20200624Protective Agreement.pdf

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PROTECTIVE AGREEMENTBET*EEN'UMEN'r' 3x:8 *!!ill 2h PH lr: 30
PACIFICORP DBA ROCKY MOUNTAIN POWER i l, 1 ilij:Lie
AI\D THE IDAHO PUBLIC UTILITIES COMMISSION STAT:F ;; ;, I1.],X{Id}Ti$.IS1T
(cAsE NO. PAC-E-20-05)
This Protective Agreement is entered into this 106 day of June,2O2O by PacifiCorp dba
Rocky Mountain Power ("Rocky Mountain Power" or'oCompany") and the Idaho Public Utilities
Commission Staff ("Commission Staff ').
Recitals:
1. WHEREAS, the Company recently filed its Application for Approval of a Lease
Agreement between Rocky Mountain Power and Extenet System, [nc.;
2. WHEREAS, in connection with such filing, the Company anticipates providing
to Commission Staffaccess to certain confidential information, which requires execution of this
Agreernent as a condition precedent to such discussions and exchange of such confidential
information further described herein;
3. WHEREAS, Rocky Mountain Power and Commission Staffagree that entering
into a Protective Agreement will expedite the review process; will afford the necessary
protection to Rocky Mountain Power's and Commission Staff 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 AI\D 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 lnformation") shall be so marked by the party or entity
providing the information by stamping the same with a designation indicating its trade secret,
PROTECTTVE AGREEMENT I
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.
(b) Use of Confidential Information
All persons who may be entitled to review, or who are afforded access to any Confidential
lnformation 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 and conduct of the 2020 ECAM, 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 Aereement
Confidential lnformation 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 certifu 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 providing
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 2020 ECAM case. Upon request,
counsel for the receiving party shall certifu in writing to the providing party that the information
has been either returned or shredded as described above.
PROTECTTVE AGREEMENT 2
Unless otherwise ordered, Confidential Information, including tanscripts of depositions
containing information to which a claim of confidentiality is made, shall remain under seal until
retumed or shredded as described above; however, this shall not affect any obligation to ensure
the Confidential lnformation received by the Parties is kept confidential, which obligation shall
continue indefinitely.
(c) Return of Notes
Any notes maintained by a recipient of Confidential lnformation which embody or reflect
any of the Confidential Information provided under this Agreement shall, upon request of the
providing party, be either retumed to the providing party or, at the option of the recipient,
destoyed.
3. Non-waiver of Obiection to Admissibilitv
(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.
O) Seal
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 Hearinq and Transcriots
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, my transcription of any examination or other reference to
Confidential Information (or that portion of the record containing Confidential lnformation) 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.
3PROTECTTVE AGREEMENT
4. Use in Pleadinss
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 lnformation contained therein. Any use of or substantive references
to Confidential lnformation 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 affached
to this Protective Agreement, and may, in turn, be disclosed by them only to individuals who
likewise signed Exhibit A.
5. Summarv of Record
If deemed necessary by the Commission, the providing parties shall prepare a written
summary of the Confidential lnformation referred to in Orders to be issued to the public and the
parties.
6. Jurv 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. Term.
This Agreement shall expire on the earlier ofl (i) two (2) years from the date of this
Agreement, or (ii) the conclusion of the 2020 ECAM; provided, however, such termination shall
not affect any obligation with respect to Confidential Information received by the Parties prior to
such termination, which obligation shall continue indefinitely
4PROTECTTVE AGREEMENT
DA,TED this 106 day of June,2O2O
ROCI(Y MOUNTAIN POWER
EmilyWegener
Attorrey for Rocky Mountain Power
IDAHO PTIBLIC UTILITIES COMIVIISSION STAX'f,"
as specifled ln Exhlbtt A, below
Dalm
Deputy Attomey General
Idaho Public Utilities Commission
ry
5PROTECTTVE AGREEMENT
EXHIBIT A
Case No. PAC-E-20-{13
I am an employue of the ldaho Public Utilities Commission. I have reviewed the forcgoing
Protectirr Agreemcnt dated the lOs day of June 2020, and agfee to be bound by it"
lJ)lt Lg
Rick Dete
6PROTECTIVE AGREEMENT
EKHIBIT A
CaseNo. PAC-E-20{5
I am an employee of the ldaho Public Utilitics Commission. I have reviewed thc foregoing
Protectivc Agreement datcd thc 1Ofr day of June 2020, and agrcc to be bound by it.
Keyt Dete
6PROTECTIVE AGREEMENT
EXHIBIT A
Case No. PAC-E-2O-{|S
I am an employee of the ldaho Public Utilities Commission. I have rwiewed the foregoing
Protcctivc Agrcement dated the 106 day of June 2020, and rgree to be bound by it.
k/,b/a4ll t-r,a 6110/2030
Mike Louis Dete
6PROTECTIVE AGREEMENT
EXI{IBIT A
Casc No. PAC-E-20-05
I am an cmploycc of the ldaho Public Utilitics Commission. I hove reviervcd ttre forcgoing
Protectivc Agrecrncnt dated the lOth day of Junc 2020, and agrcc to hc bound by it.
-{
Donn English Date
,{
{rPROTECTIVE AGREETUENT
EXIITBIT A
Casc No. PAC-E 20{5
I am an employce of the ldaho Public Utilities Commission. I have reviewed the foregoing
Protective Agreement dated the l0m day of June 2020, and agree to be bound by it.
t a
Daniel Klein Date
6PROTECTIVE AGREEMENT
EXHIBIT A
Case No. PAC-E 2ll-05
I am an employee of the ldaho Public Utilities Commission. I have reviewed the foregoing
Protective Agreement datcd thc 1Oft day of June 2020, and agree to be bound by it.
?4%6/1ano20
Joseph Teny Date
6PROTECTIVE AGREEMENT
EXHIBIT A
Case No. PAC-E-20{5
I am an e,mployee of the Idaho Public Utilities Commission. I have reviewed the foregoing
Protective Agree,ment datd the 10ft day of June 2020, and agree to be bound by it.
Stacey Donohue Date
6PROTECTTVE AGREEMENT