20180727Idaho Forest Group Protective Agreement.pdf

PROTECTIYE AGREEMENT
BETWEEN
AVISTA UTILITIES AND
IDAHO FOREST GROUP LLC
(AND OTHER PARTTES AS APPLTCABLE)
This Protective Agreement is entered into this 25th day of June by Avista Utilities and
Idaho Forest Group LLC ("ldaho Forest"), in connection with Case Nos. AvU-E-t 8-03 and AVU-G-
I 8-02.
Recitals:
l. WHEREAS' Avista Utilities and the ldaho Public Utilities Commission Staff
(hereinafter *Staff') 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 sesret,
privileged orconfidential nature (as defined in ldaho Code $$ 74-107 ttrough 74-109 and 48-801).
2. WHEREAST Avista Utilities and the undersigned parties agree that entering into a
Protective Agreement will expedite the production ofdocuments; 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 subseguently be requestd to reveal its contents by setting
forth clear cut parameters for use of Confidential Information, and will protect Confidential
Information which might be provided during the course of thg proceedings, now therefore,
IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS:
I. (a) Confidential Infornration
All documents, data, information, studies and other rnaterials 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 "Confrdential Information") shall be so marked by the party orentity providingthe information
by stamping the same with a designation indicating its trade secret" proprietary or confidential nature
and printed on'!ellow''paper. IDAPA 31.01.01.067. Any claim of confidentiality must be
accompanied by an attomey's certificate that the material is protected by law from public disclosure
and cite the specific legal authority to support the claim. IDAPA 3l .01 .01 .233.
RECEIVED
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PROTECTIVE AGREEMENT I
(b) Protection of Confidential Information
Access to and review of Confidential Information shall be strictly controlled by the terms 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."
Ci Use of Confidential InformafioE
All penons who may be entitled to review, or who are afforded access to any Confidential
Information by reason ofthis Agreement shall neither use nor disclose the Confidential Information
for 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 information and in accordance with the
purposes and intent of this Agreement.
(d)@
Access to Confidential Information shall be lirnited to counsel of the undersigned pa(ies,
employees, experts, agents or repnesentatives 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-disclosure Asreement
Confidential Information shall not be disclosed to any person who has not signed a non-
disclosure agrcement on this form, which is anached 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 certiff in writing that hc 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. 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.
2PROTECTIVE AGREEMENT
3. Non-waiver of Obiection to Admlssibility
The fumishing ofany document, information, dat4 smdy or other materials pursuant to this
Protective Ageement 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.
4. Challenee to Conlidenthlity
(a) Inltial Challense
This Protective Ageement establishes a procedure for the expeditious handling of
information that a party claims is confidential. Any paay may challenge the characterization ofany
information, document, data or study claimed by the providing party to be a trade secret, proprietary
or confidential information. A party seeking to challenge the confidentiality ofany information 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) Subseouent Challenee
In the event that the parties cannot agree as to the character of the information challenged,
any party challenging the conlidentiality 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 desigsrate 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) Challenee Herrins
The challenging party shall request that the Commission conduct an l.n calnera proceeding
where only those percons duly authorized to have access to such challenged materials under this
Protective Agreement shall be pres€nt. 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 transcript of such hearing shall be separately bound, segregated, sealed,
and withhetd from public inspection by any person not bound by the terms of this Agreement.
3PROTECTIVE AGREEMENT
(d) Determination
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 disctosure pursuant to the
Idaho Public Records Act(ldaho Code $$ 74-l0l through 74-126). If information is found to be nor
exempt from disclosutre, no party shall disclose 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) Receiot 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 Information 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 Information
or substantive reference to Confidential Information only to the providing
pafly, and such other parties, if any, who have executed an Exhibit "A" to this
Protective Agreement.
(2) One (l) copy of the used Confidential Information or substantive refercnce lo
Confidential Information or substantive reference to Confidential lnformation
described in paragraph 5(a)(l) shall be placed in the sealed record.
(3) The copy ofthe 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 Agreement.
(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 AGREEMENT
(c) In Camera Hearine snd Transcripts
Any Confidential Information that must be orally disclosed at a hearing in the proceedings
shall be offered atan 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 lnformation (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 finaljurisdiction.
(e) Anneal
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 information and use of the court. Ifa portion of the record is fonvarded to a
court under seal for the purposes of an appeal, the providing party shall be notified which portion of
the sealed record has been designated by the appealing party as necessary to the record on appeal.
6. 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), 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
who have signed the nondisclosure agreements set forth in Exhibit "A" attached to this Protective
Agreement, and may, in tum, be disclosed by them only to individuals who likewise signed Exhibit
*Att.
5PROTECTIVE AGREEMENT
7, Summary of Record
lf 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 Destnrction gf 9onfidenti.al Informatlo4
(a) Upon request of the providing pdy, all original documents and copies of the
Confidential Information shall be: (l) retumed to the providing party; or (2) or at the option of the
recipient destroyed within thirty (30) days after the final settlement orconclusion ofthe proceedings,
including administrative or judicial review thereof. After return or destnrction of documents
pursuant to this paragraph, and upon requesl, a written receipt veri$ing retum or destruction shall be
provided by counsel.
(b) On a case-by-case basis and upon notification to the utility, the Commission Staff
may retain one copy of the Confidential Information under seal. Notwithstanding any other
provision in this Agreement, any member of Staffmay review and use that copy of the Confidential
Information outside this proceeding while performing his or her duties as a Staffmembcr. Staffs
use and disclosure of the Confrdential Information in a later Commission proceeding shall be subject
to any protective agreement signed in the proceeding.
(c) Any notes maintained by a recipient of Confidential Information which embody or
reflect any of the Confidential Information provided under this Agreernent shall, upon request of the
providing parly, be either returned to the providing party or, at the option of the recipient, desroyed.
9, Effective Date
This Protective Agreement shall become effective on the dale hereof.
PROTECTTVE AGREEMENT 6
Dr\TIiD this 25'h day ol'.lune, 2018,
AYtSt-A t11'tLIl'ttis
David
Avista Corporation
I'.O. Box i7l7
l4l I Ii. i\4ission r\r'c.
Spokane. \\'A 99220-3727
Vice l)resitlent ancl Clhicl' Counscl ol' ltcgulaton' iuld G()\'cnlrrrent r\ llirirs
r\r'ista Corporation
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802 \\' Ilannock. Suitc tXX)
Boise. ID 8i703
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EXITIBIT"A'
I havc mvlowcd tho forqoing Pmreaiw Agrecmcnr OacO ro*lk; 20 I E in Crsc Nc. Aw-
E-tE 03 md AVTJ.(I-It (I2 and agpc to bc bound by thc tctmc snd conditionsof$rch Agrcctrrcnt.
Name
fietanu Srutub-s ,g-,ttntq r&-Ertpt"rr"rFlffi--
fe#t S, dirsc lw
Buslnes Addrcs
ILI* 6trst Oto.t,
Party
Deto
IPR,OTECTTVE AOREEMENT
EXHIBIT "A''
t have rcviewed the foregoing Prorective Agreement oateo ffi &o&in Case Nos. AvU-
E-18-03 and AVU-C-18-02 and agree to be bound by the terms and conditions of such Agreement.
d-,
Name
C*lI
Employer or Firm
Iuz^D b, fi&Llre,nol Mg-(3+rL
t
Party
Buslness Address
Date
LL
8PROTECTIVE ACREEMENT
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