HomeMy WebLinkAbout20020304Protective Agreement with Staff.pdf&11
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ATTORNEYS AT LAW
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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
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900 5W. Fifth Avenue. 5uile 2600
Portland. Oregon 97204
main SO3.ZZ4.3380
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ATTORNEYS AT LAW ..i ;'
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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
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CO m 155 Ion .
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~ ~ 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.