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HomeMy WebLinkAbout20160314Protective Agreement.pdfPROTECTIVE AGREEMENT BETWEEN PACIFICORP DBA ROCKY MOUNTAIN POWER, AND IDAHO PUBLIC UTILITIES COMMISSION STAFF AND MONSANTO COMPANY RECEIVED This Protective Agreement is entered into this 9th day of March 2016 by PacifiCorp dba Rocky Mountain Power, the Idaho Public Utilities Commission (Staff), and Monsanto Company. Recitals: l. WHEREAS, Rocky Mountain Power, the Idaho Public Utilities Commission Staff (hereinafter "Staff') and Monsanto Company, anticipate that parties to the case identified in the attached "Exhibit A" may make requests to provide, or make available for review, certain information, considered by its custodian to be of a trade secret, privileged or confidential nature (as defined in ldaho Code $$ 74-107 and 48-801). 2. WHEREAS, Rocky Mountain Power and the undersigned parties agree that entering into a Protective Agreement will expedite the production of documents; will afford the necessary protection to Rocky Mountain Power's and the undersigned parties' employees and/or representatives in the case 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 during the course of the proceedings, now therefore, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS: l. (a) Confidential Information All documents, data, information, studies and other materials fumished 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 Information") 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. IDAPA 31.01.01.067.Arry 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. IDAPA 31.01.01.233. ?l;l6ii'XR ll+ B.H B: l5 , 't t :)!,itlLlC i "' :l':j':iF,{hllSSION PROTECTIVE AGREEMENT (b) Protection of Confidential Information Access to and review of Confidential Information shall be strictly controlled by the terms of this Agreement. Unless otherwise ordered, Confidential Information, including transcripts of depositions containing information 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 not be disclosed to individuals who have not executed the nondisclosure agreement set forth in Exhibit "A." (c) Use of Confidential Information All persons who may be entitled to review, or who are afforded access to any Confrdential Information by reason of this Agreement shall neither use nor disclose the Confidential Information for purposes of business or competition, or any purpose other than the purpose of preparation for and conduct of the proceedings, and then solely as contemplated herein, 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. (d) 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. (e) Non-disclosure Agreement 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 Protective Agreement and to certify 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. PROTECTIVE AGREEMENT 2.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 Protective Agreement. 3. Non-waiver of Obiection to Admissibilitv The furnishing of any document, information, data, study or other materials pursuant to this Protective 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. 4. Challenee to Confidentiality (a) Initial Challenee This Protective Agreement establishes a procedure for the expeditious handling of information that a party claims is confidential. Any party may challenge the characterization of any information, document, data or study claimed by the providing party to be a trade secret, proprietary or confidential information. A party seeking to challenge the confidentiality of any information shall first contact counsel for the providing party and attempt to resolve any difference by stipulation. Resolution may include removing the confidential classifications, creating a non-confidential sufilmary, reformatting the information, etc. (b) SubsequentChallenee In the event that the parties cannot agree as to the character of the information challenged, any party challenging the confidentiality may petition the Commission to rule upon the disputed information. The Petition shall be served upon the Commission and all parties 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 party. (c) Challense Hearins The challenging party shall request that the Commission conduct an in camera proceeding where only those persons duly authorized to have access to such challenged materials under this Protective Agreement shall be present. This hearing shall be commenced no earlier than five (5) business days after serving the Petition on the providing party and the Commission. The record of the in camera hearing shall be marked "CONFIDENTIAL - Subject to Attorney's Certificate of Confidentiality" To the extent necessary, the transcript of such PROTECTIVE AGREEMENT hearing shall be separately bound, segregated, sealed, and withheld from public inspection by any person not bound by the terms of this Agreement. (d) Determination 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 pursuant to the Idaho Public Records Act (Idaho Code $$ 74-124, 74-101,74-104). If information is found to be not exempt from disclosure, no party shall disclose such challenged material or use it in the public record, or otherwise outside the proceedings for at least five (5) business days unless the providing party consents to such conduct. This procedure enables the restrictions of this Agreement from material claimed to be confidential. Such relief may be sought from the Commission or a court of competent jurisdiction. 5. (a) Receipt Into Evidence Provision is hereby made for receipt into evidence in this proceeding of materials claimed to be confidential in the following manner: (l) If the requesting party intends to use Confidential Information or to make substantive reference to Confidential Information supplied to it under this Agreement, it shall give reasonable prior notice of such intention to the providing party and shall provide copies of the used Confidential Information or substantive reference to Confidential Information only to the providing party, and such other parties, if any, who have executed an Exhibit "A" to this Protective Agreement. One (l) copy of the used Confidential Information or substantive reference to Confidential Information or substantive reference to Confidential Information described in paragraph 5(a)(l) shall be placed in the sealed record. The copy of the documents to be placed in the sealed record shall be tendered by counsel for the providing party to the Commission, and shall be maintained in accordance with the terms of this Protective Agreement. (b) Seal (2) (3) While in the custody of the Commission, materials containing Confidential Information shall be marked "CONFIDENTIAL - SUBJECT TO ATTORNEY'S CERTIFICATE OF PROTECTIVE AGREEMENT CONFIDENTIALITY" and shall not be examined by any person except under the conditions set forth in this Agreement, if applicable. (c) In Camera Hearing and 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 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 Confi dential 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 (6A" as provided in this Protective 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. (e) Apneal Should an appeal from the proceeding be taken, sealed portions of the record may be forwarded to any court of competent jurisdiction for purposes of an appeal, but under seal as designated herein for the information and use of the court. If a portion of the record is forwarded to a court under seal for the purposes of an appeal, the providing party shall be notified which portion ofthe sealed record has been designated by the appealing party as necessary to the record on appeal. 6. Use in Pleadines Where references to Confidential Information in the sealed record or with the custodian is required in pleadings, briefs, arguments, or motions (except as provided in Paragraph 5), 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 Information shall be placed in a separate section of the pleading or brief and submitted to the Commission pursuant to Paragraph 5. This sealed section shall be served only on counsel of record who have signed the nondisclosure agreements set forth in Exhibit "A" PROTECTIVE AGREEMENT attached to this Protective Agreement, and may, in turn, be disclosed by them only to individuals who likewise signed Exhibit "A". 7, Jun 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. 8. 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. 9. Return or Destruction of Confidential Information (a) All original documents and copies of the Confidential Information shall be: (l) retumed to the providing party or (2) shredded by the holder of such documents within thirty (30) days after the final settlement or conclusion of the proceedings, including administrative or judicial review thereof. Counsel for the receiving party shall provide an affidavit to the providing party certifying that the information has been either retumed or shredded within 60 days after the final settlement or conclusion of the proceedings or administrative or judicial review thereof. (b) Unless otherwise ordered, Confidential Information, including transcripts of depositions containing information to which a claim of confidentiality is made, shall remain under seal, shall continue to be subject to the protective requirements of this Agreement, (c) Any notes maintained by a recipient of Confidential Information which embody or reflect any of the Confidential Information provided under this Agreement shall, upon request of the providing prty, be either returned to the providing party or, at the option of the recipient, destroyed. 10. Effective Date This Protective Agreement shall become effective on the date hereof. PROTECTIVE AGREEMENT ela DATED this 1 ' day of March 2016. PACIHCORP DBA General Counsel Rdclxl Mountain Power l407West North Ternple, Suite 320 salt Lake city, utah 84116 E-mail: Yvonne.ho grle@pacifi corp.com Attorneys Representing Rocky Mountain Power IDAHO PUBLIC UTILITIES COMMISSION STAFF ,, lQ I /// Karl T. Klein Deputy Attorney General Idaho hrblic Utilities Commission 41 2 W at Washington Street Boise, ID 83702 Aftomey Representing Idaho Public Utilities Commission Staff PROTECTTVE AGREEMENT DATED this lllU day of March 2016. MONSANTO COMPANY RACINE, OLSON, NYE, BUDGE & BAILEY, CHARTERED P.O. Box 1391;201 E. Center Pocatello, Idaho 83204- I 391 E-mail: rcb@.racinelaw.net Randall C. Budge,ISB No. 1949 Thomas J. Budge,ISB No. 7465 PROTECTIVE AGREEMENT EXHIBIT "A" I have reviewed the foregoing Protective Agreement dated March 9,2016 in Case No. PAC-E-16-05 and agree to be bound by the terms and conditions of such Agreement. Idaho Public Utilities Commission Employer or Firm 472 W. Washin8ton Street. Boise. ID 83702-5918 Business Address Commission Staff Party ,,tl?l "ru PROTECTIVE AGREEMENT EXHIBIT *A' I have reviewed the foregoing Protective Agreement dated March 9,2016 in Case No. PAC-E-16-05 and agree to be bound by the terms and conditions of such Agreement. Daniel Klein Idaho Public Utilities Commission Employer or Firm 472 W. Washington Street. Boise.ID 83702-5918 Business Address Commission Staff Party j - ? - // Date PROTECTIVE AGREEMENT EXHIBIT *A' I have reviewed the foregoing Protective Agreement dated March 9,2016 in Case No. PAC-E-16-05 and agree to be bound by the terms and conditions of such Agreement. Employer or Firm 472 W. Washington Street. Boise.ID 83702-5918 Business Address Commission Staff Party slq/ oot r PROTECTIVE AGREEMENT EXHIBIT "A" I have reviewed the foregoing Protective Agreement dated March 9,2016 in Case No. PAC-E-16-05 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 83702-5918 Business Address Commission Staff Party -i / , /=otc Date PROTECTIVE AGREEMENT EXHIBIT "A" I have reviewed the foregoing Protective Agreement dated March 9,2016 in Case No. PAC-E-16-05 and agree to be bound by the terms and conditions of such Agreement. Idaho Puhlic I Itilities Commission Employer or Firm 472 W. Washington Street. Boise.ID 83702-5918 Business Address Commission Staff Party PROTECTIVE AGREEMENT EXHIBIT A I have reviewed the foregoing Protective Agreement dated the 3 day of February, 2016, and agree to be bound by the terms and conditions of such Agreement. <.D<J4pe= r<, -n,',TrtName Ao tJ 3, A.{\ o Employer or Firm Fr^ S?ra 5** tl o^r S A-:T<: Party Business Address PROTECTIVE AGREEMENT E)CIIBIT A I have reviewed the foregoing Protective Agreement dated the _ day of February,2016, and agree to be bound by the terms and conditions of such Agreement. Employer or Firm 16690 Swingley Ridge Road, Suite 140 Chesterfield, MO 63017 Business Address Monsanto Company Parry February 6,2016 e Cez"2 Brubaker & Associates, Inc. Name Brian C. Collins PROTECTIVE AGREEMENT EXHIBIT A I have reviewed the foregoing Protective Agreement dated the _ day of February, 2016, and agree to be bound by the terms and conditions of such Agreement. Brubaker & Associates, Inc. Employer or Firm 16690 Swingley Ridge Road, Suite 140 Chesterfield, MO 63017 Business Address Monsanto Company Par$ February 6,2016 Maurice Brubaker PROTECTIVE AGREEMENT EXHIBIT A JLr I have reviewed the foregoing Protective Agrcernent datcd thcL day of February,2016, and agree to be bound by the terms and conditions of such Agreement. v/r-sse7. b-.AZ. €lsaa7 b."bolun q A*da;|e.s , (n -. Employer or Firm t9,f-.4{} Fl , gJ ren';,e-I Business Address l*1*s.+,,+.o --Party 5 - T'J^ - Jlc'} (G CO NFI DENTIAL FACSIIIIIILE BntrnnrtR & Assocrmn INc. 19540 N. Wessex Dr. Surprise, Arizona 85387 Tel. (623) 975-7279 Fax (63O 898-6726 E-Mail : kiverton@consultbai.com Websiter http://www.consultbai.com Date: Z5l18 Time: 4:33 PM Project g' lt"+ t+ To: Maria Decker 636-898-6726 From:Katie lverson Number of Pages lncluding this Page: -2-IF YOU DO NOT RECEIVE ALL OF THESE PAGES, PLEASE CALL (623) e75,727e Soecial lnstructions: HiMaria, Here is my slgned NDA for Project #10214, Would you please email to Randy Budge and Tessa $parow ltps@racinelaw,netJ, and give to Robin for hcr records? Thank youl Katie lvereon 423-975-7279 lrltis transmissiorr is intended and dlrected only to lha indlvidual or entlty to which it rb addrsssed for their use. This transmrssion may contein information or materials that are percanal, private, privileged, andlor confidanlial, and which are not intended to and may nol be disclosed to any other person or entlty. lf you arc not the percon or entlty to whom this transrnlssion ls directed, Wu er€ hereby notifiod that eny d/ssemlnattbn, disttlbution, disclosure, apying or usa of thts apmmunioation ,s sficty prohibited. lf you hava received this communioation in enor, praaso inmMiatdly aontact the sondar by at 623-97&7279.