20180727Clearwater Paper Protective Agreement.pdf

RECEIVED
?ilt$ iul 27 Pl,l 3: 25PROTECTIVE AGREEMENT
BETWEEN
AVISTA UTILITIES ANI)
CLEARWATER PAPER CORPORATION
(AND OTHER PARTIES AS APPLICABLE)
rvl
This Protective Agreement is entered into tils Jd day of by Avista Utilities
and Clearwater Paper Corporation (Clearwater), in connection Case Nos. AVU-E-I8-03 and
AVU-G-18-02.
Recitals:
L WHEREAS, Avista Utilities and Clearwater Paper Corporation (hereinafter
"Clearwater") anticipate that parties to this proceeding may make requests to provide, or make
available for review, certain information, considered by its custodian to be of a trade secret,
privileged orconfidential nature (as defined inldaho Code $$ 74-lA7 through 74-109 and48-801).
2, WHEREAS, Avista Utilities and the undersigned parties agree that entering into a
Protective Agreement will expedite the production of documents; will afford the necessary protection
to Avista Utilities and the undersigned parties' employees and/or representatives in the proceeding
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
lnformation which might be provided during the course of the proceedings, now therefore,
IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS:
l. (a) Confidential Information
AII documents, data, information, studies and other materials fumished pursuant to any
requests for information, subpoenas or other modes of discovery (formal or infbrmal), and including
depositions, that are claimed to be of trade secret, proprietary or confidential nature (herein referred
to as 'oConfidential 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. IDAPA 31,01.01.067. Any claim of confidentiality must be
accompanied by an attorney's certificate that the material is protected by law from public disclosure
and cite the specific legal authority to support the claim. IDAPA 3 1 .0 I .0 1 .23 3.
1PROTECTIVE AGREEMENT
i-,'',i; , i"luLiC, il ,,lr:;: (.;i)iiilfilSSl0N
(b)Ilrotection of Confidential I nformation
Access to and review of Confidential Information shall be strictly controlled by the tcrms of
this Agreement. Unless otherwise ordered, Confidential Information, including transcripts of
depositions containing information to which a claim of confidentiality is made, shall remain under
seal, shall continue to be subject to the protective requirements of this Agreement, and shall not be
disclosed to individuals who have not executed the nondisclosure agreement set forth in Exhibit "A."
(c)Use of Confidential Information
AlI persons who may be entitled to review, or who are affordcd access to any Confidential
lnformation by reason of this Agrcement shall neither use nor disclose the Confidential Intbrmation
fbr purposes of business or competition, or any purpose other than the purpose of preparation for and
conduct of the proceedings, and then solely as contemplated herein, and shall keep the Confidential
Information secure as trade secret, confidential or proprietary infonnation and in accordance with the
purposes and intent of this Agreement.
(d) Persons Bntitled to Revierv
Access to Confidential Inforrnation 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.
(e) Non-disckrsure Agrecmcnt
Confidential Information shall not be disclosed to any person rvho has not signed a non-
disclosure agreement on this form, which is attached hereto as Exhibit o'A" and incorporated herein.
'['he 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 thc 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. Qspips.
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 Agrcement.
2PROTECTIVE AGREEMENT
3. Non-waiver of Obiection to Admissibilitv
The fumishing of any document, information, data, study or other materials pursuant to this
Protective Agreement shall in no way lirnit or waive the right of the providing party to object to its
relevance or admissibility in any proceedings before this Commission.
4. Challenec to Confidentiality
(a) Initial Challense
This Protective Agreement establishes a procedure {br the expeditious handling of
information that a party claims is confidential. Any party may challenge the characterization of any
information, document, data or study olaimed by the providing party to be a trade secret, proprietary
or confidential information, A party seeking to challenge the confidentiality of any irformation shall
first contact counsel for the providing party and attempt to resolve any difference by stipulation.
Resolution may include removing the confidential classifications, creating a non-confidential
summary, reformatting the information, etc.
(b) Subse0ucnt Challcnee
In the event that the parties cannot agree as to the character of the information challenged,
any party challenging the confidentiality may petition the Commission to rule upon the disputed
information. The Petition shall be served upon the Commission and all parties to the case who have
signed on Exhibit "A" as provided in this Protective Agreement. The Petition shall designate with
specificity the document or material challenged and state the grounds upon which the subject
material are deemed to be non-confidential by the challenging party.
(c) Chnllense Hearine
The challenging parly shall request that the Commission conduct an in catneru procceding
where only those persons duly authorized to have access to such challenged materials under this
Protective Agreement shall be present. This hearing shall be commenced no earlier than five (5)
business days after serving the Petition on the providing party and the Commission. The record of
the in camera hearing shall be marked "CONFIDENTIAL - Subject to Protective Agreement."
To the extent necessary, the transeript of such hearing shall be separately bound, segregated, sealed,
and withheld from public inspection by any person not bound by the terms of this Agreement.
PROT'ECTIVE AC REEMEN'|3
(d) Dctcrmination
The parties will ask the Commission to issue an Order determining whether any challenged
information or material is not properly deemed to be exempt from public disclosure pursuant to the
ldaho Public Records Act (ldaho Corle $ $ 7 4-l0l tkough 7 4-126). If infonnation is found to be not
exempt from disclosure, no party shall discJose such challenged material or use it in the public
record. or otherwise outside the proceedings for at least five (5) business days unless the providing
party consents to such conduct. This procedure enables the restrictions of this Agreement from
material claimed to be confidential. Such relief may be sought from the Commission or a court of
competent jurisdiction.
5. (a) Receirrt Into Evidence
Provision is hereby made for receipt into evidence in this proceeding of materials claimed to
be confidential in the following manner:
(l) If the requesting party intends to use Confidential lnformation or to make
substantive reference to Confidential Information supplied to it under this
Agreement, it shall give reasonable prior notice of such intention to the
providing party and shall provide copies ofthe used Confidential Infbtmation
or substantive reference to Confidential Information only to the providing
party, and such other parties, if any, who have executed an Exhibit "A" to this
Protective Agreement.
(2) One (l ) copy of the used Confidential Intbrmation or substantive refbrence to
Confidential Information or substantive reference to Confidential Infbrmation
described in paragraph 5(a)(l) shall be placed in the sealed recorcl.
(3) The copy of the documents to be placed in the sealed record shall be tendered
by counsel for the providing party to the Commission, and shall be
maintained in accordance with the terms of this Protective Agrcement,
(b) Seal
While in the custody of the Commission, materials containing Confidential Information shall
be marked "CONFIDENTIAL - SUBJECT TO ATTORNEY'S CERTIFICATE OF
CONFIDENTIALITY" and shall not be examined by any person except under the conditions set
forth in this Agreement, if applicable.
4PROTECTIVE AGREEN,IENl'
(c) /n Cnarera l{carinq and Transcrints
Any Confidential Information that must be orally disclosed at a hearing in the proceedings
shall be offered at an in canters 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 limitedto the Commission and
persons who have signed an Exhibit "A" as provided in this Protective Agreement, unless such
infbrmation 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.
(e) Arrrreal
Should an appeal from the proceeding be taken, sealed portions of the record may be
forwarded to any court of competent jurisdiction for purposes of an appeal, but under seal as
designated herein for the intbrmation and use of the court. If a portion ofthe record is forwarded to a
court under seal for the purposes of an appeal, the providing party shall be notified which po(ion of
the sealed record has been designated by the appealing party as necessary to the record on appeal.
6. Use irlncadrnes
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), 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 5, This sealed section shall be served only on counsel of record
u,ho 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
,,Arr,
5PROTECTTVE AGREEMENT
7. Summary of Rccord
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.
8. Return or Destruction of Confidential Information
(a) Upon request of the providing party, all original documents and copies of the
Confidential Information shall be: (1) returned to the providing party;or (2) or at the option of the
recipient destroyed within thirry (30) days after the final settlement or conclusion of the proceedings,
including administrative or judicial revierv thereof. After retum or destruction of documents
pursuant to this paragraph, and upon request, a written receipt veriffing return or destruction shall be
provided by counsel.
(b) On a case-by-case basis and upon notification to the utility, Clearwater may retain
one copy of the Confidential Infbrmation under seal, Notwithstanding any other provision in this
Agreement, any member of Clearwater may review and use that copy of the Confidential Infbrmation
outside this proceeding while performing his or her duties as a Clearwater member. Clearwater's use
and disclosure of the Confidential Information in a later Commission proceeding shall be subject to
any protective agreement signed in the proceeding.
(c) 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 ofthe
providing party, be either returned to the providing party or, at the option of the recipient, destroyed.
9. Effective Date
This Protective Agreement shall become effective on the date hereof.
6PROTECTIVE AGREEMENT
DATED this
++2jl)'-day Iof r^{,,2018.
AVISTA UTILITIES
B1'
Dav
Avista Corporation
P.O.Box3727
141I E. Mission Ave.
Spokane, W A 99220-3727
Vice President and Chief Counsel of Regulatory and Government Affairs
Avista Corporation
CLEARWATER PAPER CORPORATION
Peter J
Richardson & O'Leary PLLC
515 N.27th Street
Boise,ID 83702
Representing
Clearwater Paper Corporation
7PROTECTIVE AGREEMENT
DATED this 25'r' day ol'Junc. 201 8
;\\,ISTA UTILITIES
lll'W
Avist/Corporatiorr
l'.O. I-lox 3727
l4l I E. Mission Ave.
Spokane, WA9922A4727
Vice Plcsident ancl Chief'Counsel ol'llegulatory ancl Ciovernment Alfairs
Avista Corporation
I DAIIO CONSEI{EVA'I'ION LIIAGUI'
Benjamin Otto
Energy Associate
Idaho Conscrvation League
PO Box 844, Boisc, ID 83701
EXIIII}I'[ ..A''
7PROTECI'lVD AGREEMIlNl'
EXHIBIT "A''
I havc reviewed the foregoing Protective Agreement dated in Case No.
AVU-E-18-03/AVU-C-18-02 and agree to be bound by the terms and conditions of such Agreement.
Name
lZi*ar/.s'n Ma.,*v (Lcc
Employer or Firm
StS r$ g1t\ S.+wen f,o)s€ tD gttoz
Business Address
larwo,Ae-
Party
-Ll-zor8
Date
8PROTECTIVE AGREEMENT
LdLfuyo{-h^r.ro,r
(fu karnd.,' t)a Hrn
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated L lzo . 2018 in Case No.
AVU-E-18-03/AVU-G-18-02 and agree to be bound by the terms and conditions of such Agreement.
N,
(rclna"Ar",, A/w,N ftLc
Employer or Firm
5K d Z1A S+r.r* Ba''s< rD J?:rr
Business Address
OLmrw^rrr fa*u
Parly
6^2/- /r
Date
8PROTECTIVE AGREEMENT
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated J., ne 2l .2018 in Case No,
AVU-E-I8-03/AVU-G-18-02 and agree to be bound by the terms and conditions of such Agreement.
lDrrr.r Q,k Di./Vd
Name
Bt ^t {rlh,roz, -4 tfr,
Employer or Firm
Business Address
ct
Party
dr:rt fr\, Zo t b
Date
"lrL
/,
8PROTECTTVE AGREEMENT
6or o *l,f K^4-?use{:[) *rtot
EXHIBIT (.A"
I have reviewed the foregoing Protective Agreement dated , )U*n*- "A .20r8 in Case No,
AVU-E-18-03/AVU-G-18-02 and agree to be bound by the terms and conditions of such Agreement,
Name
Employer or Firrn
Business Address grc/
Ctrnnu.?+-rurz &@
Pa$y
6 {4)
Date
8PROTECTIVE AGREEMENT
ErXHIBIT..At'
I have reviewed the foregoing Proteotivo Agreement dated JL,^.-"-O - 20r8 in Case No,
AW-E-18-03/AW-C-18-02 and agree to be bound bythe terms and oonditions of such Agreement.
Ernployer or Firm
\o b
Business Address
U.C/\
Party
G Z tg
Date
c^Lk -c
Oo."\q_JA 17,D7
IPROTECTryE AGREEMENT
EXHIBIT I'A"
I have reviewed the foregoing Protective Agreement dated u)t8 2At in Case No.
AVU-E-18-03/AVU-G-18-02 and agree to be bound by the terms and conditions of such Agreement.
Malisa Maynard
Name
Clearwater Paper
Employer or Firm
601 W. Riverside Ave. Suite I100. Sookane WA 99201
Business Address
Party
hlzs /z-utt
Dade
8PROTECTIVE AGREEMENT
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated )u,r--?J .2ort in Case No.
A VU-E- I 8-03/AVU-C- l 8-02 and agree to be bound by the terms and cond itions of such Agreement,
C.-u.'\( Hetrrarr,,-Nrr*..-.--l-
Employer or Firm
rU
Business Address
Party
Date
.|(:.)
d*,-:
8PROTE,CT]VE ACRIEMENT
(t\r.,.r,,,,, \r. t,..,.- (',,.r,,',. t,^-)Ir- '\
(.-
EXHIBIT ..A''
I have reviewed the foregoing Protective Agreement dated the 20th day of June 2018 in Case Nos.
AVU-E- 1 8-03/AVU-G- 1 8-02 and agree to be bound by the terms and conditions of such Agreement.
General
Public Utilities Commission
Employer or Firm
472 W. Washinston Street.tD 83702
Business Address
Commission Staff
Party
b.z't , t,
Date
EXHIBIT "A''
I have reviewed the foregoing Protective Agreement dated the 20th day of June 2018 in Case Nos.
AVU-E- I 8-03/AVU-G- 1 8-02 and agree to be bound by the terms and conditions of such Agreement.
Public Utilities Commission
Employer or Firm
472 W. Washineton Street. Boise. ID 83702
Business Address
Commission Staff
Party
D6 {
Date
EXHIBIT ..A"
I have reviewed the foregoing Protective Agreement dated the 20ft day of June 2018 in Case Nos.
AVU-E-I8-03/AVLI-G-18-02 and agree to be the terms and conditions of such Agreement.
Public Utilities Commission
Employer or Firm
q2W. Washington Street, Boise. ID 83702
Business Address
Commission Staff
Party
7-2-/g
Date
EXHIBIT ..A''
I have reviewed the foregoing Protective Agreement dated the 20th day of June 2018 in Case Nos.
AVU-E- I 8-03/AVU-G- l8-02 and agree to be bound by the terms and conditions of such Agreement.
Kasanda
Public Utilities Commission
Employer or Firm
472 W. Washington Street. Boise. lD 83702
Commission Staff
Party
"2y {oltr
Date
Business Address
EXHIBIT "A''
I have reviewed the foregoing Protective Agreement dated the 20'r'day of June 2018 in Case Nos.
AVU-E- I 8-03/AVU-G- I 8-02 and agree to be bound by the terms and conditions of such Agreement.
Michael
Public Utilities Commission
Employer or Firm
472 W . Washington Street, Boise, ID 83702
Business Address
Commission Staff
Party
412116:
Date
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated the 20tr'day of June 2018 in Case Nos
AVU-E- 18-03/AVU-G- 18-02 and agree to be bound by the terms and conditions of such Agreement.
Mike
Public Utilities Commission
Employer or Firm
4f2 V{. Washineton Street, Boise. ID 83702
Business Address
Commission Staff
Party
c Z v
Date
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated the 20il'day of June 2018 in Case Nos.
AVU-E-18-03/AVU-G-18-02 and agree to be bound by the terms and conditions of such Agreement.
Cl, uA rwU o',t*0",,,9--
Stacey Donohfie
Public Utilities Commission
Employer or Firm
472 W. Washineton Street. Boise. ID 83192
Business Address
Commission Staff
Partv
b[zrl zor N
Date