20210803Protective Agreement.pdf

pRorECTrvE AGRBEMENT . ."1 f:
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PACIFICORP DBA ROCKY MOIINTAIN POWER r,:,; i ,irir -/? ru l$: L1l
2O2O AT]NNUAL DEMAND SIDE MANAGEMENT REPORfJ;I ) -i J HI I
(CASE NO. PAC-E-05_10) , ,
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This Protective Agreement ("Agreement") is entered into this 29fi day of July, 2021 by
PacifiCorp dba Rocky Mountain Power ("Rocky Mountain Power" or "Company") and Idaho
Public Utilities Commission Staff ("Commission Staff').
Recitals:
WHEREAS, the Company filed its Idaho 2020 Annual Dernand Side Managernent Report
on April 20,2021 (*2021DSM Report");
WHEREAS, in connection with such filing, the Company anticipates providing
Commission Staff access to certain confidential information, which requires execution of this
Agreement as a condition precedent to such discussions and exchange of such confidential
information fuither described herein;
WHEREAS, Rocky Mountain Power and Commission Staff agree that entering into a
Agreement will expedite the review process; will afford the necessary protection to Rocky
Mountain Power's and Commission StafPs ernployees and/or representatives 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 hereafter,
IT IS HEREBY STIPI]LATED AIYD AGREED AS FOLLOWS:
1. (a) Conlidential 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 lnformation") 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. Access to and review of
Confidential lnformation shall be strictly controlled by the terms of this Agreement.
(b) Use of Confidential Information
All persons who may be entitled to review, or who are af[orded access to any Confidential
Information by reason of this Agreement shall neither use nor disclose the Confidential
IPROTECTIVE AGREEMENT
lnformation for purposes of business or competition, or any purpose other than the purpose of
evaluating the 2021 DSM Report, and shall keep the Confidential Information secure as trade
secret, confidential or proprietary information and in accordance with the purposes and intent of
this Agreement.
(c) 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.
(d) Non-disclosure Asreement
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 Agreernent and to certifu 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. (a) 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
A to this Agreonent.
(b) Return of Confidential Information
All original documents and copies of the Confidential tnformation shall, at the providing
party's option, be: (1) returned to the providing party or (2) shredded by the holder of such
documents within thirty (30) days after the conclusion of its evaluation of the 2021 DSM Report.
Upon request, counsel for the receiving party shall certifr in writing to the providing party that the
information has been either retumed or shredded as described above.
Unless otherwise ordered, Confidential Information, including franscripts of depositions
containing information to which a claim of confidentiality is made, shall remain under seal until
returned or shredded as described above; however, this shall not affect any obligation to ensure
the Confidential Information received by the Parties is kept confidential, which obligation shall
continue indefinitely.
2PROTECTTVE AGREEMENT
(c) Retention of Confidential Information bv Staff
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 Staff may review and use that copy of the Confidential
Information outside this proceeding while performing their 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.
(d) Return of Notes
Any notes maintained by a recipient of Confidential Information which embody or reflect
any of the Confidential lnformation provided under this Agreonent shall, upon request of the
providing party, be either returned to the providing party or, at the option of the recipient,
destroyed.
3. Non-waiver of Obiection to Admissibilitv
(a) The fumishing of any document, information, data, study or other materials
pursuant to this 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.
(b) Seal While in the custody of the Commission, materials containing Confidential
Information shall be maTked "CONFIDENTIAL - Subject to Protective Agreement" and shall
not be examined by any person except under the conditions set forth in this Agreement, if
applicable.
(c) In Camera llearine and Transcripts
Any Confidential lnformation that must be orally disclosed at a hearing shall be offered at
an in camera hearing, attended only by persons authorized to have access to the information under
this Agreement. Similarly, my hanscription 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 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 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.
3PROTECTTVE AGREEMENT
4. Use in Pleadines
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) in this
case, 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 lnformation shall be placed in a separate section of the pleading or brief and
submitted to the Commission pursuant to Paragraph 3. This sealed section shall be serviced only
on counsel of record who have signed the nondisclosure agreernents set forth in Exhibit A attached
to this Agreement, and may, in turn, be disclosed by them only to individuals who likewise signed
Exhibit A.
5. 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.
6. Jury Waiver
To the fullest extent permitted by law, each of the parties hereto waives any right it may
have to a trial by jury in respect of litigation directly or indirectly arising out of, under or in
connection with this agreement. Each party further waives any right to consolidate any action in
which a jury trial has been waived with any other action in which a jury trial cannot be or has not
been waived.
7. Term.
This Agreement shall expire on the earlier of: (i) two (2) years from the date of this
Agreement, or (ii) the conclusion of the evaluation of the 2021 DSM Report; provided, however,
such termination shall not affect any obligation with respect to Confidential Information received
by the Parties prior to such termination, which obligation shall continue indefinitely
4PROTECTIVE AGREEMENT
DATED this 29e day of July, 2021
ROCI(Y MOT]NTAIN POWER
,,,^t- Uery,,,--
Emily Weg/trer a
Attomey for Rocky Mountain Power
IDAEO PUBLIC UTILITIES COMIVtrSSION STAT'f,'
Dayn Hardie
Deputy Attomey General
Idaho Pr$lic Utilities Commission
5PROTECTWE AGREEMENT
EXHIBIT A
2O2O AIYNUAL DEMAND SIDE MANAGEMENT REPORT - PAC.E-os-IO
I am a representative, contractor or employee of the Idaho Public Utilities Commission. I have
reviewed the foregoing Protective Agreement dated the 29th day of July 2}2l,and agree to be
bound by it.
Jrr* 0r.,),icl'
Terri Carlock
Date
e9 e0al
6PROTECTIVE AGREEMENT
EXIIIBIT A
2O2O AI\INUAL DEMAND SII'E MANAGEMENT REPORT - PAC.E.Os.TO
I am a representative, conftactor or employee of the ldaho Public Utilities Commission. I have
reviewed the foregoing Protective Agreement dated the 29e day of July 202l,and agree to be
bound by it.
7-zq-2ozt
Date
7PROTECTIVE AGREEMENT
EXIilIBIT A.
1010 AlfNUAt DEIIIAND SIDE I,IANAGEMENT REfOnf - P.A.C-E-05.10
I am a rcpresentativq contractor or enrployee of the Idaho Publie Utilities Commission. I have
revielgod the foregoiag Protective Agremmt dated the 29e day of July 202l,and agrce to bc
bsund by it.
...,
Brad -/r
Tlzt/ z1
Dete
8PROTECTIVE ACREEMBNT
EXIIIBIT A
2O2O A}INUAL DEMANI, SIDD MANAGT,IUETIT REPORT - PAC=E.O&IO
I am a reprwcatadve, cotrfractor or empluyee oftlre Idaho Publis Utilitiu Cornmission. I harre
reviened the foregoing Prctoctiw Agrwrrrcnt dated the 29s day of July zCIzl,aod agrec to be
bormd by it.
RIck
-t L
Date
9PROTECTIVE AGREENIEilIT
EXINIBIT A
2O2O ANNUAL DEIT{AND SIDE MA.N.dGEMEI\TT RBPORT. PAC-8.{I5-10
I am a representative, contractor or employee of the Idaho Public Utlllties Cornmisoion. I have
reviewed the foregoing Protecti.ve Agreement dated the 29tr day of July 2A2l,and agree to be
bound by it.
q ol
Date
PROTECTTVE AGREEMENT 10
EXHIBIT A
2O2O ANNUAL DDMAND SIDE MANA.GEMENT REPORT - PAC.E-05-10
I am a representative, oontrsCItor or employee of the Idaho Fublic Utilities Cornrnission. I have
reviewed the bregoing Protective Agreement dated the29n day of July z}zl,and agree to be
hound by it.
Mike
Z q
Date
PROTECTIVE AGREEMENT ll