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Home My WebLink About20170829Protective Agreement.pdfPROTECTIVE AGREEMENT BETWEEN PACIFICORP DBA ROCKY MOUNTAIN POWER AND IDAHO PUBLIC UTILITIES COMMISSION STAFF Docket No.PAC-E-17-07 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 a CPCN and approval of Binding Ratemaking treatment for new wind and transmission facilities with the Idaho Public Utilities Commission June 30,2017 (Gateway/New Wind Application); 2.WHEREAS,in connection with such filing,the Company will provide to IPUC staff access to certain confidential information related to the Gateway/New Wind 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 information by 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)Covies 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 Gateway/New Wind 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 Information which 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 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. 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 POWER o R.Hogle Atto for Rocky Mountain Power IDAHO PUBLIC UTILITIES COMMISSION STAFF, as specified in Exhibit A,below By 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 Bran Karpen eputy AttorneyGeneral PROTECTIVE AGREEMENT 5 EXHIBIT "A" I have reviewed the foregoing Protective Agreement dated August 2,2017 in Case No.PAC-E-17-07 and agree to be bound by the terms and conditions of such Agreement. Stacey Donog Idaho Public Utilities Commission Employer or Firm 472 W.Washington Street,Boise,ID 83702-5918 Business Address Commission Staff Party Date i PROTECTIVE AGREEMENT 5 EXHIBIT "A" I have reviewed the foregoing Protective Agreement dated August 2,2017 in Case No.PAC-E-17-07 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-17-07 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-17-07 and agree to be bound by the terms and conditions of such Agreement. Mike Lou 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-17-07 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 1/7 /7 7 Date PROTECTIVE AGREEMENT 7 EXHIBIT "A" I have reviewed the foregoing Protective Agreement dated August 2,2017 in Case No.PAC-E-17-07 and agree to be bound by the terms and conditions of such Agreement. entley Er rm 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-17-07 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