20210805Protective Agreement.pdf

PROTECTTVE AGREEMENT
PACIFICORP DBA ROCKY MOUNTAIN POWER
2021 GENERAL RATE CASE
(CASE NO. PAC-E-21-07)
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This Protective Agreement ("Agreement") is entered into this 29h day of July, 2021 by
PacifiCorp dba Rocky Mountain Power ("Rocky Mountain Power" or "Company") and Idaho
Public Utilities Commission Staff ("Commission Staff').
Recitals:
WHEREAS, the Company filed its Application for Authority to Increase its Rates and
Charges in Idaho and Approval of Proposed Electric Service Schedules and Regulations on May
27,2021 (*2021 GRC");
WHEREAS, in connection with such filing, the Company anticipates providing
Commission Staff access to cerlain confidential information, which requires execution of this
Agreement as a condition precedent to such discussions and exchange of such confidential
information further described herein;
WHEREAS, Rocky Mountain Power and Commission Staff agree that entering into a
Agreement will expedite the review process; will afford the necessary protection to Rocky
Mountain Power's and Commission Staff s ernployees 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:
l. (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.
IPROTECTIVE AGREEMENT
(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 of
preparation and conduct of the 2021 GRC, and shall keep the Confidential lnformation secure as
trade secret, confidential orproprietary 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 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 ernployer. 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 infonnation available to individuals who have executed an Exhibit
A to this Agreement.
(b)Return of Confidential Information
All original documents and copies of the Confidential Information shall, at the providing
party's option, be: (l) retumed to the providing party or (2) shredded by the holder of such
documents within thirty (30) days after the conclusion of the 2021 GRC 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 lnformation, including transcripts of depositions
containing information to which a claim of confidentiality is made, shall remain under seal until
2PROTECTIVE AGREEMENT
returned or shredded as described above; however, this shall not affect any obligation to ensure
the Confidential Information received by the Parties is kept confidential, which obligation shall
continue indefinitely.
(c) Retention of Confidential Information bv Staff
On a case-by-case basis and upon notification to the utility, the Commission Staff may
retain one copy of the Confidential Information under seal. Notwithstanding any other provision
in this Agreement, any member of Staff may review and use that copy of the Confidential
Information outside this proceeding while performing their duties as a Staff member. Staff s use
and disclosure of the Confidential Information in a later Commission proceeding shall be subject
to any protective agreement signed in the proceeding.
(d)Return of Notes
Any notes maintained by a recipient of Confidential Information which embody or reflect
any of the Confidential lnformation 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 Obiection to Admissibility
(a) The furnishing of any document, information, data, study or other materials
pursuant to this 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) 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 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 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 Agreement, unless such information
3PROTECTIVE AGREEMENT
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.
4. 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) 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 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 Information 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 of: (i) two (2) years from the date of this
Agreement, or (ii) the conclusion of the 2021 GRC; provided, however, such tennination shall not
affect any obligation with respect to Confidential Information received by the Parties prior to such
termination, which obligation shall continue indefinitely.
4PROTECTIVE AGREEMENT
DATED this 296 day of July,202l
ROCKY MOUNTAIN POWERry
Emily Wegener
Attorney for Rocky Mountain Power
IDAHO PUBLIC UTILITIES COMMISSION STAFF
Dayn Hardie
Deputy Attorney General
Idaho Public Utilities Commission
J Hammond, Jr.
Attorney General
Public Utilities Commission
5PROTECTIVE AGREEMENT
EXHIBIT A
Case No. PAC-E-21-07
I am a representative, contractor or employee of the Idaho Public Utilities Commission. I have
reviewed the foregoing Protective Agreement dated the 29ft day of July 202l,and agree to be
bound by it.
Josh
Public Utilities Commission
Employer or Firm
I l33l W. Chinden Blvd., Building 8, Suite 201-A
Boise.Idaho 83714
Business Address
Commission Staff
Party
9/z /zoz(
Date
6PROTECTIVE AGREEMENT
EXHIBIT A
Case No. PAC-E-21-07
I am a representative, contractor or employee of the Idaho Public Utilities Commission. I have
reviewed the foregoing Protective Agreement dated the 296 day of July 2021, and agree to be
bound by it.
Public Utilities Commission
Employer or Firm
I l33l W. Chinden Blvd., Building 8, Suite 201-A
Boise.Idaho 83714
Business Address
Commission Staff
Party
2
Date
LongBrad
7PROTECTIVE AGREEMENT
EXHIBIT A
Case No. PAC-E-21-07
I am a representative, contractor or employee of the Idaho Public Utilities Commission. I have
reviewed the foregoing Protective Agreement dated the 29m day of July 2021, and agree to be
bound by it.
5#,w
S
Public Utilities Commission
Employer or Firm
11331 W. Chinden Blvd., Building 8, Suite 201-A
Boise.Idaho 83714
Business Address
Commission Staff
Party
,l
Date
8PROTECTIVE AGREEMENT
EXHIBIT A
Case No. PAC-E-21-07
I am a representative, contractor or employee of the ldaho Public Utilities Commission. I have
reviewed the foregoing Protective Agreement dated the 29th day of July 2O2l,and agree to be
bound by it.
Puhlic I Itilities Commission
Employer or Firm
11331 W. Chinden Blvd., Building 8, Suite 201-A
Boise.Idaho 83714
Business Address
Commission Staff
Party
oe
9PROTECTIVE AGREEMENT
EXHIBIT A
Case No. PAC-E-21-07
I am a representative, contractor or employee ofthe Idaho Public Utilities Commission. I have
reviewed the foregoing Protective Agreement dated the 296 day of July z}2l,and agree to be
bound by it.
Public Utilities Commrssron
Employer or Firm
I l33l W. Chinden Blvd., Building 8, Suite 201-A
Boise.Idatro 83714
Business Address
Commission Staff
Party
Date
Keyt
PROTECTIVE AGREEMENT l0
EXIIIBIT A
Case No. PAC-E-21-07
I anr a representative, contractor or employee of the Idaho Public Utilities Commission. I have
reviewed the foregoing Protective Agreement dated the 29e day of July z12l,and agree to be
bound by it./{d
Michael Eldred
Public Utilities Commission
Employer or Firm
ll33l W. Chindrn Blvd., Building 8, Suite 201-A
Boi-se. tdaho 83714
Businoss Address
Comrnisslon Staff
Party
-le'tlzl
Date
PROTECTryE AGREEMENT n
EXHIBIT A
Case No. PAC-E-21-07
I am a representative, contractor or employee of the Idaho Public Utilities Commission. I have
reviewed the foregoing Protective Agreement dated the 29th day of July 2O2l,and agree to be
bound by it.
Yin
Public Utilities Commission
Employer or Firm
11331 W. Chinden Blvd., Building 8, Suite 201-A
Boise- Idaho 81714
Business Address
Commission Staff
-7 >1 )rot t
Date
Party
PROTECTIVE AGREEMENT l3
EXHIBIT A
Case No. PAC-E-2|-07
I am a representative, contractor or employee of the Idaho Public Utilities Commission. I have
reviewed the foregoing Protective Agreement dated the 29th day of July 2021, and agree to be
bound by it.
Rick
Public Utilities Comrnission
Employer or Firm
I l33l W. Chinden Blvd., Building 8, Suite 2AlA
Boise- Idaho R1714
Business Address
Commission Staff
Party
r lzq lzr
Date I I
PROTECTIVE AGREEMENT t4
EXHIBIT A
Case No. PAC-E-21-07
I am a representative, contractor or employee of the ldaho Public Utilities Commission. I have
reviewed the foregoing Protective Agreement dated the 29th day of July 2021, and agree to be
bound by it.
Chris Hecht - signed electronicallv retumed at email attachment
Chris Hecht
Public Utilities Commission
Employer or Firm
I l33l W. Chinden Blvd., Building 8, Suite 201-A
Boise.ldaho 83714
Business Address
Commission Staff
Party
Julv 29. 2021 1059
Date
PROTECTIVE AGREEMENT l5
EXHIBIT A
Case No. PAC-EAI.,07
I am a representative, contractor or employee of the ldaho Public Utilities Commission. I have
reviewed the foregoing Protective Agreement dated the 29th day of July 212l,and agree to be
bound by it.(.;lf;
Curtis Thaden
Public Utilities Commission
Employer or Firm
I l33l W. Chinden Blvd., Building 8, Suite 201-A
Boise.Idaho 83714
Business Address
Commission Staff
Party
'7-Aq'Ao).t
Date
PROTECTIVE AGREEMENT l6
EXHIBIT A
Case No. PAC-E-21-07
I am a representative, contractor or employee of the ldaho Public Utilities Commission. I have
reviewed the foregoing Protective Agreement dated the 29th day of July 2O2l,and agree to be
bound by it.
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Terri Carlock
Public Utilities Commission
Employer or Firm
I l33l W. Chinden Blvd., Building 8, Suite 201-A
Boise- Idaho 83714
Business Address
Commission Staff
Party
a1 zDel
Date
PROTECTIVE AGREEMENT t7
EXHIBIT A
Case No. PAC-E-21-07
I am a representative, contractor or employee of the ldaho Public Utilities Commission. I have
reviewed the foregoing Protective Agreement dated the 29th day of July 202l,and agree to be
bound by it.
./,
Donn
Public Utilities Commission
Employer or Firm
11331 W. Chinden Blvd., Building 8, Suite 201-A
Boise.Idaho 83714
Business Address
Commission Staff
Party
7'21-2 02 /
Date
PROTECTIVE AGREEMENT l8
E'ffiTBIT A
Case No. PAC-E-21.07
I am a representative, contractor or employee of the Idatro Public Utilities Comrnission. I have
reviewed the fbregoing Protective Agroement dated the 296 day of July 242l,and agroe to be
bound by it,
Louis
Publtc Utilities Commission
Employer or Firm
I l33l W. Chinden tslvd., Building 8,Suite 201-A
Boise.Idaho 83714
Business Addross
{lnrnrnissirln R,fof
Par!ry
L9 z1
Date
PROTECTIVE AGREEMENT l9
EXHIBIT A
Case No. PAC-E-21-07
I am a representative, contractor or employee of the Idaho Public Utilities Commission. I have
reviewed the foregoing Protective Agreement dated the29fr day of July 2O2l,and agree to be
bound by it.
Daniel Klein
Puhlic I Itilities Commission
Employer or Firm
I l33l W. Chinden Blvd., Building 8, Suite 201-A
Boise.Idaho 83714
Business Address
Commission Staff
Party
Date
PROTECTIVE AGREEMENT 20