20160901Protective Agreement-Staff.pdf

PROTECTIVE AGREEMENT
BETWEEN
INTERMOUNTAIN GAS COMPANY
AND
IDAUO PUBLIC UTILITIES COMMISSION STAFF
This Protective Agreement (" Agreement" or "Protective Agreement") is entered
into this 23rd day of August, 2016, by Intermountain Gas Company ("Intermountain" or the
"Company") and Staff of the Idaho Public Utilities Commission ("Staff'); hereinafter the
"Parties".
Recitals:
1. WHEREAS, Intermountain desires to make available to Staff certain information
respecting the Application of lntermountain to change Base Rates (Case No. INT-G-16-02) and
change its Purchase Gas Cost Adjustment ("PGA'') rates (Case No. INT-G-16-03), hereinafter, the
"proceedings", and Staff desires to receive such information.
2. WHEREAS, Intermountain and Staff anticipate that parties to the Proceedings may
make requests to provide, or make available for review, certain information, considered by its
custodian to be of a trade secret, privileged or confidential nature (hereinafter "Confidential
Information") as defined in Idaho Code § § 7 4-107 through 7 4-109 and 48-801.
-· 3. WHEREAS, Intermountain and the undersigned parties agree that entering into a
Protective Agreement will expedite the production of documents; will afford the necessary
protection to lntermountain and the undersigned parties' employees and/or representatives in the
Proceedings 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 during the course of the Proceedings.
4. WHEREAS, Intermountain agrees to make certain computer models licensed to or
developed by lntermountain available to Staff for Staffs use, but does not intent to make such
models otherwise available to other parties in the Proceedings.
PROTECTIVE AGREEMENT
NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS:
1. (a) Confidential Information
All documents, data, computer models, 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 "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.
IDAPA 31.01.01.067.02. Ifin electronic form, the Confidential Information shall be reproduced
separately on a CD-ROM or other approved storage device and clearly marked as Confidential
Information. Id A 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. See Rules 67.03 and 233; IDAPA 31.01.01.067.03 and .233.
(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
attached Exhibit "A", agreeing to be bound by the terms and conditions of this Protective
Agreement. IDAPA 31.01.01.067.03-.04, .287.
(c) 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 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) 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
PROTECTIVE AGREEMENT 2
Exhibit "A" to this Agreement. Such information will be clearly marked and protected from
unauthorized public disclosure.
(e) 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 Protective 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 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.
3. Non-waiver of Obiection to Admissibility
The furnishing of any document, information, data, study or other materials pursuant to
this Protective 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.
4. Challenge to Confidentiality
(a) Initial Challenge
This Protective Agreement establishes a procedure for the expeditious handling of
information that a party claims is confidential. Any party may challenge the characterization of
any 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 of any
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. IDAPA 31.01.01.067.04.
(b) Subsequent Challenge
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
PROTECTIVE AGREEMENT 3
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) Challenge Hearing
The challenging party shall request that the Commission conduct an in camera proceeding
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 transcript 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. See Rule 287, IDAPA 31.01.01.287.
( 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 disclosure pursuant to
the Idaho Public Records Act (Idaho Code§§ 74-101 through 74-126). If information is found to
be not exempt from disclosure, 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 providing party to seek relief
and to separate non-exempt material from that found to be confidential. Such relief may be sought
from the Commission or a court of competent jurisdiction.
5. (a) Receipt Into Evidence
Provision is hereby made for receipt into evidence in this proceeding of materials claimed
to be confidential in the following manner:
(1) 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 of the used Confidential
Information 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.
PROTECTIVE AGREEMENT 4
(2) One (1) copy of the used Confidential Information or substantive reference
to Confidential Information or substantive reference to Confidential
Information described in paragraph S(a)(l) shall be placed in the sealed
record.
(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 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.
(c) In Camera Hearing and Transcripts
Any Confidential Information that must be orally disclosed at a hearing in the proceedings
shall be offered at an in camera hearing, attended only by persons authorized to have access to the
information under this Protective Agreement. Rule 243, IDAPA 31.01.01.243. 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. Rule 287, IDAP A 31.01.01.287.
( 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 final jurisdiction.
(e) Appeal
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. See Idaho Court Administrative Rules
32(g)(l), (15), and (i). If a portion of the record is forwarded to a court under seal for the purposes
PROTECTIVE AGREEMENT 5
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 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), 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 turn, be disclosed by them only to individuals who likewise
signed Exhibit "A".
7. 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.
8. Return or Destruction of Confidential Information
(a) Use of the Confidential Information is for the limited duration of the Proceedings.
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 thirty (30) days after the final settlement or conclusion of the proceedings,
including administrative or judicial review thereof. After return or destruction of documents
pursuant to this paragraph, and upon request, a written receipt verifying return or destruction shall
be provided by counsel.
(b) On a case-by-case basis and upon notification to and consent by Intermountain,
Staff may retain under seal one copy of Confidential Information, other than computer models
under license to Intermountain or developed by lntermountain. A Staff member who has signed
Exhibit "A" may review and use Confidential Information in other Commission proceedings.
Staff's use and disclosure of the Confidential Information in a later Commission proceeding shall
be subject to this Protective Agreement and to any protective agreement signed in the subsequent
proceeding.
PROTECTIVE AGREEMENT 6
(c) Any notes maintained by a recipient of Confidential Info1mation which embody
or reflect any of the Confidential Information provided under this Agreement shall, upon request
of the providing pai1y, 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.
DATED this 301h day of August, 2016.
PROTECTIVE AGREEMENT
INTERMOUNTAIN GAS COMPANY
.
By--'-~-'-'--vvtl__,___l~~~~~~~
Ronald L. Williams
Attorney for Intermountain Gas Company
IDAHO PUBLIC UTILITIES COMMISSION STAFF
.•
Narrie
Deputy Attorney General
Idaho Public Utilities Commission
472 West Washington Street
Boise, ID 83 702
Attorney Representing
Idaho Public Utilities Commission Staff
7
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this 23rd day of August 2016, in Case
Nos. INT-G-16-02 and INT-G-16-03 and agree to be bound by the terms and conditions of such
Agreement.
Sean Costello -Deputy Attorney General
Idaho Attorney General -Idaho PUC
Employer or Firm
472 W. Washington Street, Boise, ID 83702
Business Address
Commission Staff
Party
Date
------------------------------------------·--·--·--
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this 23rd day of August 2016, in Case
Nos. INT-G-16-02 and INT-G-16-03 and agree to be bound by the terms and conditions of such
Agreement.
Brandon karpen ~ Deputy Attorney General
Idaho Attorney General -Idaho PUC
Employer or Firm
472 W. Washington Street, Boise, ID 83702
Business Address
Commission Staff
Party
Date
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this 23rd day of August 2016, in Case
Nos. INT-G-16-02 and [NT-G-16-03 and agree to be bound by the terms and conditions of such
Agreement.
1 :
Terri Carlock
Idaho Public Utilities Commission
Employer or Firm
472 W. Washington Street, Boise, ID 83702
Business Address
Commission Staff
Party
., ! ~ . i,, . 1 , . ·, ,' •
i,. : . .'·., ·., .:-, ,, ' ( .. ·, ,, ... :_
Date
EXHIBIT "A"
[ have reviewed the foregoing Protective Agreement dated this 23rd day of August 2016, in Case
Nos. lNT-G-16-02 and [NT-G-16-03 and agree to be bound by the terms and conditions of such
Agreement.
Randy Lobb I
Idaho Public Utilities Commission
Employer or Firm
472 W. Washington Street, Boise, ID 83702
Business Address
Commission Staff
Party
Date
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this 23rd day of August 2016, in Case
Nos. INT-G-16-02 and INT-G-16-03 and agree to be bound by the terms and conditions of such
Agreement.
-·-__ .-------.,.
··-
. -
Kevin Keyt
Idaho Public Utilities Commission
Employer or Firm
472 W. Washington Street, Boise, ID 83702
Business Address
Commission Staff
Party
Date
EXHIBIT "A"
l have reviewed the foregoing Protective Agreement dated this 23rd day of August 2016, in Case
Nos. INT-G-16-02 and INT-G-16-03 and agree to be bound by the terms and conditions of such
Agreement.
Idaho Public Utilities Commission
Employer or Firm
472 W. Washington Street, Boise, ID 83702
Business Address
Commission Staff
Party
Date/
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this 23rd day of August 2016, in Case
Nos. INT-G-16-02 and INT-G-16-03 and agree to be bound by the terms and conditions of such
Agreement.
. / .· . , . ,,. ·' ~(... /'
Idaho Public Utilities Commission
Employer or Firm
472 W. Washington Street, Boise, ID 83702
Business Address
Commission Staff
Party
Date
,.,,,,..-,
\ ..
,· \ I
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this 23rd day of August 2016, in Case
Nos. CNT-G-16-02 and INT-G-16-03 and agree to be bound by the terms and conditions of such
Agreement.
Daniel Klein
Idaho Public Utilities Commission
Employer or Firm
472 W. Washington Street, Boise, ID 83702
Business Address
Commission Staff
Party
Date
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this 23rd day of August 2016, in Case
Nos. lNT-G-16-02 and lNT-G-16-03 and agree to be bound by the terms and conditions of such
Agreement.
Matt Elam /
Idaho Public Utilities Commission
Employer or Firm
472 W. Washington Street, Boise, ID 83702
Business Address
Commission Staff
Party
Date
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this 23rd day of August 2016, in Case
Nos. INT-G-16-02 and INT-G-16-03 and agree to be bound by the terms and conditions of such
Agreement.
;f~tifan ,Farley 7 .-Y
Idaho Public Utilities Commission
Employer or Firm
472 W. Washington Street, Boise, ID 83702
Business Address
Commission Staff
Party
Date
---
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this 23rd day of August 2016, in Case
Nos. INT-G-16-02 and INT-G-16-03 and agree to be bound by the terms and conditions of such
Agreement.
Idaho Public Utilities Commission
Employer or Firm
472 W. Washington Street, Boise, ID 83702
Business Address
Commission Staff
Party
Date
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this 23rd day of August 2016, in Case Nos.
INT-G-16-02 and INT-G-16-03 and agree to be bound by the terms and conditions of such Agreement.
Idaho Public Utilities Commission
Employer or Firm
472 W. Washington Street, Boise, ID 83702
Business Address
Commission Staff
Party
Date
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this 23rd day of August 2016, in Case
Nos. INT-G-16-02 and INT-G-16-03 and agree to be bound by the terms and conditions of such
Agreement.
Patricia Harms
Idaho Public Utilities Commission
Employer or Firm
472 W. Washington Street, Boise, ID 83702
Business Address
Commission Staff
Party
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this 23rd day of August 2016, in Case
Nos. INT-G-16-02 and INT-G-16-03 and agree to be bound by the terms and conditions of such
Agreement.
Idaho Public Utilities Commission
Employer or Firm
472 W. Washington Street, Boise, ID 83702
Business Address
Commission Staff
Party
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this 23rd day of August 2016, in Case
Nos . INT-G-16-02 and INT-G-16-03 and agree to be bound by the terms and conditions of such
Agreement.
Stacey Donohb\~J
Idaho Public Utilities Commission
Employer or Firm
472 W. Washington Street, Boise, ID 83702
Business Address
Commission Staff
Party
Date
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this 23rd day of August 2016, in Case
Nos. INT-G-16-02 and INT-G-16-03 and agree to be bound by the terms and conditions of such
Agreement.
BentleyErd1
Idaho Public Utilities Commission
Employer or Firm
472 W. Washington Street, Boise, ID 83702
Business Address
Commission Staff
Party
Date
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this 23rd day of August 2016, in Case
Nos. INT-G-16-02 and INT-G-16-03 and agree to be bound by the terms and conditions of such
Agreement.
Beverly Ba~~er 't'
Idaho Public Utilities Commission
Employer or Firm
472 W. Washington Street, Boise, ID 83702
Business Address
Commission Staff
Party
Date