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HomeMy WebLinkAbout20020304Protective Agreement with Staff.pdf&11 j.J t1 V'" 5 TO E L ~~, i;CC;.:i~r:LJ :-. ; r-- - . ,~- ' . 2015. Main Street. Suite 1100 Salt lake City. Utah 84111 main 801.328.3131 fax 801.578.6999 Ivww.stoel.com ... ' ~~n7/'"i.,.u,- iI,,;; -Pi! 3: 44 ATTORNEYS AT LAW , , ,', ~d~_ ;;';,~., " ;;~::iOU March 1 2002 JOHN M. ERIKSSON Direct Dial (801) 578-6937 email :jmeriksson~stoel. com Scott Woodbury Idaho Public Utilities Commission O. Box 83720 Boise, Idaho 83720-0074 Re:Case No. PAC-O2- Dear Scott: Enclosed is the executed Protective Agreement between PacifiCorp and Staff in the above-referenced matter. Very truly yours John M. Eriksson JME:sm Enclosure Oresnn Woshinston Calilnrnia Utah I d a h (1 SaltLake-1674441 0020017.00042 03/01102 13:55 '6'208334 3762 IDAHO PUC 1410021008 PROTECTIVE AGREEMENT BETWEEN PACIFICORP AND IDAHO PUBLIC UTILITIES COMMISSION STAFF This Protective Agreement is entered into this /~ day cfMarch 2002 by PacifiCorp and the Idaho Public Utilities Commission (Staff). Recitals~ 1. WHEREAS, Pacifi.Corp desires to make available to the Staff certain information respecting PacifiCorp' s Application for approval of proposed electric service schedules (Case No. P AC-02-1), and Staff desires to receive such information. 2. WHEREAS. Pac:ifiCorp and Staff anticipate that PooifiCcnp may provide, or make available for review, certcUn information, considered by PacifiCorp to be ora trade secret, privileged 01" confidential nature (as defined in Idaho COM 9 9-340 et seq. and g 48-801 et seq. 3. WHEREAS. PacifiCorp and Staff agree that entering into a Protective Agreement will expedi1e the production 0 f documents; will afford the necessary protection to PacifiCorp' s and Staff's employees and/or representatives in this proceeding who might revievv the information and subsequently be requested to reveal its contents by setting forth clear cut pa:ranteters for use of Confidential Information, and will protect Confidential Information whichmigbt be provided hereafter. IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS: 1. (a) Confidential Information. An documents, data. infonnation, studies and other materials furnished that arc claimed to be of mule secret, proprietary OT confidential nature (herein refeTTed to as "Confidential Infonnation ) shall be so marked by PacifiCorp by stamping the same with a designation indicating its trade secret., proprietary or confidential nature and printed on "colorW." paper. 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. mAPA 31.01.01.067 and 31.01.01.233. Access to and review of Confidential InformaUon shall be strictly controlled by the terms of this Agreement. PROTEcrNE AGREEMENT P ACIFICORP AND IPUC STAFF 03/01102 13:56 '6'208 334 3762 IDAHO PUC 141 003/008 (b) Use of CourJ.dentiallnformatioD All persons who may be entitled to review, or who are afforded access to any Confidential Infonnation by reason of this Agreement shall neither use nor disclose the Confidential Infonnation for purposes of business or competition, or any purpose other than the purpose of preparntion for and conduct of the proceedings before the Commission and then solely as contemplated herein, and shall keep the Confidential Information secure as trade secret. confidential or proprietary infoTIIIatton and in accordance with the purposes and intent oftlUs Agreement. (e) Penons Entitled to Re\iew. Access to Confidential InfoIUlation shall be limited to counsel oftbe 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. (d) Nond.W:losnre Aareement. Confidential Infuunation shall not be disclosed to any person who has not signed a nondisclosure agreement on this form, which is attached hereto as Exhibit "A" and incorporated herein. The nondisclosure agreement or Exhibit .. A" shall require the peTSon to whom disclosure is to be made to read a copy of this Protective Agreement and to certify in writing that he or she bas reviewed the same and has consented 1D be bound by its terms. The Agreement shall contain the signatory s fun name) pemument addmis and employer. Such agreement shan be delivered to counsel for PacifiCorp before disclosure is made. :%.. (a) Copies. No copies or transCriptions of the Confidential Information sbal1 be made by Staff except as uecessary to make the information available to individuals who have executed an Exhibit "A" to this Protective Agreement. b) Retun. of eonfideutial Infunnation. Upon request of PacifiCorp, aU original documents and copies of the Confidential Information shall be: 1) returned to PacifiColp, OT 2) shredded by the holder of such documents. Unless otherwise ordered, Confidential Information, including tranSCripts or depositions containing information to which a claim of confidentiality is made, shall -remain under seal, shall continue to be subject to the protective requitements of this Agremnen~and shalllikewi5e, be PROTECTIVE AGREEMENT PACIFICORP AND IPOe STAFF 03/01102 13:56 '6'208 334 3762 IDAHO PUC 141004/008 returned to counsel for PacitiCorp within thirty (30) days after final settlement or conclusion of the proceedings. before the Commission which Confidential Information is' rel~ant including administrative or judicial review thereof. After return of documents pursuant to this paragraph. and upon request. a written receipt verifying return &hall be provided by counsel. (c) Return orNate!. Any notes maintained by a recipient of Confidential Information which embody or reflect iIIlY of the Confidential Information provided under this Agreement 5hal~ upon PacifiCoIp, be either returned to PacifiCo'ij) or, at the option of the recipient, destroyed. 3. Nonwaiver of Objection to Admissibilitv. 'The furnishing of any document, information, data. study or other materials pursuant this Protective Agreement shall in no way limit or waive the right ofthc providing party to object to ita relevance or admissibUi1y in any proceedings before this Commission. 4. Challenfe to Conndentlalitv ~) bOna. ChaUen~~ This Protective Agreement establishes a procedure for the e.~editious handling infoIDlahon PacifiCorp claims is confidential. In any p~g before the Commission, Staffmay challenge the characterization of any infonnation document, data or study claimed by PacifiCorp to be a trade secret. proprietary or confidential information. If seeking to challenge the confidentiality of any information Staff shall first contact counsel for PacifiCorp and attempt to resolve any difference by stipulation. Resolution may include removing the confidential classiflcatioDS., creating a non-con:fidential sumIIl8I)',refonnatting the information, etc. (b) Subsequent CbaUeof!e. In the event that the parties cannot agree as to the chaIactcr ofthc infonnation challenged, Staff'may chaJlengc the confidentiality of the information by petitioning in any proceedIDg in which the information is relevant the Commission to TUle upon the disputed. infunnation. The Petition shall be served upon the Commission and all parties to the proceeding who have signed on Exhibit .'A" as provided in this PJvtective Agn::mnent. The Petition shal t designatewith specificity the document or material challenged and state the grounds upon which the subject material are deemed to be non- Confidential by Staff. PROTECTIVE AGREEMENT PACIFICORP AND IPUC STAFF 03/01102 13:57 '6'208 334 3762 IDAHO PUC 141 005/008 (e) Challen~e Heariu. Staff shall request that the Commission conduct an in camera proceeding where only those persons duly authorized to have access to such chaJlenged materials under this Protective Agreement shall be present This hearing shall be commenced no earlier-than five (5) bWloiness days after serving the Petition on PacifiCorp 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 aflbis Agreement. (d) petennlnatlon. 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 p~uant to the Idaho Public Records Act. (Tdalw Code ~ ~ 9-335 et seq.Ifinfonnation is found to be not exempt iTom disclosure, Staff shall not disclose such challenged material or use it in the public record., or otherwise outside the proceedings for at least five (5) business days unless PacifiCorp consents to such conduct. This procedure enables the providing party to seek a stay or other relief from the Commission s Order removing the restrictions of this Agreement from m.an:rial claimed to be con:fidentiaJ. Such re1iefmay be sought ti:om the Commission or a court of competent jurisdiction. 50 (a) Receiot Into Evidence. Provision is hereby made for receipt into evidence in this pnx:eeding of materials clainted to be confidential in the following manner. (1) If Staff intends to use Confidential InfoIID81ion or to make substantive rcfcnmcc to Confidential Infonnation supplied to it under this Agreement, it shall give reasonable prior notice of such intention to PacifiCorp and shalt provide copies oftbe used Confidential Information or substantive rcfcnmcc Confidential Infonnation only to the providing party, and such other parties, if any. who have executed an Exhibit "A" to this Protective Agreement. (2) One (1) copy of the used Confidential Information or sub$t.antive reference to Confidential Information Ot substantive reference to Confidentiat Informarion descn"bed in paragraph 5(a)(l) shall be placed in the scaled Ta:Oro. PROTECTIVE AGREEMENT PACIFICORP AND IPUC STAFF 03/01102 13:57 '6'208 334 3762 IDAHO PUC 141 006/008 (3) Only one (1) copy of the documents designated to be placed in a sealed record shall be made:, which copy shall be supplied by the providing party. (4) The copy of the documents to be placed in the sealed record shall betendcrcd by counsel for PacifiCorp to the CoIDJE'lission, and shall be maintained in accordance with the terms oftrus Protective Agreement. (b) While in the custody of the CommissiODt materials containing Confidential Information shall be marlced "CONFIDENTIAL - - SUBJECT TO ATTORNEY'S CERTIFICATE OF CONF1DENTIALITY" and shall not be examined by any person except Wlder the conditions set forth in this Agreement. ifapplicable. (c) In CamuQ Hearin~ aDd Transcripts. 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 :x:amination or other reference to Confidential Information (or that portion of the record containing Confidential Infonnation) shall be marked and treated as plOvided herein for Confidetttia1 Information. See IDAPA 31.01.01.287. (d) Aeeess to Reeonl. Access to sealed testimony, records. and infonnanon shall be: thnited to the Commission and persons who have signed an Exhibit "A" as provided in this Protective Agreement, unless such infonnation is released from the restrictions of this Agreement either through agreement of the parties or after notice to the parties and hearing, plD'Suant to the order of the Commission and/or the final order of a comt having final jurisdiction. (c) AuueaJ. Should an appeal from the proceeding be taken. sealed portions of the record may befo~ to any com1 of competent jurisdiction for purposes of an appeaJ., but under seal as designated herein for the information and use ofthc court. If a portion of1hc record is forwmded to a court under seal for the pUlpOSCS of an appeal, the providing party sha.11 be notified which portion of the scaled record has been designated by the appealing party as necessary to the record on appeal. PROTECTIVE AGREEMENT PACIFICORP AlID JPUC STAFF 03/01/02 13:58 '6'208 334 3762 IDAHO rue 141 007/008 7. Use in Pleadin~ Where references to Confidential Information in the sealed record or with the:: custodian is required in pleadings, briefs, arguments, OT moDom (except as provided in Paragraph 5). it shall be by citation to title or exhibit number or some other description that win not disclose the substantive Confidential Infoanation contained thcrcin. Any use of or substantive references to Confidential Information shall be placed in a separate section of the pleading or brief and submitted to the CoIDIIlission pursuant to Paragraph 5. Thi s sealed section shall be seJViced only on counsel of record who have signed the non-disclosure agreements set forth in Exhibit .. A" attached to tbis Protective Agreement,. and may. in turn.. be disclosed by them only to individuals who H1c:ewise signed Exhibit 8. Summary or Recant. If deemed necessary by the Commissi~ PacifiCorp shall prepare a written summary of the Confidential Infonnation referred to in Orders to be issued to the public and the parties. 9. This Protective Agreement shall become effective on the date hereof. DATED this / $-r-day ofMaroh 2002. PACD1CORP 201 S. Main, Suite 1100 Salt Lake City. UT 84111 Attorney Representing PacifiCorp IDAHO PUBLIC UTILITIES COMMISSION STAFF By b~/.. Scott D. Woodbury Deputy Attorney General Idaho Pub1i& Utilities Cmmnissiou 472 West WashingtOll Street Boise, ID 83702 Attorney Representing Idaho Public Utilities Commission Staff PROTECTIVE AGREEMENT PACIFICORP AND IPUC STAFF 03/01/02 13:58 "a'208 334 3762 IDAHO PUe 141 008/008 EXHIBIT II I have reviewed the foregoing Protective Agreement dated March _2002 in Case No. PAC~E-O2- and agree to 'be bound by tb.e tcnns and conditions of such Agreement. Name Employer or Firm Business Address Party Date PROTECTIVE AGREEMENT P ACIFICORP AND IPUC STAFF EXHIBIT I have reviewed the foregoing Protective Agreement dated March 1 2002 in Case No. PAC-02- and agree to be bound by the terms and conditions of such Agreement. Name: OE LECKIE IDAHO PUBLIC UTILITIES COMMISSION Employer or Firm 472 W. WASHINGTON STREET. BOISE Business Address COMMISSION STAFF P arty ~/211o v- Date j~/m - :~~,:~: ' ;:: J 5 TO E L ~~,..._-. Z==2i:"':ZJ I :~ 0:23 900 5W. Fifth Avenue. 5uile 2600 Portland. Oregon 97204 main SO3.ZZ4.3380 fax SO3.220,l480I-.stool.com -, ,:,. ATTORNEYS AT LAW ..i ;' ~~:, :,::j ,:~;;;- ;l~:':!C:: March l8 , 2002 VIA FACSIMILE AND US MAIL ERINN KELLEY-SIEL Direct (503) 294-9546 ekelleysiel~stoel.com Scott Woodbury Idaho Public Utilities Commission O, Box 83720 Boise, Idaho 83720-0074 fax: (208) 334-3762 Re: ,/ Protective Agreements in Case Nos. PAC-OO-5, PAC-OO-6, PAC-Ol-16, and PAC-O2-1 . Dear Mr. Woodbury: This is to confirm our conversation this morning regarding the inadvertent omission of standard paragraph 6 from the Protective Agreements signed by Staff and PacifiCorp in the above listed proceedings. PacifiCorp was notified of that omission by letter from the Commission dated March 5, 2002 (attached). As per our conversation, PacifiCorp understands that Staff agrees that the following paragraph should be inserted between pages 5 and 6 of each of the Protective Agreements in the above listed proceedings: 6. Destruction (or Return Unless otherwise ordered, Confidential Information provided pursuant to a discovery request and this Agreement, including transcripts of any discovery depositions 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 be destroyed (shall be returned to counsel for the providing party) within thirty (30) days after final settlement or conclusion of this matter, including administrative or judicial review thereof. Oregon \V.shlnstoo Calif"",," Utah Portlm13-1375966,1 0058802-00104 I J . h " Scott Woodbury March l8 , 2002 Page 2 By this letter, PacifiCorp indicates its agreement to the same. Very truly yours, t:?t )&j~~- (;51 Erinn Kelley-Siel Enclosure cc (w/o encl.): John Eriksson Porrlnd3-1375966,! 0058802-00104 IDAHO PUBLIC UTiliTIES ~~" :i:O CO m 155 Ion . -" ~- . :. ~ ~ 1i'.Q. BeX~720, Boise, Idaho 83720-0074 . ..' . .' , Paul Kjellander, President . ~ - I -Marsha H. Smith, Commissioner ..: lU !;.:,j C::j;-i:'i!S:3 iG:~ Dennis S. Hansen, Commissioner Dirk Kempthome, Governor .-- March 5 , 2002 STOEL RIVES S.LC. MAR "? ,002 RECEIVED John Eriksson Stoel Rives 201 S. Main Street, Suite 1l00 Salt Lake City UT 84111 RE: Protective Agreements in Case Nos. PAC-OO-5, PAC-OO- PAC-Ol-16 and PAC-O2- Dear Mr. Eriksson: The attached standard paragraph 6 was inadyertently omItted from the Protective Agreements in the above mentioned cases. If you agree to the language of the paragraph please insert this page between pages 5 and 6 of the Protective Agreement. If you have questions regarding the paragraph language, please contact Scott Woodbury at (208) 334-0320. Sorry for any inconvenience this may have caused. Sincerely, (~t,v\O~ \~t7\v.2~ Brenda Sorrell Legal Administrative Assistant Enclosure Located at 472 West Washington Street, Boise, Idaho 83702 Telephone: (208) 334-0300 Facsimile: (208) 334-3762 6. Destruction for Return1 Unless otherwise ordered, Confidential Information provided pursuant to a discovery request and this Agreement, including transcriptS of any discovery depositions 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 be destroyed (shall be returned to counsel for the providing party) within thirty (30) days after final settlement or conclusion of this matter, including administrative or judicial review thereof.