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HomeMy WebLinkAbout20101013PAC's Pro Agreement.pdflOlûOCT l 3 PM 3: 02 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSI0l'DAHO F"\3L\ UTiLITIES CCM!"HSS¡Ohl IN THE MATTER OF THE) APPLICATION OF ROCKY) MOUNTAIN POWER FOR) APPROVAL OF CHAGES TO ITS) ELECTRIC SERVICE SCHEDULS ) AN A PRICE INCREASE OF $27.7 ) MILLION, OR APPROXIMATELY) 13.7 PERCENT R'ECEi\lEfJ CASE NO. PAC-E-10-07 PROTECTIV AGREEMENT ~?V'~ýt¿ ~ri.fLW\L,Vl-r 1. (A) Confidential Information. All documents, data, information, studies and other materials furnished, or made available pursuant to any interrogatories, or requests for information, subpoenas, depositions, or other modes of discovery that are claimed by the parties to be of a trade secret or confidential nature shall be furnished pursuant to the terms of this Agreement, and shall be treated by all persons accorded access thereto pursuant to this Agreement as constituting trade secret, confidential commercial, or otherwise protected information (hereinafter referred to as "Confidential Information"), and shall neither be used nor disclosed except for the purpose of this proceeding, and solely in accordance with this Agreement. Al material claimed to be Confidential Information shall be so marked by the party or its affliates by stamping the same with the designation, "CONFIDENTIA - - SUBJECT TO PROTECTIV AGREEMENT' or "CONFIDENTIA -SUBJECT TO PROTECTIV AGREEMENT IN CASE NO. PAC-E-10-07." Al copies of documents so marked wil CASE NO. PAC-E-lO-07 -2- be made on yellow paper. Parties filing electronically should file both a confidential and non "confidential version clearly marked as such. For puroses hereof, any notes made pertaining to or as the result of a review of Confidential Information shall also be considered Confidential Information and subject to the terms of this Order. (B) Use of Confidential Information and Persons Entitled to Review. All Confidential Information made available pursuant to this Agreement shall be given solely to counsel for the parties (including counsels' paralegals, administrative assistants and clerical staff to the extent necessary for performance of work on this matter), and shall not be used nor disclosed except for the purpose of this proceeding; provided, however, that access to any specifc Confidential Information may be authorized by counsel, solely for the purpose of this proceeding, to those persons indicated by the parties as being their experts in this matter (including such experts' administrative assistants and clerical staff, and persons employed by the parties, to the extent necessary for performance of work on this matter). However, persons designated as experts shall not include persons employed by the parties who could use the information in their normal job functions to the competitive disadvantage of the party providing the Confidential Information. Further, nothing herein shall prevent disclosure as required by law pursuant to interrogatories, administrative requests for information or documents, subpoena, CASE NO. PAC-E-lO-07 -3- civil investigative demand or similar process, provided, however, that the party being required to disclose Confdential Information shall promptly give prior notice by telephone and written notice of such requirement of disclosure by facsimile and overnight mail to the party that provided such Confidential Information, addressed to the attorneys of record for such party, so that the party that provided the Confidential Information may seek an appropriate protective order. The disclosing party will not oppose action by, and wil cooperate with the party that provided the Confidential Information to obtain an appropriate protective order or other reliable assurance that confidential treatment will be accorded that Confdential Information. (C) Nondisclosure Agreement. Prior to giving access to Confidential Information, as contemplated in paragraph i(B) above, to counselor any expert designated to testify in this proceeding, counsel for the party seeking review of the Confidential Information shall deliver a copy of this Agreement to such person and, prior to disclosure such person shall agree in writing to comply with and be bound by this Agreement. Confidential Information shall not be disclosed to any person who has not signed a Nondisclosure Agreement in the form which is attached hereto and incorporated herein as Appendix A. The Nondisclosure Agreement (Appendix A) shall require the person to whom disclosure is to be made to read a copy of this Protective Agreement and to certif in writing that he or she has reviewed the same CASE NO. PAC-E-lO-07 -4- and has consented to be bound by its terms. The agreement shall contain the signatory's full name, permanent address and employer, and the name of the party with whom the signatory is associated. Such agreement shall be delivered to counsel for the providing party prior to the expert gaining access to the Confidential Information. (D) Additional protective measures. A provider of documents and information may claim that additional protective measures, beyond those required under this Protective Agreement, are warranted for certain confidential material, referred to as highly sensitive documents and information. In such case, the provider shall identify such documents and information and shall inform the requester of such documents and information of their claimed highly sensitive nature as soon as possible. The provider of the requested information shall also petition the Commission for an order granting additional protective measures, which the petitioner believes are warranted for the claimed highly sensitive documents and information that is to be produced in response to an information request. The provider shall set forth the particular basis for: the claim, the need for the specific, additional protective measures, and the reasonableness of the requested, additional protection. A party who would otherwise receive the documents and information under the terms of this Protective Agreement may respond to the petition and oppose or propose alternative protective measures to CASE NO. PAC-E-IO-07 -5- those requested by the provider of the claimed highly sensitive documents and information. Disputes between the parties shall be resolved pursuant to Commission Order pursuant to Paragraph 2 of this Protective Agreement. 2. W Challenge to Confidentiality or Proposed Additional Protective Measures. This Agreement establishes a procedure for the expeditious handling of Confidential Information; it shall not be construed as an agreement, or rulg on the confidentiality of any document. (B) In the event that the parties hereto are unable to agree that certain documents, data, information, studies, or other matters constitute Confidential Information, are highly sensitive documents and information referred to in paragraph l(D) above, or agree on the appropriate treatment of highly sensitive documents and information, the party objecting to the classifcation as Confidential Information or the party claiming highly sensitive documents and information and the need for additional protective measures shall forthwith submit the said matters to the Commission for its review pursuant to this Agreement. When the Commission rules on the question of whether any documents, data, information, studies, or other matters submitted to them for review and determination are Confidential Information, are highly sensitive documents and information, or the appropriate additional protection to be afforded for specifc highly sensitive CASE NO. PAC-E- 10-07 -6- documents and information, the Commission may enter an order resolvig the issue. (C) Any party at any time upon ten (10) days prior notice may seek by appropriate pleading, to have documents that have been designated as Confidential Information, or which were accepted into the sealed record in accordance with this Agreement, removed from the protective requirements of this Agreement, or from the sealed record and placed in the public record. If the confidential or proprietary nature of this information is challenged, resolution of the issue shall be made by the Commission after proceedings in camera, which shall be conducted under circumstances such that only those persons duly authorized hereunder to have access to such confidential matter shall be present. The record of such in camera hearings shall be marked "CONFIDENTIA - - SUBJECT TO PROTECTIV AGREEMENT IN CASE NO. PAC-E-10-07." It shall be transcribed only upon agreement by the parties, or Order of the Commission, and in that event shall be separately bound, segregated, sealed, and withheld from inspection by any person not bound by the terms of this Agreement, unless and until released from the restrictions of this Agreement, either through agreement of the parties, or after notice to the parties and hearing, pursuant to an Order of the Commission. 3. Use in Pleadings. Where reference to Confidential Information in the sealed record is required in pleadings, cross-examinations, briefs, arguments, or CASE NO. PAC-E-IO-07 -7- motions, it shall be by citation of title, or exhibit number, or by some other nonconfidential description. Any further use of, or substantive references to Confidential Information shall be placed in a separate section of the pleading, or brief and submitted to the Commission under seaL. This sealed section shall be served only on counsel of record (one copy each), who have signed a Nondisclosure Agreement. All the protections afforded in this order apply to materials prepared and distributed under this paragraph. 7. Preservation of Confidentiality. Al persons who may be entitled to receive, or who are afforded access to any Confdential Information by reason of this Agreement shall neither use, nor disclose the Confidential Information for purposes of business or competition, or any other purpose other than the purposes of preparation for and conduct of this proceeding, and then solely as contemplated herein, and shall take reasonable precautions to keep the Confidential Information secure in accordance with the purposes and intent of this Order. 8. Reservation of Rights. The parties hereto affected by the terms of this Protective Agreement further retain the right to question, challenge, and object to the admissibility of any and all data, information, studies and other matters furnished under the terms of this Protective Agreement in response to interrogatories, requests for information, other modes of discovery, or cross- examination on the grounds of relevancy or materiality. This Agreement shall in no CASE NO. PAC-E-1O-07 -8- way constitute any waiver of the rights of any party to contest any assertion by a party, or finding by the Commission that any information is a trade secret, confidential, or privileged, and to appeal any assertion or finding. 9. The provisions of this Agreement are specifcally intended to apply to data, or information supplied by or from any party to this proceedig, and any non- party that supplies documents pursuant to process issued by this Commission. DATED at Boise, Idaho this _ day of ,2010. APPENDIX A -- PROTECTIVE ORDER- CASE NO. PAC-E-10-07 Ihave reviewed the Protective Agreement in Case No. PAC-E-IO-07 with respect to the review and use of confdential information and agree to comply with the terms and conditions of the protective order. Signature ~\( W'e.. C. C~'Akei Name (type or print) too (. W.~tJG(.lE'b'~~\ \1) as 1 è \ Residence Address G-\ \ltl"S --uas L e'i l L P Employer or Firm Sf+~ Business Address..~ V 'l i -" L..tParty Represented (.(/~IIU Date Signed APPENDIX A - PROTECTIVE ORDER- CASE NO. PAC-E-10-07 I have reviewed the Protective Agreement in Case No. PAC-E.I0-07 with respect to the review and use of confidential information and agree to comply with the terms and conditions of the protective order. ~~~.Q N/,r Si ture 3(0U?TAt+.e.:ßoI'st.. 'D. 8"-70š Residence Address Gì ..e.s Y\Arslt'4 LL? Employer or Firm (øi w. ~nCl('~S+: &1f,~ID ~~îDl Business Address '! (""i!AYh, :I c .Party Represented J lAY\e 15,?- '0 Date Signed .£ .L .LJ... JJ.Lii ¡; - PROTECTIVE ORDER- CASE NO. PAC-E-10-07 I have reviewed the Protective Agreement in Case No. PAC-E-iO.( ~spect to the review and use of confidential information and agree to . "ith the terms and conditions of the protective order. ê-ß~ ~-d Si . u¿ /l..tJr/fO It'" V sj IJiv j(J~-: £.tName (type or print) c;Y7 rl (l .LJ) I: ¡::. /Cd 8l'v k'i),J.,A¿¡I; 0/1 Residence Address ~ J/.' ~ Gy~j/ -rÚ-:7deC. if')"c. '" Employer or Firm /:;-..1:."."1-''' Business Address J -_...'0,.",.__~rv.~~Z-~_.. 11Par~presented ¿; rjS-"~ /() Date Signed APPENDlXA - PROTECTI ORDER- CASE NO. PAC-E-IO-o7 I have reviewed the Protective Agreement in Case No. PAC-E-IO-07 with respect to the review and use of confidential inormation and agree to comply with the terms and conditions of the protective order. Ji~-4Signature ~~tJl ~ ~ iv.~Cb Name (tye or print) ZOIJr. CiJ. l PCJe, Jrt~ 7'12'1 Residence Address )?(Aci - 0 Ii CA Employer or Fir '-, I E. Lt.A& l Puc., 1. t. ¡- 'JÙ! Business Addr~ss t1l1ÁlAíP Par Represented (p / is-I It) Date Šigned APPENDIX A - PROTECTIV ORDER- CASE NO. PAC-E-IO-07 I have reviewed the Protective Ageement in Case No. PAC-E-IO-07 with respect to the review and use of confdential information and agree to comply with the terms and conditions of the prot tive order.~~¿¿Ç Signture~.: 4". (:-'" l'- s; ,.,,.; Name (tye or prit) 37/ e;. ~o oJ ~ ~ÇJI'I..GD~ YO . Residence Address -t6NSAII-rC Employer or Fi t1D ~)( 8iCo Business.Address C:n ~ ~I'\.. ""$ To . $SZ:7t APPENDIX A - PROTECTIV ORDER- CASE NO. PAC-E-IO-07 I have reviewed the Protectve Ageement in Case No. PAC-E-IO-07 with respect to the review and use of confdential inormation and agree to comply with the terms and conditions of the protective order. ., a"L~A.\~~ Signature ~'\~f\~ A~bt~UJ N are (tye or prit) \, '0' ~ tch_ (\.. t.\, :SL( t ~ ~ i C¿.o \~ 1 Residence Address &, I:~~"~Q ) u:C Emp oyer or Fir . ;;\"i Ç6",~.tÇ&JS~) (.. ~\t 2.00 ) SU: \ V\ 1sA\\ \ Business Address. . t\ ~'t -s~ -. ~ Par Represented ~~ 2,C\O Date Signed APPENDIX A -PROTECTI ORDER- CASE NO. PAC-E-l0-07 I havereewed.the Protecve Ageeentin Case No. PAC-E-iO;.07 with respect to thøreview -and useöf.coIidential inormationand agree .tocëxmply with the terms and conditioDof the protective order. ~êJ-'~":".... .' . . '. r .... '..~-'......t?l G?eOVi.ecCCbrfc- ~. . Name1tyeor prit) - - , 317ç Aw.Ler;.fr. .Ç::JIqle~)ÓR 97Jj2,Residenc Address ~ '. .' .'. _.e:'w.~~ 5..~c:, E;mploy. or Fir ;,: rô Ò L' d .' .... t rpo ctJS-Ö 'Ç~f&h l)( 'i "ì.kr.. .-\. '. I. '. -- '. /;/B'llsiess Addr .' ¡VlJVJS~ Par Represented ta/lfl/cJ . rlate;S¡ ed .' APPENlXA .. PROTECTI ORDER.. CASE NO. PAC.E.io.07 I have revewed the Proteve Agement in Case No. PAC-E-IO-07 with respect to the review and use of confdential information and agee to comply with the tes and concRtions of the protectve order. Á4f!j(;F/A# ~A~eTl ll. (l1l1J))~ Name (tye or p~nt) - t/360 N()t(vJ()o.b !lLLS lJR. /oFAiLO!J i MO'336l; Reidence Address /10 N SeY 10 Co lJ 1r'I Employer or Firm too N. L¡N/)~l;H ß'LUJj.1 Sr. L.ou~¡UOb31"~ Business Address MO;OS/rrO eOMPlllJ'j Pary Represented Ð6!JSIe~/D Da Signed APPENDIX A -- PROTECTI ORDER-- CASE NO. PAC-E-10-07 I have reviewed the Protective Agreement in Case No. PAC-E-10-07 with respect to the review and use of confdential information and agree to comply with the terms and conditions of the protective order. f1~Signature Maurce Brubaker- Name (tye or prit) Residence Address' Brubaker & Associates. Inc. Employer or Firm 16690 Swigley Ridge Road, Suite 140 Chesterfeld. MO 63017 Business Address Monsanto Company Party Represented 6/15110 Date Signed APPENDIX A -- PROTECTIV ORDER-- CASE NO. PAC-E-10-07 I have reviewed the Protective Agreement in Case No. PAC-E-10-07 with respect to the review and use of confdential inormation and agree to comply with the terms and conditions of the protective order. ~C~ Signature Brian Collins Name (type or prit) Residence Address Brubaker & Associates. Inc. Employer or Fir 16690 Swigley Ridge Road, Suite 140 Chesterfeld. MO 63017 Business Address Monsanto Company Par Represented 6/15/10 Date Signed APPENDIX A -- PROTECTIV ORDER-- CASE NO. PAC-E-10-07 I have reviewed the Protective Agreement in Case No. PAC- E-10-07 with respect to the review and use of confidential inormation and agree to comply with the terms and conditions of the protective oi'der. Michael Gorman - Name (tye or prit) Residence Address Brubaker & Associates. Inc. Employei' oi- Firm 16690 Swingley Ridge Road, Suite 140 Chesterfeld.. MO 63017 Business Address Monsanto Company Pai-t Represented 6/15/10 Date Signed fl. . Jun 16 10 07:25a nwee 505-2 p.2 APPENDIX A - PROTECTIV ORDER- CASE NO. PAC-E-iO-7 I have reviewed the Proteve Agrement in Case No_ PAC-E-IO-07 with. respect to the review and use of confdential inormation and agr to comply with the terms and conditions of the protective order. 6Ø~¡¡k Signature q~ lØoI,J" Name (tye or print) :;73(,1 .$ll. ,k/ d// ,¿c/ ~~'yt¡c1 O/( 9'?1'/ Residence Address ~t1mar ,e1'~ ~,l~,'ùL Employer or Firm 0731c; Sa) pol¿ /)¿/,¡ai ßw-p.L ti 97/~ Business Address~~/Ð Pary Represented ~-6-/l) Date Signed '.)66/16/2e1e 09: 43 8a88795576 HA KA HO PAG 02/El2 .. APPENDIX A ... PROTECTIV ORDER.. CAE NO. PAC.E~10-07 r have reviewed the Protective Ageement in Case No. PAC-E-iO-O'1 with respect to the r.eview and use of confdential inormation and. agree to comply with the t.e:rs and conditions of the protective order. ~šk ..4"".&~.~ Kath Iverson' Name (type or print) Residence Address Brubaker & Associates. lng. Employer or Fir 16690 Swinley Ridge Road, Suite 140 Ohesterfeld. NO eaQ17 Business Address Monsanto Compan Pary Represented 6/15/1Q Date Signed APPENDIX A - PROTCTJV ORDER- CAS )fO~ PAC-1GiO-7 I ha,,~ l\fviewed i.be! PriI!~I,iv(! Agnmmçnt in Ciii:.o ;NQ, PAO..I.lo-7 ",'ith TCl:-pcee to tlw I'\"Ïew an \188 of oonfintaJ itiormia.tio!l :aJ: ilb'1!I~ l,ri m Ifni~ly wit.b Lh~ t.et"íìU ilnd t:uñdiÏf.iumr; lit l.hi~ pml,!f!liv(' q:r~i lf'i ~.I__ \ ' ..~.1'k_._-.Sig8,t~ 1iHçDupl Stiui ~ame (t;iop or prit) r.6(m s,~~..l~ni L'r.,Plil!.~t l\!u..~ rl nri, 01lJIlin 970rJ8 . 'R.!l'dcinc:c ,.\ddree¡; ~:!e;tE4irg, Qc'M)kuil~ng.. T J .ç E,ûlplll)"lir (IT Firm 2ïaBfI ~.w. L4.HiBd... Sliel"Pl.t)ÇÂJ)ri48"ri ff'? 140 BU",¡¡n(!Kl' A1IilJ"~P,i: .;irn1aa nto Par;V' :Rpreill.ñlL!li 15 Jmi 2QIQ Date S.id APPENDIX A - PROTECTIV ORDER- CASE NO. PAC-E-IO-07 I have reviewed the Protective Agreement in Case No.PAC-E-10.07 with respect to the review and use of confdential inormation and agree to comply with the terms and conditions of the protective order. ~..~Signature l3¿n ofl; Name (type or prit) 7 I a l( if/4'.t de? :?$'tf,.r/ Residence Address t'¿ " . l;" 'i"',,/'" /"1.Jl;'~ Employer or Firm ¡: a lZøc f' tlf Business Address ¿-A/" ~ ~V~ I,,, l~ '"~ Party Represented~~0 APPENDIX A - PROTECTIV ORDER- CASE NO. PAC-E-10-07 I have reviewed the Protective Agreement in Case No. PAC-E.10-07 with respect to the review and use of confidential information and agree to comply with the terms and conditions of the protective order. £f'¡~ L.Qlsevi Name (tye or print) Residence Address ~ 'tc.\le Ok7oV\ W'ye ßvJ:5e. ¡. BcJ4lY Employer or Firm V-D. ßo'i 13.'ii/ioi !. Cev.teV' .PÐL..:.t"f?.t~ ~ZOl Business Address l IJ.Ao :t~~~~l..l¡CM ~",,PN$ A~oct~..f¡O't "L¡,l.. Party Represented 6/15/10 Date Signed APPENDIX A - PROTECTIV ORDER- CASE NO. PAC-E-IO-07 I have reviewed the Protective Agreement in Case No. PAC-E-I0-07 with respect to the review and use of confidential information an~ agree to comply with the terms and conditions of the protective order. ¡¿M4)tJ~ Signature fi" V\lf JA l. LJ /Ihtl~t Name (type or print) Residence Address W "1'4 ~J fi fCli:l b 'lt" ì (J ( . Employer or Firm i 10 I r lP HA1J çt) EilSt rJ Business Address(J -':t I.. J (vii ;ilt) t'4(,lfl,.p !lfq~J ..11'n )'.4l Party Represented 7/1'1/~Øl() Date Signed .' JUN, 16.2010 2:56PM NO. 0566 P. 2 APPENIX A ..- PROTECTI ORDER-- CASE NO. PAC-E-iO"07 I ha"Ve reviewed the Protect'Ve .Aement in Case No. PAC.E-io-07 With respect to the X'eview and use of confdenti iniorniation and agree to comply with the terms and conditions of the protectve order. ¡2~r£~ Dt:4'4~ E. ¡?~ç~_ Na.e (tye or prit) .;A.( eilWll H, it 0... Nf,I/l~, ott. q 2:r Residence Address . tli L¡ tt iJ",llJ t'He! Employer or Firm ) Ln: ~/l~7' .tíSC src;¡,w ,;¡tNJ J lJ¿ 9Zfc= Bus;Ss Address ,ØVSI'AJ Par Represented 'II'!o Dlte Signed APPENDIX A .. PROTECTI ORDER-. CASE NO. PAC.E-iO-07 I have reviewed the Protective Agreement in Case No. PAC-E-10'07 with respect to the review and use of confidential information and agree to comply with the terms and conditions of the protective order. James Leyko Name (tye or print) Residence Address Brubaker & Associates. Inc. Employer or Firm 16690 Swingley Ridge Road, Suite 140 Chesterfield. MO 63017 Business Address Monsanto Company Party Represented July 20.2010 Date Signed APPENDIX A -- PROTECTI ORDER-- CASE NO. PAC-E-10-07 I have reviewed the Protective Agreement in Case No. PAC- E-10-07 with respect to the review and use of confidential information and agree to comply with the terms and conditions of the protective order. f.I/~~ Signature Magdalena Ackenhausen Name (type or print) Residence Address Brubaker & Associates, Inc. Employer or Firm 16690 Swingley Ridge Road, Suite 140 Chesterfield, MO 63017 Business Address Monsanto Company Party Represented July 20, 2010 Date Signed APPENDIX A - PROTECTIV ORDER- CASE NO. PAC-E-IO-07 I have reviewed the Protective Agreement in Case No. PAC-E-10-07 with respect to the review and use of confdential information and agree to comply with the terms and conditions of the protective order. ~\2 · Sigature ~ .. =:Q t. C .?t sf DIN q- Name (type or print) - l; ø iilj ~)( t?w. ~o (.$ z., :rÒ Residence Address &%N ~4i(,j% ¡¿~~o. Employer or Fim bØPØ ¿ii ~b ~i;s~rD Business Address ) J:ii a~wlw~ e.xe.t, Party Represented 1l'l(~/o Date Signed APPENDIX A -- PROTECTIV ORDER-- CASE NO. PAC-E-10-07 I have reviewed the Protective Agreement in Case No. PAC-E-10-07 with respect to the review and use of confidential information and agree to comply with the terms and conditions of the protective order. ~~..Signat~ . ~. .~ Jeremy Hagemeyer Name (type or print) Residence Address Brubaker & Associates, Inc. Employer or Firm 16690 Swingley Ridge Road, Suite 140 Chesterfield, MO 63017 Business Address PacifiCorp Idaho Industrial Customers (PIIC) Party Represented October 4,2010 Date Signed APPENDIX A -- PROTECTIV ORDER-- CASE NO. PAC-E-iO-07 I have reviewed the Protective Agreement in Case No. PAC-E-10-07 with respect to the review and use of confidential information and agree to comply with the terms and conditions of the protective order. si1:/l1¥= Greg Meyer Name (type or print) Residence Address Brubaker & Associates, Inc. Employer or Firm 16690 Swingley Ridge Road, Suite 140 Chesterfield. MO 63017 Business Address PacifCorp Idaho Industrial Customers (PIIC) Party Represented October 4, 2010 Date Signed