211.
IDAHO CONSERVATION I,MGIIE
Bys &tr
ncq;Imin j.Ouo
EmmaE Spcry
Idrho Conscwatim Lqtr
TloN.oestrcct
Boisc, Idrho E3702
A,ttomcy Roproecnting lddp Coruorvation Laguc
lPrDF.2l-43 - EROTECtntE AOIEEIUEIII - 10
DATED 0ris36day ofMarch 2022.
CLEAI{ ENERGY OPPORTTMTIES
r0\e
By:
Kclscy Jae
Lrw for Conscious Loadcnhip
920N. Clovcr Dr.
Boisc,ldaho 83703
Attorney Rcprcsenting Clean Energy Opportunitice
IPC.E2!.{3 - PROIECTM AGREEI,IENT - I I
DATED ffris g day of March 2022.
MICRON TECIINOII}GY, INC.
By:
Thqmld A. Nclson
D.A&
By:
Byr
,W
Austin trt. Jcnrcn
Holland& HailLLP
555 l7e&,cct, Suir32fil
DcnYs, CO E0402
Atbnrcyr Repracnting Micron Tcchnology, Inc.
IFC.E.zI-I3 - PROIECTTTVE AGNEEME}IT. 12
DATED this 8th day of March 2022.
STOP
By:
Jrck
Van Valkenburgh Law, PLLC
PO Box 531
Boise, tD 83701
Attomey Representing Stop B2H Coalition
Jim l&eider
Co-Chair STOP B2H Coalition
60366 Marvin Rd
La Grurde, OR 97850
Reprcsentative of the STOP B2H Coalition
IPC-8.2I-{3 - PROTECTIVE AGREEMENT - 13
EffiIBTT I.A'
I have rcvicwcd thc foregoing Protectivc Agrccmcnt datcd March 4,2AAL in Casc No.
IPC-E-2143 and agrce to bc bound by the tcnns md corditions of such Agreoment.
Signahrrr
Adcle C. Lcc
Printcd Name
Holland & Hart LLP
Employcror Firm
555 lTth Strcct, Suia32fi)
lhnvr, CO 80202
Business Address
Micmn Technolos,. Inc.
Party
March 4,2U22
Date
EXHIBIT'A'
EXIIIBIT "A'
I havc rcvicwed thc forcgoing Protective Agreement dated March 4,2022, in Case No.
IPC-E-2143 and agree to be bound by the terms and conditions of such Agreement.
G*
Signature
Gina Garsano-Amari
Printed Name
Holland &, HErt LLP
Employer or Firm
555 lTrh Sftct, Suite 32il)
Dcnver, CO E0202
Business Address
Micron Tcchnology. Inc.
March 4,2022
Date
Party
EXHIBIT"A'
EXIIIBIT "A'
I have revicwed the foregoing Protective Agreonent dated February 28,202?, in Case No,
IPC-E-22-05 and agree to be bound by the terms and conditions of such Agreement.
Teni Carlock
Prrhlic I Itiliriec l.nmrniccinn
Employer or Firm
I l33l W. Chinden BIvd., Building 8Suite 201-A
Boisa ldaho 83714
Business Address
Commission Staff
a
Party
$l.tlama
Date
EXHIBIT *A''
EXHIBIT "A''
I have reviewed the foregoing Protective Agreement dated March 4, 2A22, in Case No.
IPC-E-21-43 and agree to bc bound by the terms and conditions of such Agreement.
il
Yao Yin
Public Utilities Commission
Employer or Firm
I l33l W. Chinden Blvd., Building 8, Suite 201-A
Boise.Idaho 83714
Business Address
Commission Stalf
Party
al+/
Date
EXHIBIT"A"
EXIIIBTT "A"
I have reviewed thc forcgoing Protective Agreement dated March 4,2022, in Case No.
IPC-E-21-43 and agrw to be bound by the tcrms and conditions of such Agreanent.
Public Utilities Commission
EmployerorFirm
I l33l W. Chinden BM., Building 8, Suitr20l-A
Eaicn klahn *171L
Business Ad&ess
Commission Staff
3 -7 -J023
Date
Party
EXHIBIT'A'
EXHIBIT.A'
I have rcviewed the foregoing Protcetive Agrcement dated March 4,2022, in Case No.
IPC-E-2143 and agrce to be bound by the tcrms and conditions of such Agrecmcnt.
Public Urilities Commrssron
Employer or Firm
I l33l W. Chinden Blvd., Building 8, Suite 201-A
Boise- I&ho 83714
Business Address
Commission Steff
Party
EXlllBlT"A"
EXHIBIT ..AX
I have reviewed the foregoing Protective Agreement dated March 4,2022, in Case No.
IPC-E-2143 and agree to be bound by the terms and conditions of such Agreement.
aver
Public Utilities Commission
Employer or Firm
I l33l W. Chinden Blvd., Building 8, Suite 201-A
Boise- ldaho 83714
Business Address
Commission Staff
Party
s/7/uzz
Date
EXHIBIT"A"
EXHIBIT'tA'
I have rcviewcd the foregoing Protective Agreement datcd March 4,2022, in Case No.
IPC-E-21-43 and agree to be bound by the tenns and conditions of such Agreement.
I
Rick Keller
Public Utilities Commission
Employer or Firm
I l33l W. Chinden Blvd., Building 8, Suite 201-A
Boise.ldaho 83714
Busincss Addrcss
(trrrrrmiceian (hfr
Party
a B 't;t/
Date
EX}IIBIT..A"
!4m,2:1oPM HeGHcrE(Azl.f,lJpg
EXEIBIT "A''
I havc reviewed thc forcgoing hotective AgrcEncnt datsd tvhrch 4,2A22, in Casc No.
IPC-E-2143 and agrcc to be bund by thc tcnns rnd conditions of such Agccmcnt
//l,"L,t lr"ilu
PrintodNamc
0u- i,* 0^,*la,h, I fi*
Empdicr or P(rftr ,'
Bruiness Addre.ss
Party
I lWzz
a
Date
EXHIBIT"A'
tIDsrmll.goo0le.comrmdl/!fillflnbodFttiltlEctrvtfiplttcurCIrpLmDDMctlruc'fEoFctrEr UI
EXEIBIT ..A''
I have reviewed the foregoing Protmtive Agreement dated lvlsrch 4,2022, in Case No.
IPGE-2143 and agree to be bound by the terms and conditions of zuch efieemcnt.
LUv
Co-..{r..Ut;lt
C l"o'.^ E'rtt opf,**.,{rl $r, JI^l,.,
Printed Name
Employer orFirm
3?7 g / fl(.^t^trr. I ivr b r- 9[c, to I
BrsinessAddrqss 0oirc, ID 33 7O3
Coas E 0 ,a{,t{r , S. IA^[o
fin rK 1,-LozZ
Date
I
E}if,{IBI'f "4"
EX}IIBIT *A'
I have reviewed the foregoing Protective Agreement dated March 4, 2022, in Case No.
IPC-E-2143 and agree to be bound by the tsms and conditions of such Agreement.
Mike Louis
Public Utilities Commission
Employer or Firm
I l33l W. Chinden Blvd., Building 8, Suite 201-A
Boise.ldaho 83714
Business Address
Commission Staff
Porty
7 7 A-
Date
EXHIBIT"A'