20220426Protective Agreement.pdf

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PROTECTIVEAGREEMENT .::-! !r:_r,.rji rr.r tr.:. E?
PACIFICoRP DBA RoCKY MoT,NTAIN PowER J.! '-: .i . i U I.\{ I rI.J. JC
APPLICATION OF ROCKY MOUNTAIN POWERREQUESTING ii:,, I, irliil
APPROVAL OF$28.4 MILLIONNET POWERCOSTDEFERRAL -i, :',' j,:',:i:ilji0N
(cAsE NO. PAC-EAa-AS)
This Protective Agreement is entered into this 56 day of April, 2022, by PacifiCorp dba
Rocky Mountain Power ("Rocky Mountain Power" or "Company') and ldaho Public Utilities
Commission Staff ("Commission Staff').
RECITALS
WHEREAS, the Company will file an Application for Requesting Approval of $28.4
Million Net Power Cost Deferral ("Application");
WHEREAS, in connection with such filing, the Company anticipates providing
Commission Staff access to certain confrdential information, which roquires execution of this
Agreement as a condition precedent to such discussions and exchange of such confidential
information frrther described herein; and
WHEREAS, Rocky Mountain Power and Commission Staffagree that entering into an
Agreement will expedite the review process; will afford the necessary protection to Rocky
Mountain Power's and Commission Staffs employees and/or representatives who might review
the information and subsequently be requested to reveal its contens by setting forth clear cut
parameters for use of Confidential Information, and will protect Confidential Information which
might be provided hereafter.
THEREFORE,IT tS ITEREBY STIPULATED AND AGREED AS FOLLOTilS:
l. Confidential Informatiol.
All documents, data, information, studies and other materials fumished prusuant to any
r€quests 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
PROTECTIVE AGREEMENT I
(herein refened 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 Agreernent.
(a) Use of Conlidential InformatioF..
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 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.
(b) Percons Entitled to Revicw,
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 publ ic disclosure.
(c) Non-disclosureAsreement.
Confrdential Information shall not be disclosed to any person who has not signed a non-
disclosure agreement on this form, which is attached hereto as Ef[!!!g! 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 certiry in writing that he or she has reviewed the
same and has consented to be bound by is terms. The Agreement shall contain the signatory's full
narne, permanent address and employer. Such agreement shall be delivered to counsel for thc
providing party, before disclosure is made.
PROTECTIVE AGREEMENT 2
2. Conies.
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.
(a) Return of Confidential Information.
All original documents and copies of the Confidential Information shall, at the providing
party's option, be: (l) rctumed to the providing party or (2) shredded by the holder of such
documents within thirty (30) days after lhe conclusion of the Application. Upon request, counsel
for the receiving party shall certiry in writing to the providing party that the information has been
either retumed or shredded as described above.
Unless othenrise ordered, Confrdential lnformation, including uanscripts of depositions
containing information to which a claim of confidcntiality is made, shall remain under seal until
retumed or shredded as described above; however, this shall not affect any obligation to ensurc
the Confidential Information received by the Parties is kept confidential, which obligation shall
continue indefinitely.
ft) Retention of Conlidential Information bv Staff
On a case-by-case basis and upon notification to the utility, the Commission Staff may
rctain 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 Staffmember. StafPs use
and disclosure of the Confidential Information in a later Commission proceeding shall be subject
to any protective agreement signed in the proceeding.
3PROTECTIVE AGREEMENT
(c) Return of Notgg.
Any notes maintained by a recipient of Confidential Information which embody or reflect
any of the Conlidential lnformation 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,
destroyed.
3. Non-waiver of Obiection to Admissibilitv.
(a) The fumishing 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) Sset
While in the custody of tlre Commission, materials containing Confrdential Information
shall be marked "CONFIDENTIAL - Subject to Protective Agreemenf' and shall not be
examined by any person except under the conditions set forth in this Agreement, if applicable.
(c) In Camcra Hearing 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 Agreement. Similarly, any transcription of arry examination or otherreference 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 Rccord.
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 Agreemenf unless such information
is released fmm the restrictions of this Agrcement either through agreement of the parties or after
4PROTECTIVE AGREEMENT
notice to the parties and hearing, pursuant to the order of the Commission and/or the final order of
a court having frnal jurisdiction.
4. Use iu 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 Information contained therein. Any use of or substantive references
to Confrdential 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 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 rcferred 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 Bgreement. 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.
5PROTECTIVE AGREEMENT
7. Isug
This Agrecment shall expire on the earlier of: (i) two (2) years from the date of this
Agreement or (ii) the conclusion of the Application; provided, howevcr, such termination shall
not affect any obligation with rcspect to Confidential Information received by the Parties prior to
such termination, which obligation shall continue indefinitely.
DATED this 6 day of Aoril 2022.
ROCKY MOI,'NTAIN POWER
By:,u&uJr-P*
Emily Wdcner a
Attorney for Rocky Mounain Power
COMMISSION STAFF
es cpcdlied tnE$!!!!.1!, bclow
Signature:Cfr"L t uth
Chris Burdin
Attorney representing the
Idaho Public Utilities Commission
6PROTECTIVE AGREEMENT
EXIIIBIT A
(cAsE NO. PAC-E-22-05)
I am a representative, conEactor or employee of the ldaho Public Utilities Commission. I have
reviewed the
bound by it.
foregoing Protective Agreement dated the 56 day of April,and agrec to be
Signature:
Print
Date:
7PROTECTIVE AGREEMENT
(cAsE NO. PAC{-22{5)
I am a represcntativc, oon@tor or employce of thc ldalro Fublic Utllities Conrmissian. I harc
rcviewcd tlr foEgoirry hotective Agreement datcd &r Se Ouy of April, 2A22 d agrce to bG
bord by it
Sigmturc:
Print Nmrc:
Date:
tPROTECTTVE AGREEMENT
ar t
(cAsE NO. PAC-E-!2-05)
I anr a rter€s€tttttivc, oonmctor or cmployee of ttre ldahs Publis Utilitics Cornnrissiou. I harrc
ruviened the forcgoing Protectirrc Agrcunent dated the 56 day of April, 2A2:2 afragree to be
borurd byit.
Signatue:-lrl lln,r^-
Name:
+qTytohnsonPrint
Date:
IPROTECTIVE AGREEMENT