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.
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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
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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
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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
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Employer or Firm
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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.
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Employer or Firm
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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.