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HomeMy WebLinkAbout20220427Protective Agreement.pdf1r PROTECTIVE AGREEMENT BETWEEN IDAHO POWER COMPAIYY AND IDAHO PI.'BLIC UTILITIES COMMISSION STAFF hM .':rli -i i-111.';;r a) (AND OTHER PARTTES AS APPLICABLE) 2022-2023 Power Cost AdJustment t Pc- E- L*tt This Protective Agreement is entered into this l Tth day of November 2021 by ldaho Power Company ("ldaho Power") and the Idaho Publb Utilities Commission Staff, and other parties as applicable. Recitels: 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. WHEREAS, Idaho Power and the undersigned parties agree that entering into a Protective Agreement will expedite the production of documentq will afford the necessary protection to ldaho Power's and the undersigned parties' employees and/or representatives evaluating the 2022-2023 Power Cost Adjustrnent who might review the information and subsequently be reguested to reveal its contents by setting forth clear cut pararneters 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 AND AGREED AS FOLLOWS: l. (a) Confidential Informatioq 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 specifrrc legal authority to support the claim. IDAPA 3 1.01.01.233. t, 2022.2023 POWER COST ADruSTMENT - PROTECTTVE AGREEMENT. I (b) Protection of Confidential lnfornetlon Access to and review of Confidential Information shall be strictly conrrolled by the terms of this Agreement. Unless otherwise ordere4 Confidential Information, including transcripts of depositions containing information to which a claim ofconfidentiality is madg shall remain under seal, strall continue to be subject to the protective requirements of this Agrecmen! and shall not be disclosed to individuals who have not exocuted the nondisclosure agroement sct forth in Exhibit .6.rt (c) Use of Contldcndel lnformetlon All persons who may be entitled to review, orwho areafforded access to any Confidential Information by reason of this Agreement shall neither usc 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 contemplatcd hereiru and slrall keep the Confidential Information securc as trade secret, confidential or proprietary information and in accordance with the purposes and intent of this Agreement. (d) Persoos Entided to Revlew Access o Confidential Information shall be limited to couruel of the undersigned parties, employees, experts, agents or representatives of the undersigned parties who have erecuted an Exhibit "A" to this Agreenrent. Such information will be clearly marked and protected from unauthorized public disclosurc. (e) NondbdosureAerecment Confidential Information shall not be disclosed to any pe$on who has not signed 8 non- disclosure agreement on this form, which is attached hereto as Exhibit "A" and incorporated hercin. The non-disclosure agr€ement or Exhibit "A" shall require the person to whom disclosure is to be made to read a copy of this Protective Agreement and to certift 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 delivercd to counsel for the providing party, before disclosure is made. 2. Cooies 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 Agrcement. ri 2022.2023 FOWER COST ADruSTMENT- PROTECTIVE AGREEMENT. 2 r-\,3. Non-waiver of Obiection to Admissibilig 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. Challenqe to Conlidentialiw (a) Initiel 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 tade socret, 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 rcsolve any difference by stipulation. Resolution may include removing the confidential classifications, creating a non- confidential summary, reformatting the information, etc. (b) S-ubseouent 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) -Chellenpe Hearins Thechallenging party shall request that theCommission conduct anlw.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 comero hearing shall be rnarked "CONFIDENTIAL - Subject to Protective Agreement." To the extent necessary, the Eanscript 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. 2022-2023 POWER COST ADruSTMENT - PROTECTTVE AGREEMENT . 3 (d) Determinetion The parties will ask the Commission to issue an Order determining whether any challenged information or material is not properly decmed to be exanpt from public disclosure pursuant to the Idaho Public Records Act(IdahoCode $$ 74-l0l through 74-126). If information is found to be not exempt from disclosure, m party shall disclosc such challenged matcrial or use it in the public record, or othenvise outside the proceedings for at least five (5) business days unless the providing party consents to such conduct. This procedurc enables thc rcsrictions of this Agrcement from material claimed to be confidcntial. Such relief may be sought from the Commission tr a court of competent juridiction. 5. (e) Bpceiot Into Evidence Provision is hereby made for receipt into evidence in this proceeding of materials claimed to be conlidential in the following manner: (l) If the requesting party intcnds to us€ Confidential Information or to make substantive reference to Conlidential Information supplied to it underthis Agreement, it shall give reasonable prior notice of such intention to the providing party and slrall 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. (2) One (l) copy of the used Confidential Information or substantive reference to Confidential Information or substantive reference to Confidcntial Information described in pasagraph S(aXl) shall beplaced in the scaled record. (3) The copy of the documents to be placed in the sealed record shall be tendercd by counsel for the providing party to theCommission, and shall be maintained in accordance with the terms of this Protective Agrecment. (b) Seal While in the custody of the Commission, materials containing Confidential Information shall be marked "CONFIDENTIAL - SUBTECT TO ATTORNEY'S CERTIFICATE OF CONFIDENTIALITY" and shall not be examined by any person exc€pt under thc conditions set forth in this Agreement, if applicable. 2072-202' POWER COST ADruST}IENT - PROTECTIVEAGREEMEM.4 o (c) ^Ir Caaera Hearine and Trsnscr.iplq Any Confidential Information that must be orally disclosed at a hearing in lhe proceedings shall be offered al 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 lnformation) shall be marked and reated 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) Aooea! Should an appeal from the proceeding be taken, sealed portions of the record may be fonrarded to any court ofcompetent jurisdiction for purposes of an appeal, but under seal as designated herein for the information and use of the court. [f a portion of the record is forwarded to a coun 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 necessa{y to the record on appeal. 6. Use in P.leedings Where references to Confidential lnformation in thc sealed record or with the custodian is required in pleadings, brieG, arguments, or motions (except as provided in Paragraph 5), it shall be by citation to title or exlribit number or some other description that will not disclose the substantive Confidential lnformation contained therein. Any use of or substantive references to Confidential Informationshall beplaced in aseparatesection of thepleadingorbrief 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". 2022.2023 POWER COST ADJUSTMENT - PROTECTTVE AGREEMENT . 5 7. Surnnnarv of Record lf deemed necessaly by the Conunission, the providing panies shall prepare a written summary of the Confidential Information referred to in Orders to be issued to the public and the parties. t. Return or Destruction of Confidendal lnfmmaffon (a) Upon request of thc providing party, all original documents and copies of the Confidential Information shall be: (t) returned to the providing party; or (2) or at the option of the recipient desroyed within thirty (30) days after the final settlernent or conclusion of the proceedings, including administrativc or judicial rcview thereof, After return or destntction of documents pursuant to this pmgmph, and upon requcst, a written rcceipt veriSing l€tum or destruction shall be provided by counsel. (b) On a case-by-case basis and upon notification o the utility, the Commission Staff may retain one copy of the Confidential lnformation under seal. Notrvithstanding any other provision in this Agreemenf any member of Staffmay review and use that copy of the Confidential lnformation outside this proceeding while performing his or her duties as a Staff membcr. StaFs use and disclosure of the Confrdential Information in a later Commission proceeding shall be subject b any protective agrement 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 eitherretumed to the providing party or, at the option of the recipient, destroyed. 9. Elfective Date This Protective Agreement shall become effective on the date hereof, lll ilt lll lil lil ilt 20?2.2023 POWER COST ADruSTMENT - PROTECTIVEAGREEMENT.6 C. DATED this lTth day of November 2021 . IDAHO POWER COMPAT{Y X;,0.(^*t"^, By: Lisa D. Nordstrom Idaho Power Company l22l West ldaho Sueet Boise,ldaho E3702 Attomey Representing ldaho Power Company IDAHO PUBLIC UTILITTES COMMISSION STAT'F' By: Dayn Deputy Attorney General Idaho Public Utilities Commission I l33l W. Chinden Blvd., Bldg t, suite 201-A (E3714) FO Box 83720 Boise, Idaho 83720-0074 Attorney Representing the Idaho Public Utilities Comrnission Staff 2022.2023 POWER COST ADruSTMENT - PROTECTIVE AGREEMENT . 7 Ct (-,r EXHTBIT "A" I have reviewed the foregoing Protective Agreement dated November 17,2021, for the 2022-2023 Power Cost Adjustment and agroe to be bound by the terms and conditions of such Agreement Public Utilities Commission Employer orFirm I l33l W. Chinden Blvd., Building 8, Suite 201-A Boise. Idaho 83714 Business Address Commission Staff Party Date 3 EXHIBIT'A" @ G RXHIBIT "A" I have reviewed the foregoing Protective Agreernent dated November 17,2A21, for the 2A22-ZA?3 Power Cost Adjustnent and agree to be bound by the tenns and conditions of such Agrccrnent. Public Utilities Commission Employer or Firm I l33l W. Chinden Blvd., Building 8, Suite 201-A Boise.ldaho F3714 .. ... , Business Address CommissionStraff ,, Party z /? @ EXHIBIT"A" EXHIBIT ..Aln I have reviewed the foregoing Protective Agreement dated Novenrber 17,2021, for the 2022-2U23 Power Cost Adjustmcnt and agree to be bound by the tcrms and conditions of such Agreement. Taylor Public Utilitics Commission EmployerorFirm ll33l lV. Chinden Blvd., BuildingS, Suitc 201-A Boisc. Haho 83714 Busincss Addrcss Commission Staff Party 0 Date E'CIIBIT'A" EXHIBIT ..A" I have revicwcd the foregoing Protective Agreemcnt dated Novembcr 17, 2{121, for the 2A?9-2023 Porrcr Cos Adjustment and agree to be bound by the terms and cqrditions of such Agreement. JCfu Travis Culbertson Public Utilities Commission ErnployororFirm I l33l W. Chinden Blvd., Building 8, Suite 201-A Boisc.Idaho 83714 Busines Addrcss Commission Steff 'f -zl-LoLL bate Party EXHIBIT'A' EXIIIBIT ..A'' I have reviewed the foregoing Protective Agreement dated November 17, 2021, for the 2022-2023 Power Cost Adjustment and agrce 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. Idaho 83714 Business Address Commission Staff Party o"7 Date EXHIBIT'A' EXIIIBIT "A' I have reviewed the forcgoing Protective Agreement dated November 17, 2021, for the 2022-2023 Power Cost Adjustment and agrce to be bound by the terms and conditions of such Agreement. Curtis Thaden Public Utilities Commission EmptoyerorFirm I l33l W. Chinden Blvd., Building E, Suite 201-A Boise- ldaho 83714 Business Address Commission Staff Party q-e1-20 e^ Datc EXHTBTT'A' EXHIBIT "A' I have reviewed the foregoing Protcctive Agrecment dated November l7,2OZl, for dre 2022-2023 Power Cost Adustment and agrcc to bc bound by the terms and conditions of such Agreement. uild, MichaelEldrcd Public Utilitics Commission Employer or Firm I l33l W. Chinden Blvd., Building 8, Suitc 201-A Boise.ldaho 83714 Business Addrcss Commission Staff Party Z LL Date EXIIIBIT'A' EXHIBIT ..A,' I have reviewed the hregoing Protective Agrcement dated Novcmber 17, 2021, for thc 20A2-2023 Power Cost Adjustment and agrcc to be bound by the terms and conditions of such Agreement. Mikc Louis Public Utilities Commission Employer or Firm I l33l W. Chinden Blvd., Building t, Suite 201-A Boise. ldaho 83714 Busincss Addttss Commission Staff Party ,/?-?fuz* Date E)OIIBIT"A' EXHIBIT ..A" I have reviewed the foregoing Protective Agreement dated November 17,2021, for the 2022-2A?J Power Cost Adjustment and agree to be bound by the terms and conditions of such Agreement. Publ ic Utilities Commission Employer or Firm I l33l W. Chinden Blvd., Building 8, Suite 201-A Boise. tdaho 83714 Business Address Commission Staff Party Keyt q/&?/nor- Date EXHIBIT'A' EXIIIBIT "A'' I have reviewed the foregoing Protcctive Agreement dated November 17,2021, for the 2022-2023 Power Cost Adjustment and agr€e to be bound by the tcrms and conditions of such Agrcement. Laura Public Utilities Commission Employer or Firm I l33l W. Chinden BM., Building 8, Suite 201-A Boise. ldaho 83714 Business Address Commission Stefr Party L1 ilrao- Date EXHIBTT'A"