20220607Protective Agreement.pdf

PROTECTM AGREEMENT :i,; ji.:;; -" .i pi.j tr: ZZ
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IDAHO PUBLIC UTILITIES COMMISSION STAFF : ' .-,-:,.1.',,i:;!iCi',I
(AND OTHER PARTIES AS APPLICABLE)
CASE NO. IPC-E.22.I3
Application for a Certificate of Public Convenience and Necessity to Acquire Resources to
be Online by 2023 to Secure Adequate and Reliable Service to Its Customers
This Protective Agreement is entered into this 29h day of April 2022by Idaho Power Company
("Idaho Power") and the Idaho Public Utilities Commission Stafl and other parties as applicable.
Recitals:
1. WIIEREAS,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 inldoho 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-22-13 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 IIEREBY STIPULATED AI\D 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.
[PC-E-22-13 - PROTECTIVE AGREEMENT - I
(b) Protection of Confidential Information
Access to and review of Confidential Information 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."
(c) Use of Conlidential 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-disclosureAqreement
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 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
'oA" to this Protective Agreement.
IPC.E-22.13 _ 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. Challenee to Conlidentialitv
(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 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) Challense Hearine
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.
,tPC-8.22-13 -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:
(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 lnformation
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-22.13 _ PROTECTIVE AGREEMENT . 4
(c) In Camera Hearins. and Trrnscriots
Any Confidential Information that must be orally disclosed at a hearing in the proceedings
shall be offered at 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
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) Aooeal
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 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 not disclose the
substantive Confidential Information contained therein. Any use of or substantive references to
Confidential Information shall be placed in a separate section ofthe pleading orbrief 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.22.13 - 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 party, all original documents and copies of the
Confrdential 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 veriffing 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. 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.
ilt
IPC-E-22-13 _ PROTECTIVE AGREEMENT - 6
DATED this 29th day of April2022.
IDAHO POWER COMPAT\TY
By:fuzdett<-
Donovan E. Walker
Idaho Power Company
1221 West Idaho Street
Boise,Idaho 83702
Attorney Representing ldaho Power Company
IDAIIO PT'BLIC UTILITIES COMN{ISSION STAFF
By:
Deputy Attomey General
Idaho Public Utilities Commission
I l33l 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-22-13 _ PROTECTIVE AGREEMENT - 7
DArED u-Mtweza2z.
INIIUSTRIAL C"[ISTOMERS OT IDAEO FOWER
Byr
J.
Richatdson Adams, PLLC
515 N. Zls Suect
Boise, Idalro t3702
Attomcy Reprcsonting IndusEial CuSomersof ldaho Pows
IBC.E.22- 13 - PROTBCTIVE AGREEMENT. E
DATED this 3rd day ofJune 2022.
C. Tom Arkoosh
Amber Dresslar
Arkoosh Law Offrces
913 W. River Street" Ste.450
P.O. Box 2900
Boise,ID 83701
Attonrey Representing ldallydro
IDAHYDRO
OBy:
TPC-8.22.13 _ PROTECTTVE AGREEMENT . 9
EXHIBIT "A'
I have reviewed the foregoing Protective Agreement dated April 29,2022, in Case No.
IPC-E 22-13 and agree to be bound by the terms and oonditions of such Agreement.
Riley Newton
PrintedName
ldaho Public Utilities Commission
Employer or Firm
11331 W. Chinden Blvd., Ste.201-A, Boise, !D 83714
Business Address
Commission Staff
Parly
51312022
Date
EXIIBIT"A''
EXIIIBIT..A"
I have reviewed the forcgoing Protective Agreement dated April 29,2022, in Case No. IPC-E 22-13
and agree to be bound by the terms and conditions of such Agrcement.
or Firm
I l33l W. Chinden BIvd., Building 8, Suite 201-A
Boise.Idaho 81714
Business Address
Commission Staff
Party
"ZDate
E)O{IBIT'A"
EXHIBIT ..A''
I have reviewed the forcgoing Protective Agreernent dated April29,2022, in Case No. IPC-E-22-13
and agree to be bound by the terms and conditions of such Agreement.
Jolene
Public Utilities Commission
Employeror Firm
I l33l W. Chinden Blvd., Building 8, Suite 201-A
Boise.Idaho 83714
Business Addrcss
Commission Staff
Party
Date
EXHTBIT "A'
EXHIBIT *A"
I have reviewed the foregoing Protective Agreement dated April 29,2022, in Case No. IPC-E-22-13
and agree to be bound by the terms and conditions of such Agreement.
Public Utilities Commission
Employeror Firm
I l33l W. Chinden Blvd., Building 8, Suite 201-A
Boise.Idaho 83714
Business Address
Commission Staff
Party
Date
Keyt
EXHIBIT "A"
EXHIBIT "A'
I have reviewed the forogoing Protective Agreement dated April 29,2022, in Case No.
IPC-EA2-13 and agree to be bound by the tsrms and conditions of such Agreement
AmbcrDresslar
PrintedName
Arkoorh [.ew Offices
Employer or Firm
PO Box 2900.Boiso.ID 83701
Business Address
IdaHydno
Party
68nA22
Date
E)(HIBIT "A'
I have reviewed the foregoing ProGotive Agreement dated April 29,2022, in Case No.
IPC-E-22-13 and agree to be bound by the terms and conditions of such Agreernent.
Erin Cccil
PrinrcdName
Arkooah Lan, Offtccs
Employer or Firrr
PO Box }W,Boisc,ID 83701
Bustress AddrEss
IdaHy&o
Party
68nun
Dato
B)ruIIBIT*A'
EXTIIBIT "AI'
I have reviewed thc foregoing Protective Agreement dated April 29,2A22, in Casc No.
IPC-E-22-13 and agrce to be bound by the terms and conditions of srrch Agrecmenl
1^r-. t 7nu tta
Printed Name
AQ-lz,t'(tt Ltr^tl
Employcror Firm
ablwl. Pltna-*iltE C*t
Business Address &$6 r tD gSZoZ
Porty
z
Date
EXHIBIT'A-