20210902Protective Agreement.pdf

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PROTECTTVE AGREEMENT
PACIFICORP DBA ROCKY MOIJNTAIN POWER,,, ; , ;.1 -I f lj g: 3iAPPLICATION FOR AUTHORITY TO IMPLEMENT A
BATTERY DEMAND RESPONSE PROGRAM JI
(CASE NO. PAC-E-2I-16) ; ' t' :i;rl'li;i'l
This Protective Agreement ("Agreement") is entered into this 25th day of August,202l
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 Implement a Battery
Demand Response Program on July 15,20211'
WHEREAS, in connection with such filing, the Company anticipates providing
Commission Staffaccess to certain confidential information, which requires execution of this
Agreement as a condition precedent to such discussions and exchange of such confidential
information fuither described herein;
WHEREAS, Rocky Mountain Power and Commission Staffagree that entering into a
Agreement will expedite the review process; will afford the necessary protection to Rocky
Mountain Power's and Commission Staffls 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,
PROTECTIVE AGREEMENT
proprietary or confidential nature and printed on yellow paper. Access to and review of
Con{idential Information shall be strictly controlled by the terms of this Agreanent.
(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 evaluating the
Application, 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 discl osure.
(d) Non-disclosure Aereement
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 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 Agreement.
(b) Return of Confidential Information
All original documents and copies of the Confidential Information shall, at the providing
party's option, be: (l) returned to the providing party or (2) shredded by the holder of such
documents within thirty (30) days after the final order of the Commission in this docket. Upon
request, counsel for the receiving party shall certiff in writing to the providing party that the
information has been either returned or shredded as described above.
2PROTECTIVE AGREEMENT
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) Retention of Conlidential 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. Staffs 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 anbody 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 Obiection to Admissibilitv
(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) Seat
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 Hearins 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, flny transcription of any examination or other reference to Confidential
Information (or that portion of the record containing Confidential [nformation) shall be marked
and treated as provided herein for Confidential Information.
(d) Access to Record
3PROTECTTVE AGREEMENT
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
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. 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. 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 ofi (i) two (2) years from the date of this
Agreement, or (ii) a final order of the Commission on the Application; 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
4PROTECTIVE AGREEMENT
DATED this 2S day of Augrrst, 2021
R(rcICTMOI'NTAIN POWER
frb U&r""*,-
rmitv wegndcr O
Attorney for Roe,ky Mountain Power
IDAHO PTJBLIC UTILITIES COMMISSION STAFF
EriokM. Shanon
Attorney Rcprescnting the
Idaho Public Utilities Commission Staff
5PROTECTTVE AGREEMENT
EXHIBIT A
APPLICATION FOR AUTHORITY TO IMPLEMENT A BATTERY DEMANI)
RESPONSE PROGRAM (PAC-E-2 l-16)
I am a representative, contractor or employee of the Idaho Public Utilities Commission. I have
reviewed the foregoing Protective Agreement dated ttreJOitaay of A--, tl 2021, and
agree to be bound by it.
r^) I fL
Print Name
2y'
Date
6PROTECTIVE AGREEMENT
EXHIBIT A
APPLICATION TOR AUTHORITY TO IMPIJMENT A BA,TTERY DEMANI)
RF,SPONSE PROGRAM (PAC-E 2r-16)
I arr a representativg contractor or employee of the Idaho Public Utilities Commission. I have
rcviewed the foregoing Protective Agreement dated the 25m day ofAugust,}O2l,and agree to be
bound by it.
Donn
Zt'7 t
Datc
7PROTECTTVE AOREEMENT
EXHIBIT A
APPLICATION FOR AUTHORITY TO IMPLEMENT A BATTERY DEMAND
RESPONSE PROGRAM (PAC-E-21-16)
I am a representative, contractor or employee of the Idaho Public Utilities Commission. I have
reviewed the foregoing Protective Agreement dated the 25th day of August,2\2l, and agree to be
bound by it.
Mike Louis
Date
8PROTECTIVE AGREEMENT
EXHIBIT A
APPLICATION FOR AUTHORITY TO IMPLEMENT A BATTERY DEMAIYD
RESPONSE PROGRAM (PAC-E-2 l-16)
I am a representative, contractor or employee of the ldaho Public Utilities Commission. I have
reviewed the foregoing Protective Agreement dated the 25m day of August, 2021, and agree to be
bound by it.
Terri Carlock
Signature
9PROTECTIVE AGREEMENT
EXHIBIT A
APPLICATION FOR AUTHORITY TO IMPLEMENT A BATTERY DEMAND
RESPONSE PROGRAM (PAC-E-21-16)
I am a representative, contractor or employee of the Idaho Public Utilities Commission. I have
reviewed the foregoing Protective Agreement dated the 25fi day of August, 2021, and agree to be
bound by it.
Taylor Thomes
)m/n)h,r*8'J5-aoasigndliDate
PROTECTIVE AGREEMENT t0
EXHIBIT A
APPLICATION FOR AUTHORITY TO IMPLEMENT A BATTERY DEMAI\ID
RESPONSE PROGRAM (PAC-E -21 -t6l
I am a representative, contractor or employee of the Idaho Public Utilities Commission. I have
reviewed the foregoing Protective Agreement dated the 25th day of August,202l, and agree to be
bound by it.
qa
YinY
z_r 7P>(
Date
PROTECTTVE AGREEMENT II