HomeMy WebLinkAbout20170829Protective Agreement.pdfPROTECTIVE AGREEMENT
BETWEEN
PACIFICORP DBA ROCKY MOUNTAIN POWER
AND IDAHO PUBLIC UTILITIES COMMISSION STAFF
Docket No.PAC-E-17-06
This Protective Agreement is entered into this i day of August,2017 by PacifiCorp
dba Rocky Mountain Power ("Rocky Mountain Power"or "Company")and Idaho Public
Utilities Commission staff,as identified in Exhibit A to this Agreement("IPUC staff').
Recitals:
1.WHEREAS,the Company filed its application for approval of Binding
Ratemaking treatment with the Idaho Public Utilities Commission June 30,2017 (Repowering
Application);
2.WHEREAS,in connection with such filing,the Company will provide to IPUC
staff access to certain confidential information related to the Repowering Application,and which
requires execution of this Agreement as a condition precedent to such discussions and exchange
of such confidential information further described herein;
3.WHEREAS,Rocky Mountain Power and IPUC staff agree that entering into a
Protective Agreement will expedite the review process;will afford the necessary protection to
Rocky Mountain Power's and IPUC's employees 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 STIPULATED AND AGREED AS FOLLOWS:
1.(a)Confidential 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 Information")shall be so marked by the party or entity
providing the informationby 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 Information shall be strictly controlled by the terms of this Agreement.
PROTECTIVE AGREEMENT l
(b)Use of Confidential Information
All persons who may be entitled to review,or who are afforded access to any
Confidential 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 stated and solely 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.
(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 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.
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 Protective Agreement.
(b)Return of Confidential Information
All original documents and copies of the Confidential Information shall,at the receiving
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 the Repowering case.Upon request,
counsel for the receiving party shall certify in writing to the providing party that the information
has been either returned or shredded as described above.
Unless otherwise ordered,Confidential Information,including transcripts of depositions
containing information to which a claim of confidentialityis made,shall remain under seal,shall
PROTECTIVE AGREEMENT 2
continue to be subject to the protective requirements of this Agreement,until returned or
shredded as described above.
(c)Return of Notes
Any notes maintained by a recipient of Confidential Informationwhich embody or reflect
any of the Confidential Information provided under this Agreement 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 Objectionto Admissibility
(a)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.
(b)_S_eal
While in the custody of the Commission,materials containing Confidential Information
shall be marked "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 Hearing and Transcripts
Any Confidential Information 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 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 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 Protective Agreement,unless such
information is released from the restrictions of this Agreement either throughagreement 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.
PROTECTIVE AGREEMENT 3
4.Use in Pleadings
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)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 Information 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 agreements set forth in
Exhibit A attached to this Protective Agreement,and may,in turn,be disclosed by them only to
individuals who likewise signed Exhibit A.
5.Summary 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.This Protective Agreement shall become effective on the date hereof.
PROTECTIVE AGREEMENT 4
DATED this day of August,2017.
ROCKY MOUNTAIN WER
vonne R.Hogie '
ttorney for Rocky Mountain wer
IDAHO PUBLIC UTILITIES COMMISSIONSTAFF,
as spectiled in Exidbit A,below
By
randon
u omey General
PROTECTIVE AGREEMENT 5
DATED this day of August,2017.
ROCKY MOUNTAIN POWER
BY
Yvonne R.Hogle
Attorneyfor Rocky Mountain Power
IDAHO PUBLIC UTILITIES COMMISSION STAFF,
as specified in Exhibit A,below
By
randon K n /
orney General
PROTECTIVE AGREEMENT 5
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated August 2,2017 in Case
No.PAC-E-17-06 and agree to be bound by the terms and conditions of such Agreement.
Stacey Donoh
Idaho Public Utilities Commission
Employer or Firm
472 W.Washington Street,Boise,ID 83702-5918
Business Address
Commission Staff
Party
Date ''
PROTECTIVE AGREEMENT 5
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated August 2,2017 in Case
No.PAC-E-17-06 and agree to be bound by the terms and conditions of such Agreement.
Kathleen L.Stockton
Idaho Public Utilities Commission
Employer or Firm
472 W.Washington Street,Boise,ID 83702-5918
Business Address
Commission Staff
Party
Date
PROTECTIVE AGREEMENT 3
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated August 2,2017 in Case
No.PAC-E-17-06 and agree to be bound by the terms and conditions of such Agreement.
Richard Keller
Idaho Public Utilities Commission
Employer or Firm
472 W.Washington Street,Boise,ID 83702-5918
Business Address
Commission Staff
Party
Date
PROTECTIVE AGREEMENT 6
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated August 2,2017 in Case
No.PAC-E-17-06 and agree to be bound by the terms and conditions of such Agreement.
Mike Louis
Idaho Public Utilities Commission
Employer or Firm
472 W.Washington Street,Boise,ID 83702-5918
Business Address
Commission Staff
Party
Date
PROTECTIVE AGREEMENT 8
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated August 2,2017 in Case
No.PAC-E-17-06 and agree to be bound by the terms and conditions of such Agreement.
Michael Eldred
Idaho Public Utilities Commission
Employer or Firm
472 W.Washington Street,Boise,ID 83702-5918
Business Address
Commission Staff
Party
Date
PROTECTIVE AGREEMENT 7
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated August 2,2017 in Case
No.PAC-E-17-06 and agree to be bound by the terms and conditions of such Agreement.
Bentley dwurm
Idaho Public Utilities Commission
Employer or Firm
472 W.Washington Street,Boise,ID 83702-5918
Business Address
Commission Staff
Party
Date
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated August 2,2017 in Case
No.PAC-E-17-06 and agree to be bound by the terms and conditions of such Agreement.
Terri Carlock
Idaho Public Utilities Commission
Employer or Firm
472 W.Washington Street,Boise,ID 83702-5918
Business Address
Commission Staff
Party
Date