20240126Protective Agreement.pdf

PROTECTIVE AGREEMENT 1
PROTECTIVE AGREEMENT IN THE MATTER OF THE APPLICATION OF ROCKY MOUNTAIN POWER FOR
APPROVAL OF A CAPACITY DEFICIENCY PERIOD TO BE USED FOR AVOIDED COST CALCULATIONS (CASE NO. PAC-E-24-01) This Protective Agreement is entered into this 25th day of January, 2024, by PacifiCorp dba
Rocky Mountain Power (“Rocky Mountain Power” or “Company”) and Idaho Public Utilities
Commission Staff (“Commission Staff”).
RECITALS
WHEREAS, the Company has filed an application for approval of the capacity deficiency
period determination to be used in avoided cost calculations using the Surrogate Avoided Resource
methodology applicable to small qualifying facilities (“Application”).
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; and
WHEREAS, Rocky Mountain Power and Commission Staff agree that entering into an
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.
THEREFORE, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS:
1. 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
PROTECTIVE AGREEMENT 2
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.
(a) 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 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) 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.
(c) 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 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
PROTECTIVE AGREEMENT 3
name, permanent address and employer. Such agreement shall be delivered to counsel for the
providing party, before disclosure is made.
2. 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.
(a) Return of Confidential Information.
(i) 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 Application. 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 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.
(ii) 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 his or her duties as a Staff member by
signing an Exhibit A. Staff’s use and disclosure of the Confidential Information in a later
Commission proceeding shall be subject to any protective agreement signed in the subsequent
proceeding.
PROTECTIVE AGREEMENT 4
(b) 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 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
is released from the restrictions of this Agreement either through agreement of the parties or after
PROTECTIVE AGREEMENT 5
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 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 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 a jury trial has been waived with any other action in which a jury trial cannot be or has not
been waived.

PROTECTIVE AGREEMENT 6
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 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.

DATED this 25th day of January, 2024.

ROCKY MOUNTAIN POWER
By:
Joe Dallas
Attorney for Rocky Mountain Power IDAHO PUBLIC UTILITIES COMMISSION STAFF
By: ______________________________________ Deputy Attorney General Chris Burdin Idaho Public Utilities Commission 11331 W. Chinden Blvd., Bldg. 8
Ste. 201-A Boise, ID 83714