20081015Protective Agreement.pdf

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RECEiVEDPROTECTIVE AGREEMENT. BETWEEN . _'OCl \5 ,".2=25
PACIFICORP DBA ROCKY MOUNTAIN POWER AM) '" . .
IDAHO PUBLIC UTILITIES COMMISSION STAFF iO~Jì.SOCPO. H~h\~S\ON
UTlL\TIi;
Ths Protective Agreement is entered into this 7th day of October 2008 by PacifiCorp
dba Rocky Mountain Power and the Idaho Public Utilties Commission (Sta.
Recitals:
1. WHEREAS, PacifiCorp dba Rocky Mountan Power (Rocky Mountain Power) desires to
-make available to the Staff certain information respecting Rocky Mountain Power's Application
requesting to change its electrc service schedule rates (Case No. PAC-E..08-07), and Sta desires to
receive such information.
2. WHEREAS, Rocky Mountan Power and Staf anticipate that PacifiCorp may provide,
or make available for review, certin information, considered by PacifiCorp to be of a trade secret,
privileged or confdential natue (as defined in Idaho Code § 9-340 et seq. and § 48-801 et seq.).
3. WHEREAS, Rocky Mountain Power and Staf agree that entering into a Protective
Agreement wil expedite the production of documents; will afford the necessar protection to Rocky
Mountain Power's and Staff s employees and/or representatives in ths proceeding 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 STIPULATED AND AGREED AS FOLLOWS:
1. (a) ConfidentialInformation.
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, proprietar or confidential nature (herein referred
to as "Confdential Information") shall be so marked by the par or entity providing the information
by stamping the same with a designation indicating its trade secret, proprieta or confidential natue
and printed on "colored" paper. Any claim of confidentiality must be accompaned 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. IDAPA 31.01.01.233. Access to and review of Confidential
Information shall be strictly controlled by the tenus of this Agreement.
PROTECTIVE AGREEMENT i
(b) Use of Confidential Information
All persons who may be entitled to review, or who are aforded access to any Confdential
Information by reason of ths Agreement shall neither use nor disclose the Confdential Information
for purses of business or competition, or any purse other than the purse of preparation for and
conduct of the proceedings, and then solely as contemplated herein, and shall keep the Confdential
Inormation secure as trde secret, confidential or propreta inormation and in accordace with the
puroses and intent of ths Agreement.
(e) Persons Entitled to Review.
Access to Confidential Inormation shall be limited to counsel of the undersigned paries,
employees, expert, agents or representatives of the undersigned paries who have executed an
Exhibit "A" to ths Agreement. Such information will be clearly marked and protected from
unauthorized public disclosure.
(d) Nondisclosure Agreement.
Confidential Information shall not be disclosed to any person who has not signed a
nondisclosue ageement on this form, which is attched hereto as Exhibit "A" and incorporated
herein. The nondisclosure 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 certify in wrting 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 nae, permanent addrss and employer. Such agreement shall be delivered to
counsel for the providing l'ar, before disclosure is made.
2. (a) Copies.
No copies or trscriptions of the Confidential Information shall be made by the rectpient
except as necessar to make the information available to individuals who have executed an Exhibit
ii A" to this Protective Agreement.
(b) Return of confidential Information.
Upon request of the providig par, all original documents and copies of the Confdential
Information shall be: 1) retued to the providing par or 2) shedded by the holder of such
documents withn thirt (30) days afer the final settement or conclusion of the proceedings,
including administative or judicial review thereof.
Unless otherwise ordered, Confdential Inforiation, including transcripts or depositions
containing information to which a claim of confdentiality is made, shall remain under seal, shall
PROTECTIVE AGREEMENT 2
'.
continue to be subject to the protective requiements of this Agreement, and shall likewise, be
retued to counsel for the providing pa with thrt (30) days afer fial settement or conclusion
of the proceeings, includig admnisttive or judicial review thereof. Aftr retu of documents
pursuant to ths pargraph, and upon request a wrtten receipt verifying retu shall be provided by
counsel.
(e) Return of Notes.
Any notes maitaed by a recipient of Confdential Inormation which embody or reflect any
of the Confdential Information provided under ths Agrement shall, upon request of the providig
par, be either retued to the providing par or, at the option of the recipient, destroyed.
3. Nonwaiver of Objection to Admissibilty.
The fushing of any document, information, data study or other materials pursuat to this
Protective Agreement shall in no way limit or waive the right of the providing par to object to its
relevance or admissibilty in any proceedings before this Commission.
4. Challenge to Confidentiality.
(a) Initial Challenge.
This Protective Agrement estblishes . a procedure for the expeditious handling of'
information that a par claims is confdentiaL. Any par may challenge the charcterization of any
information, document, data or stdy claimed by the providing par to be a trade secret, proprieta
or confidential information. A par seekig to challenge the confdentiality of any inormation shall
first contact counsel for the providing par and attempt to resolve any difference by stipulation.
Resolution may include removing the confidential classifications, creating a nonconfidential
sumar, reformattg the information, etc.
(b) Subsequent Challenge.
In the event that the pares canot agree as to the charcter of the information challenged,
any par challenging the confidentiality may petition the Commssion to rue upon the. disputed
information. The Petition shall be served upon the Commission and all pares to the case who have
signed on 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 par.
PROTECTIVE AGREEMET 3
(e) Challenge Hearing.
The challenging par shall request tht the Commission conduct an in camera proceeding
where only those persons duly authorized to have access to such challenged materials under this
Protetive Agreement shall be present. Ths hearg shall be commenced no earlier than five (5)
business days afr serving the Petition on the providig par and the Commission. The record of
the in camera heag shl be marked "CONFIDENTIAL - Subject to Protective Agreement."
To the extet necessar, the trscript of such heang shall be separtely bound, segregated, sealed,
and witheld from public inspection by any person not bound by the terms of this Agreement.
(d) Determination.
The pares will ask the Commission to issue an Order determining whether any chalenged
information or material is not properly deemed to be exempt from public disclosure pursuant to the
Idaho Public Records Act (Idaho Code §§ 9-335, 9-337 et seq.). If information is found to be not
exempt from disclosure, no par shall disclose such challenged material or use it in the public
rerd, or otherwse outside the proceedings for at leas five (5) business days unless the providing
par consents to such conduct. Ths procedure enables the restrctions of ths Agreement from
material claied to be confidentiaL. Such relief may be sought from the Commssion or a cour of
competent jursdiction.
5. (a) Receipt Into Evidence.
Provision is hereby made for receipt into evidence in this proceeding of materials claimed to
be confdential in the following maner:
(l) If the requesting par intends to use Confidential Information or to make
substtive reference to Confidential Information supplied to it under this
Agreement, it shall give reasonable prior notice of such intention to the providing
par and shall provide copies of the used Confidential Information or substative
reference to Confidential Information only to the providing par, and such other
pares, if any, who have executed an Exhibit"A" to this Protective Agreement.
(2) One (l) copy of the used Confdential Inormtion or substative reference to
Confdential Information or substtive reference to Confdential Information
described in paragraph 5(a)(I) shall be placed in the sealed record.
(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 par.
PROTECTIVE AGREEMENT 4
(4) The copy of the . documents to be placed in the sealed record shall be
tendered by counsel for the providing par Commssion, and shall be maitaied in
accordce with the terms of this Protective Agreeent.
(b) . Seal.
While in the custody of the COInission, materals containing Confidential Inormation shall
be marked "CONFIDENTIAL - - SUBJCT TO ATTORNEY'S CERTIFICATE OF
CONFDENTIALITY"and shall not be examined by any person except under the conditions set
fort in this Agreement, if applicable.
(e) In Camera Hearing and Transcripts.
Any Confidential Informaton that must be oraly disclosed at a hearng in the proceedings
shall be offered at an in camera hearng, attnded only by persons authorized to have access to the
information under ths Protective Agreement. Simlarly, any trscription of any examination or
other reference to Confidential Information (or that portion of the record containing Confdential
Information) shall be marked and treated as provided herein for Confidential Information.
(d) Access to Record.
Access to sealed testiony, records, and information shall be limited to the Commission and
persons who have signed an Exhbit "A" as provided in ths Protective Agreement, unless such
information is released from the restrctions of this Agreement either though agreement of the
paries or after notice to the pares and hearing, pursuat to the order of the Commission and/or the
final order of a cour having final jursdiction.
(e) AppeaL.
Should an appeal from the proceeding be taken, sealed portions of the record may be
forwarded to any cour of competent jursdiction for purposes of an appeal, but under seal as
designated herein for the information and use of the cour. If a portion of the record is forwded to a
cour under seal for the puroses of an appeal, the providing par shall be notified which portion of
the sealed record has been designated by the appealing par as necessar to the record on appeal.
6. Destrction (or Return).
Unless otherwse ordered, Confidential Information provided pursuat to a discovery request
and this Agreement, including trancripts of any discovery depositions to which a claim of
confidentiality is made, shall remai under seal, shall continue to be subject to the protective
requirements òf this Agreement, and shall be destroyed (shall be retued to counsel for the
PROTECTIVE AGREEMET 5
providing par) with thirt (30) days afer final settlement or conclusion of this matter, including
adinistrative or judicial review thereof.
7. Use in Pleadings.
Where references to Confidential Information in the sealed record or with the custodian is
required in pleadings, briefs, arguents, or motions (except as provided in Pargraph 5), it shal be
by citation to title or exhibit number or some other description that will not disclose the substative
Confidential Information contaed therein. Any use of or substative references to Confdential
Information shall be placed in a separte section of the pleading or brief and submitted to the
Commission pursuant to Paragràph 5. Ths seaed section shall be serced only on counel of record
who have signed the nondisclosure agreements set fort in Exhbit "A" attached to this Protective
Agreement, and may, in tu, be disclosed by them only to individuals who likewise signed Exhibit
"A".
8. . Summary of Record.
If deemed necessar ~by. the Commission, the providing pares shall prepar a wrttn
summar of the Confidential Information referrd to in Orders to be issued to the public and the
pares.
9. This Protective Agreement shall become effective On the date hereof.
PROTECTIVE AGREEMENT 6
5~t~\.C\t,\l-r .1 rlf \J(¡ro~~f'
DATED at'Bise, Idaho ths. day OfSepll2008.
PACIFICORP DBA ROCK MOUNTAI POWER
By Thl~M
Daniel E. So lander . \
Rocky Mounta Power
201 South Man Street, Suite 2300
Salt Lake City, Uta 84111
Attorney for Rocky Mountan Power
IDAHO PUBLIC UTILITIES COMMISSION STAFF
By
cott D. Woodbury
Deputy Attorney General
Idaho Public Utilities Commission
472 West Washingtn Street
Boise, ID 83702
Attorney Representing
Idao Public Utilities Commssion Sta
PROTECTIVE AGREEMENT 7
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated October 1~2008 in Case
No. PAC-E-08-07aíd agree to be bound by the terms and conditions of such Agreement.
~C~~
Idaho Public Utilities Commission
Employer or Firm
472W. Washington Street, Boise, il 83702
Business Address
Commission StaffPar
/ø?/~£
Date
EXHBIT "A"
I have reviewed the foregoing Protective Agreement dated October1~2008 in Case
No. PAC-E-08-07 and agree to be bound by the terms and conditions of such Agreement.
Idaho Public Utilities Commission
Employer or Firm
472 W. Washington Street, Boise, ID 83702
Business Address
Commission StaffPar
Date
EXHIBIT"A"
I have reviewed the foregoing Protective Agreement dated October1~ 2008 in Case
No. PAC-EN08-07 and agree to be bound by the terms and conditions of such Agreement.
~'l,~Ka -Stocl h
Idaho Public Utilties Commission
Employer or Firm
472 W. Washington Street, Boise, ID 83702
Business Address
Commission StaffPar
If) /3IZdfJ(
Date .1.7
EXHIBIT"A"
I have reviewed the foregoing Protective Agreement dated October 1~ 2008 in Case
No. PAC-E-08-07 and agree to be bound by the terms and conditions of such Agreement.
Idaho Public Utilities Commssion
Employer or Fir
472 W. Washigton Street. Boise, il 83702
Business Address
Commission Staff
Pary
11//3)08¡- rDate
EXHIBIT"A"
I have reviewed the foregoing Protective Agreement dated October '7 lt2008 in Case
No. PAC-E-08-07 and agree to be bound by the tennsand conditions of such Agreement.
G~~
Patrcia Hars
Idaho Public Utilities Commission
Employer or Finn
472W. Washington Street, Boise, ID 83702
Business Address
Commission Staff
Pary
..=do£?
Date
EXHBIT "A"
I have reviewed the foregoing Protective Agreement dated October 7Jt2008 in Case
No. P AC-E-08-Q7 and ~gree to be hound by the ters and conditions of such Agreement.
w-..Curìs Thaden
Idaho Publìc Utilìties Commìssìon
Employer or Fìrm
472 W. Washington Street, Boìse, ID 83702
Business Address
Commissìon StaffPar
~\D~
Date
EXHIBIT "A"
I have revìewed the foregoìngProtectìve Agreement dated October1!, 2008 in Case
No. P AC-E-08-07 and agree to be bound by the terms and condìtions of such Agreement.
~CwcR
Terr Carlock
Idaho Public Utilties Commìssion
Employer or Fìrm
472 W. Washington Street, Boise, ID 83702
Busìness Address
Commìssion Staff
Pary
EXHBIT "A"
I have reviewed the foregoing Protective Agreement dated October ~ 2008 in Case
No. PAC-E-08-07 and agree to be bound by the terms and conditions of such A$leement./'--_._._-- ¿'/ /'I:
Idaho Public Utilities Commission
Employer or Firm
472 W. Washington Street, Boise, il 83702
Business Address
Commission StaffPar
C11 ¿ ,2eio$
Date
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated October 7, 2008 in Case No.
PAC-E-08-07 and agree to be bound by the termS and conditions of such Agreement.
Idaho Public Utilities Commission
Employer or Firm
472W. Washington Street, Boise, ID 83702
Business Address
Commission StaffPar
D~IDt1¿j
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated October 7, 2008 in Case No.
PAC-E-08-07 and agree to be bound by the terms and conditions of such Agreement..~M~
Idaho Public Utilities Commission
Employer or Firm
472 W. Washington Street, Boise, ID 83702
Business Address
Commission Staff
Pary
io-l-Of
Date
EXHIBIT"A"
I have reviewed the foregoing Protective Agreement dated October 7, 2008 in Case No. .
P AC- E-08-07 and agree to be bound by the terms and conditions of such Agreement.
Idaho Public Utilties Commission
Employer or Firm
472 W. Washington Street, Boise, ID 83702
Business Address
Commission Sta
Pary
Date
IDl1()~
EXIDBIT"A"
I have reviewed the foregoing Protective Agreement. dated October 7, 2008 in Case No.
PAC-E-08-07 and agree to be bound by the terms and conditions of such Agreement.
~r~/a--
Randy Lobb .
Idaho Public Utilities Commission
Employer or Firm
472 W. Washington Street, Boise, ID 83702
Business Address
Commission StaffPar
/D(¡SLDr
Date