20200312Protective Agreement.pdf

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PROTECTIVE AGREEMBNT
BETWEEN
INTERMOI,JNTAIN GAS COMPANY, AND THE
IDAHO PI,IBLIC UTILTTIES COMhIISSION STAFT
(and other partles as applicable)
This Protective Agreement is entered into ttris Stil day of Febru ary Z12Oby and
between Intermountain Gas Company ("Company") and the Idaho Public Utilities Commission
Staff ("Staffl'). Other parties to the proceeding, such as any intervenors, rnay enter into this
Protective Agreement by executing the Agreement.
RECITALS:
l. WIIEREAS, the Company and 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 secret, privileged or confidential nature ("Confidential Information") as
deFrned in ldaho Code gg 74-lO7 through l+l$ and 48-801.
2. WHEREAS, the Company and the undersigned parties agree that entering into a
Protective Agreement will expedite the production of documents; will afford the necessary
protection to the Company's and the undersigned parties' employees and/or representatives in
the proceeding who might review the information and subsequently be requested to rcveal its
contents by setting forth clear cut parameters for use of Confidential Information; and wiil
protect Confidential Information which might be provided during the course of the proceedings,
now therefore,
IT IS HEREBY STIPTJLATED AND AGREED AS FOLLOWS:
1. (a) Confidential Infgfmation
All documents, data, information, studies and other materials fumished pursuant to any
requests for information, subpoenas or other modes of discovery (formal or informal), and
including depositions,lhat are ctaimed to be "Confidentiat Information" shatl be so marked by
the Party or entity providing the information by stamping the same wirh a dcsignation indicating
its trade secret, proprietary or confidential nature and printed on "yellow" paper. IDApA
3 I '01.01 .067 .A2. [f in 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
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Protective Agrcemcnt - INT-G-19-07
that the material is protected by law from public disclosure and cite the specihc legal authoriry to
suppo( the claim. .See Rules 67.03 and 233; IDAPA 3l .01.01.067 .03 and .233.
(b) Protection of Contidential Information
Access to and review of Confidential Information shall be strictly controlled by the terrns
of this Agreement. Unless othenrise ordered, Confidential Information, including transcripts of
depositions containing information to which a claim of confidenriality 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 nondisclosurc agreement set forth
in Exhibit 'A." IDAPA 3 I .0 I .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 Infonnation secune as trade secret, confidential or
proprietary information and in accordance with the purposes and intent of this Agreement.
(d) Persons Entitlgd 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.
(e) Non-disclosur.eAereement
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 Exhibit "An' 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 ro certify 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 name, permanent address and employer. Such agreement shall
be delivered to counsel for rhe providing pa*y before disclosure is made.
)Protective Agreemenr - INT-G- l9-07
2. Cooies
No copies or transcriptions of the Confidential Information shall be made by rhe 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 Obiectipn to Admissibilitv
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, Challe[Fe to Conlidentiality
(a) Initial Challenee
This Protective Agrcement 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
31.0r.01.067.04.
(b) Subseouent Challense
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 designatc with specificity the document or material challenged and state the grounds upon
which the subject material is deemed to be non-confidential by the challenging party.
(c) Challense Hearine
The challenging party shall request that the Commission conduct an in canrcra
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 canrera hearing shall be marked "CONFIDENTIAL - Subject to Protective
Protective Agreement - INT-G- I 9-07 3
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) Determinatlon
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 disclosurc
pursuant to the Idaho Public Records Act(ldoho Code $$ 74-l0l through 74-126). lt
information is found to be nol exempt from disclosuret no party shall disclose such challenged
material or use it in the public record, or otherwise outside the proceedings for at leasr 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 rclief 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:
( I ) If the requesting party intends to use Confidential Inforrnation or to make
substantive reference to ConFrdential 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.
(2\ One ( I ) copy of the used Confidential Information or substantive reference
to Confidential Information or substantive reference to Confidential
Information described in paragraph 5(aXl) 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 pafly to the Commission and shall
be maintained in accordance with the terms of this Protective Agreement.
4Protective Agreement - INT-G- 19-07
(b) Seal
While in the custody of the Commission, materials containing Confidential Information
shall be marked 'CONFIDEI.ITLAL - 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 Carzcra Hearins and Transcripts
Any ConFrdential lnformation that must be orally disclosed at a hearing in the
proceedings shall be offered at an rh ca,nera hearing, attended only by persons authorized to
have access to the information under this Protective Agreement. Rule 243, IDAPA
3 I .01 .01 .243. Similarly, any transcription of any examination or other reference to Confidential
lnformation (or that portion of the rccord containing Confidential lnformation) shall be marked
and treated as provided herein for Confidential Information. Rule 287, IDAPA 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 Agreernent 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) Appml
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 ldaho Court Administrative
Rules 32(gX l), ( l5), and (i). If a portion of the record is forwarded 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 Pleadinqs
Where references to Confidential lnformation in the sealed record or with the custodian is
required in pleadings, briefs, argumeots, 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
5Protective Agreement - INT-G-19-07
submitted to thc 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 "A".
7. Summarv of Record
If deemed necessary by the Commission, the providing parties shall prepare a written
summary of the Confidential Information refened to in Orders to be issued to the public and the
parties.
8. Return or Destruction of Confidenlial Information
(a) Upon rcquest of the providing party, all original documents and copies of the
Confidential Information shall be: (l) returned to the providing party; or (2) or at the oprion 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 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 rcview 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. Staffs use and disclosure of the Confidential Information in a
later Commission proceeding shall be subject to any protective agrcement signed in the
subsequent proceeding.
(c) Any notes maintained by a recipient of Confidential Information which embody
or reflect any of the Confidential lnformation 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.
9. Effective Date
This Protective Agreement shall become effective on the date hereof.
Protective Agreement - INT-G- I 9-07 6
DATED this gtut day of February 2020.
INTERMOUNTAIN GAS COMPANY
By:
Preston N. Carter
Givens Pursley, LLP
Attonrcys Representing lntermountain Gas Company
IDAHO PI,'BLIC UTILITIES COMMISSION STAIIT
By:
Hammond
Attomey General
Public Utilities Commission
331 W. Chinden Blvd., Bldg.8, Suite 201-A
Boise, lD 83713
Attoncy Representing
ldatro Public Utililies Commission Staff
7Protoctive Agreement - INT-G-19{7
DATEDmTI 5l3 dayofFcbm ryZOZO,
II{T&NMOI'NTAIN GAS COMPANY
Byr ,P
Pngoa N. Cnncr
OhansPunlay.IJf
Attomays Reprcsanting tnrermomuin 6ar Cornpony
IDAHO PUBLIC UITTrIIES OOMMISSION Sf,AFr
By;
]lammond
Allorrcy Gencrsl
Pubtlc Utilitics Conmhrion
I W.Chindm Blvd., Btdg. E,SuiEmt-A
Eolsc ID 837t3
Attomcy Reprerenting
I&ho PuHic Utilitics Cqnmirdon Suff
7Protectivc Agrecrnoot - INT-O- 19.07
DATED this It4 day of February 202A.
INTERMOI'NTAIN GAS COMPAI\IY
By:
Preston N. Carter
Givens Purcley, LLP
Attomeys Representing Intermountain Gas Company
IDAHO PUBLIC UTILITIES COMMISSION STAFF
By:
John R Hammond Jr.
Deputy Attorney General
Idaho Public Utilities Commission
I l33l W. Chinden Blvd., Bldg. E, Suite 201-A
Boise,lD 83713
Attorney Representing
ldaho Public Utilities Commission Staff
IDAHO CONSERVATION LEAGIIE
By:
By:
J. Otto
Attorney Reprcsenting the Idaho Conservation League
Mat$erv A. Nykiel
Idatro Conservation League
7Protective Agreement - INT-G-I 9-07
DATED ,no .f, fr day ol'February 2020.
INTERMOUNTA]N GAS COMPANY
By:
Pn:ston N. Cartcr
Givcns Pursley, LLP
Altomeys Representing lntermountain Gas Compony
IDAHO PUBLIC UTILITIES COMMISSTON STAFF
By:
John R. Hammond Jr.
Deputy Attorney General
ldaho Public Utilities Commission
ll33l W. Chinden Blvd., Bldg. E, Suitc 201-A
Boisc, ID E3713
Attorney Reprcsenting
ldaho Public Utilities Commission Staff
IDAHO CONSERVATION LEAGUE
By:
Benjamin J. Olto
Attomey Represenring the ldaho Conservation League
By:
A
ldaho Conservation League
7Protective Agreemenl - INT-G- I 9-07
EXH1311..ar
I have reviewed the foregoing Protective Agreement dated February 5, 202Q in Case No. INT-G-|9-
07 and agrce to bc bound by the terms and conditions of such Agrcenrcnt.
Public Utilities Commissinn
Employer or Firm
I t??t w r-h;Blvd Srrire ?Ol-A ID R??I4
Business Address
Commi-ssion Staff
Keyt
Pany
Date
Protective Agreement - INT-G- I 9-07
EXHIBII ..A''I
EXHIBIT "A'
I havc revicwed the forcgoing Protective Agreement dated February 5,2020, in Case No. INT-G-!9-
07 and agree to be bound by the terms and conditions of such Agreement.
Johan Kalala-Kasanda
Public Utilities Commission
Employer or Firm
I l33l W. Chinden Blvd.. Suite 201-4. Boise.ID 83714
Business Addrcss
Commission Stnff
Party
,c 7 ia9,o
Date
Protective Agreement - tNT-G-l 9-07
EXHIBIT *A'I
EXIilBIT "A''
I have rcviewed the foregoing Protetive Agrecnrent dared February 5,2020, in Case No. INT-G-!9-
07 and agree to be bound by the terms and conditions of such Agrcement.
Mike
Puhlic I lti Commission
Employer or Firm
I l33l W. Chinden Blvd.. Suite 20t-A. Boise.ID 83714
Business Address
Pany
4
Date
Protective Agreement - INT-G- I 9-07
EXHIBIT'A'8
EXHIBIT "A''
I have rcviewed the forcgoing Protective Agreenrcnt dated February 5,2O2O, in Cose No. INT-G-|9-
07 and agree to be bound by the terms and conditions of such Agrcement.
Terri Carlock
Public Utilities Comrnission
Employer or Firm
I l33l W. Chinden Blvd.. Suite 201-A. Boise.ID 83714
Business Address
Commiscinn Staff
Party
tltlaoao
Datd
Protective Agrcement - INT-G-19-07
EXHIBIT "A'
o
8