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Home My WebLink About20200924Protective Agreement.pdfii{ {l I lvss :;;*:L* ll+ &S *: tr8 &ir*ffdt ,:qti t- i f' a1 .. rilElrtr;- 1.._*t :- r,:tlitliu PROTECTIVE AGRBEMENT BETWEEN INTERMOUNTAIN GAS COMPANY AND IDAIIO PUBLIC UTILITIES COMN{ISSION STAFF This Protective Agreement is entered into this 2"d day of September, 2020 by Intermountain Gas Company ("[ntermountain Gas') and the Idaho Public Utilities Commission ("PUC"), and other parties as applicable (collectively, "Parties"). Recitals: l. WHEREAS, Intermountain Gas and Staff of the Idaho Public Utilities Commission (hereinafter "staff) anticipate that Intermountain Gas will provide to Staff certain information that Intermountain Gas considers to be of a tade secret, privileged or confidential as definod in IdahoCodegg 74-107 throughT4-l09and48-801 andCriticalEnergylnfrastructurelnformation under 1 8 CFR $ 388. 1 l 3 ("Confidential lnformation"). 2. WHEREAS, Intermountain Gas has previously provided suchConfidential Information to Staff by way of DVDs or hard copies with a cover letter indicating its confidential nature. Due to advances in technology andthe currentCOVID-I9 pandemic, the Parties now agree that it is preferable for Intermountain Gas to provide suchConfidential Informationto Staff in digital form using a confidential Sharepoint website and hereby establish a new Protective Agreement for that mode of tansmission. 3. WHEREAS, the Public Utility Commission Rule of Procedure6T.O[ authorizesParties to enter into protective agreements to facilitate and safeguard Confidential Information. 4. WHEREAS, Intermountain Gas and the Staff agree that entering into a Protective Agreement will expedite the provision of information, protect the security of the Confidential Information, and providethe Parties with parameters forthe provision anduse of Confidential Information. It is agreed as follows: 1. (a) Confidential Information Documents , data, informatioq studies and other materials provided to Staff regarding Intermountain Gas's pipeline infrastructure, natural gas facilities, and certainother information regardingpurchased gas is consideredby Intermountain Gas to be Confidential Information. PRoTECTIVE AGREEMENT, INTERMOUNTAIN GAS, CONFIDENTIAL SHAREPOINT - I Confidential Information also includes any notes, summarieg or other information preparod by Staff that reflects information regarding this information. (b) Protection of Confidential Information Access to and review of Confidential Information shall be controlled by the terms of this Agreement. Unless otherwise ordered by the PUC or a court, or required by governmental agencies with regulatory authority over pipelines, public utilities, or other relevant issues, Confidential Information shall remain protected under this Agreement and shall not be disclosed to individuals who have not signed the nondisclosure agreement set forth as Exhibit A to this Agreement. (c) Use of Conlidential Information All persons who are afforded access to any Confidential Information by reason ofthis Agreement shall not use nor disclose the Confidential Information for any purpose other than the business of the Staff, and then solely as contemplated hereiq and shall make all reasonable efforts to keep the Confidential Information secure as trade secret, confidential, or proprietary information. (d)Persons Entitled to Review Access to the Confidential Information shall be limited to Staff who have executed a nondisclosureagreement set forth in ExhibitA to this Agreement. (e) Access to Confidential Information Intermountain Gas shall provide the Confidential Information to Staffusing a confidential sharepoint site. Confidential lnformation shall be accessed only by password- protected computers. Confidential Information may not be tansferred to or accessd on any personal computer. If Staff finds it necessary to print any Confide,ntial lnformation, Staff shall do so only on printers located at the PUC. Any printed Confidential Information will be shredded or otherwise deshoyed as soon as it is no longer necessary to maintain in printed form. (0 Non-disclosureAqreement Confidential tnformation shall not be disclosed to any personwho has not signed Exhibit A. PROTECTIVE AGREEMENT, INTERMoUNTAIN GAS, CoNFIDENTIAL SHAREPoINT - 2 2. Copies; Transmission by Email No copies or tanscriptions of the Confidential Information shall be made. The Parties understand that the PUC's computer system may automatically create backup files of Staff s computers. Backup files created in the normal course of business are not considered "copies" under this Section. The Confidential Information shall not be sent by email unless such email is necessary to facilitate communication and is directed to a proper recipie,nt under this Agreement. 3. Public Reouests If there is a request by a member of the public to review the Confidential Information, the Staff will refer the request to Intermountain Gas at: Lori Blatfrrer Director, Regulatory Affairs Intermountain Gas Company 555 S. Cole Road Boise,LD83707 Staff shall not release any Confidential Informationuntil lntermountain Gas is provided the opportunity to confirm and assert the confidential nature of the information. 4. Deletion of Outdated Confidential Information Upon receipt of updated Confidential Information (as is anticipated to ocsur on a quarterly basis), the previously provided Confidential Information shall be permanently deleted or destroyed. 5. Execution Exhibit A Any Staff memberprovidod access to the Confidential Informationmust execute an Exhibit A 1) the first time they access the Confidential Information; and 2) the first time they access Confidential Information during each calendar year (i.e., in January of a new yem if they first receive Confide,ntial Information in January of that calendar year). The PUC will keep a record on file of all signed copies of Exhibit A and, upon request, Staff shall provide Intermountain Gas with a listof all Staff members whohaveaccessedConfidential Information together with the corresponding signed nondisclosure agreements in Exhibit A. 6. Effective Date This Protective Agreement shall become effective on the date hereof. PRoTECTIVE AGREEMENT, INTERMOUNTAIN GAS, CONFIDENTIAL SHAREPOINT - 3 DATED this Znd ol September 2020.day INTERMOUNTAIN GAS COMPANY flnhBbMBy Lori Blattrrer Director, Regulatory Affairs Intermountain Gas Company 555 S. Cole Road Boise,ID 83707 IDAHO PI'BLIC UTILITIES COMN{ISSION STATI' By r( Deputy Attomey General Idaho Publb Utilities Commission 11331 W. Chinden Blvd, BuiHing 8 Suite 201A PO Box 83720 Boise, ID 837204074 F> PRoTEcTIvE AGREBMENT, INTERMoUNTAIN GAs, CoNFIDENTIAL SHAREPoINT - 4 EXIIIBIT A I have reviewed the foregoing Protective Agreement dated September 2. 2020 and agree to be bound by the terms and conditions of such Agreement. Terri Carlock Public Utilities Commission EmployerorFirm I 1331 W. Chinden Blvd." Buildine 8. Suite 201-A Business Address Commission Staff Party Date PROTECTIVE ACREEMENT, INTERMOUNTAIN GAS, CONFIDENTIAL SHAREPOINT - 5 EXHIBIT A I have revierved the forcgoing Prctcctive Agreemcnt dated Seggnbgd*3@-and agrce to be bound by the terms ond conditions of such Agreement. Mike Miku. Louis Fpuc. idnho. jov Public Utilities Commission EmployerorFirm I l33l W. Chinden Blvd.-ldinr fl. Suitc 2Ol -A Business Address Commission Staff Party L 2-o zAt Date PROTECTIVE AOREEMENT, INTERMOUNTATN OAS, CONFIDENTIAL SIIAREPOINT - 6 EXHIBIT A I have rcviewed the forcgohg Protective Agreement dated September2.2020 and agree to be bound by the terms and conditions of such Agrcement, p. k<N4. i ilaAo-goy Public Utilities Commission EmployerorFirm I I33l W. Chinden Blvd-ildinp 8. Suite 201-A Business Addrcss llnmrniccinn Party oza te PnoTgcTIve AGREEMENT, INTERMoUNTAIN GAs, CoNFIDENTTAL SHAREPoINT . 7 afiT- G-- A0"6 EXHIBIT A t have rcvicwed the foregoing Protective Agreemenl dated September 2. ?020 and agrec to be bound by the terms and conditions of such Agreement. Curtis Thaden Public Utilities Commission Ernployer or Firm I I ?11 W Chinden Blvd-- B ildino R Srrite ?O I -A Business Address Commission Staff Party ?- 3'eCIAo Date Email: Curtis.Thaden@puc.idaho. gov PROTECflVE ACREEMENT, INTERMOUNTAIN GAS, CONnDENTIAL SHAREIOINT - 8 EXHIBIT A I have reviewed the foregoing Protective Agreement dated Sg$CmlSAlJQ2[and agree to be bound by the terms and conditions of such Agreement. Rick Public Utilities Commission EmployerorFirm I l33l W. Chinden Blvd..8. Suite 2ol -A Business Address Commission Staff Party () Date Email : Rick. Kel ler @ptrc. idaho. gov PRoTECTIVE AGREEMENT, INTERMOUh*TAIN GAS, CONFIDENTIAL SHAREPOINT - 9 EXIIIBTTA I have rcvbwed the forcping Protective Agreement dated September 2, 2020 and agrce to be bound by the terms and conditbns of such Agreemetrt. Johan Kalala-Kasanda hrblic I ltilitiec Commissirrn EmployerorFirm I l33l W. Chinden Blvd- Buildine 8. Suitc 201-A Business Address Cnmmissinn Strff Party r/*(a, Date EMAIL : Johan.Kalala-Kasanda@puc.idaho.gov PROTECTI VE AGREEMENT. INTERMOUNTUN GAS, CONFIDENTIAL SHAREPOTNT - I O EXHIBIT A I have reviewed the fbregoing Protective Agreement dated September 2. 2020 and agree to be bound by the terms and conditions of such Agreement. Dona, E^Al;<\g Vn",iddh*3.v Puhlic I ltilities Commission Employer or Firm I t?1t w ahi Blvd Brrildins 8 Suite 20t-A Business Address Commission Staff Party 1'z- 2.ozo Date PROTECTIVE, Acnnp,uNNt, INTERMoUNTAIN GAS, CONFIDENTIAL SHAREPoINT - 1 I