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Home My WebLink About20210512Protective Agreement.pdfPROTECTIVE AGREEMENT PACIFICORP DBA ROCKY MOUNTAIN POWER AND THE PACIFICORP IDAHO INDUSTRIAL CUSTOMERS (CASE NO.PAC-E-21-09) This Protective Agreement is entered into this 5th day of May.202!by PaciflCorp dba Rocky Mountain Power (“Rocky Mountain Power”or “Company”)and the Idaho Public Utilities Commission Staff (“Commission Staff’). Recitals: I.WHEREAS,the Company recently filed its Application Requesting Approval of Sl6.l Million Net Power Cost Deferral (ECAM); 2.WHEREAS,in connection with such filing,the Company anticipates providing Commission Staff access to certain confidential information,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 Commission Staff agree that entering into a Protective Agreement will expedite the review process;will afford the necessary protection to Rocky Mountain Power’s and Commission StaiPs 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: I.(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, PROTECTIVE AGREEMENT I RECEIVED 2021May 12, PM 3:27 IDAHO PUBLIC UTILITIES COMMISSION 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 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 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 A2reement 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 providing party’s option,be:(I)returned to the providing party or (2)shredded by the holder of such documents within thirty (30)days after the conclusion of the 202!ECAM 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. PROTECTIVE AGREEMENT 2 Unless otherwise ordered,Confidential Information,including transcripts of depositions containing information to which a claim of confidentiality is made,shall remain under seal until 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)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 Objection to AdmissibiIi’ (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)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 Hearin2 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 ajuiy trial has been waived with any other action in which ajury 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 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 PROTECTIVE AGREEMENT 4 DATED this _________ day of ,2021 ROCKY MOUNTAiN POWER By_______________________________ Emily Wegener Attorney for Rocky Mountain Power IDAHO PUBLIC UTILITIES COMMISSION STAFF, as specified in Exhibit A,below By_______________ Matt Hunter Deputy Attorney General Attorney for Idaho Public Utilities Commission Staff PROTECTIVE AGREEMENT 5 EXHIBIT A Case No.PAC-E-21-09 I am an employee of the Idaho Public Utilities Commission.I have reviewed the foregoing Protective Agreement dated the 5(11 day of May,2021,and agree to be bound by it. 5(7Z) Rick keller ate PROTECTIVE AGREEMENT 6 EXHIBIT A Case No.PAC-E-21-09 I am an employee of the Idaho Public Utilities Commission.I have reviewed the foregoing Protective Agreement dated the 5th day of May.2021,and agree to be bound by it. Date PROTECTIVE AGREEMENT 7 EXHIBIT A Case No.PAC-E-21-09 I am an employee of the Idaho Public Utilities Commission,I have reviewed the foregoing Protective Agreement dated the 5 day of May,2021,and agree to be bound by it. eph erry Date PROTECTIVE AGREEMENT 8 EXHIBIT A Case No.PAC-E-21-09 I am an employee of the Idaho Public Utilities Commission.1 have reviewed the foregoing Protective Agreement dated the 5th day of May,2021,and agree to be bound by it. 5 --C Curtis Thaden Date PROTECTIVE AGREEMENT 9 EXHIBIT A Case No.PAC-E-21-09 I am an employee of ihe Idaho Public Utilities Commission.I have reviewed the foregoing Protective Agreement dated the 5th day of May.2021.and agree to be bound by it. Zi 5j10)d021 Tern Carlock Date PROTECTIVE AGREEMENT 10