20180509Protective Agreement.pdf

NTCIIVED
[fil3liiY -9 PH 3: 32
ii1 iliiilLlC
s rliil,lL'liSSl0N
This Protective Agreement is entered into this 30th day of March 2018 by Idaho Power
Company ("ldaho Power") and the Idaho Public Utilities Commission (Staf|, and other parties as
applicable.
Recitals:
1. WHEREAS, Idaho Power and the Idaho 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 secret, privileged or
confidential nature (as defined in ldaho Code $$ 74-107 through 74-109 and 48-801).
2. WHEREAS, Idaho Power and the undersigned parties agree that entering into a
Protective Agreement will expedite the production ofdocuments; will afford the necessary protection
to Idaho Power's and the undersigned parties' employees and/or representatives in Case No. GNR-U-
l8-01 who might review the information and subsequently be reouested 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, now therefore,
IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS:
1. (a) Confidential Information
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, that are claimed to be of trade secret, proprietary or confidential nature (herein referred
to as "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. 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 31.01.01.233.
PROTECTIVE AGREEMENT
BETWEEN
IDAHO POWER COMPANY AND
IDAHO PUBLIC UTILITIES COMMISSION STAFF
(AND OTHER PARTIES AS APPLICABLE)
CASE NO. GNR-U-l8-OI
I il i,i
l llir-
PROTECTIVE AGREEMENT - I
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. Challenee to Confidentialitv
(a) Initial Challense
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.
(b) Subsequent Challenee
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 an 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) Challense Hearins
The challenging party shall request that the Commission conductan 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 maTked "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.
PROTECTIVE AGREEMENT - 3
(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. 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 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) Anpeal
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 ofthe 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 portion of
the sealed record has been designated by the appealing party as necessary to the record on appeal.
6. Use in Plcadues
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
,.Arr.
PROTECTIVE AGREEMENT - 5
DATED this 30th day of March 2018
IDAHO POWER COMPANY
By:
D. Nordstrom
Idaho Power Company
l22l West Idaho Street
Boise, Idaho 83702
Attorney Representing Idaho Power Company
IDAHO PUBLIC UTILITIES COMMISSION STAFF
By
Karl Klein
Deputy Attorney General
Idaho Public Utilities Commission
472 West Washington
Boise, Idaho 83702
Attorney Representing the
Idaho Public Utilities Commission Staff
PROTECTIVE AGREEMENT - 7
DATED this 30th day of March 2018
IDAHO POWER COMPANY
By
D. Nordstrom
ldaho Power Company
l22l West ldaho Street
Boise, Idaho 83702
Attorney Representing Idaho Power Company
IDAHO PUBI,IC UTILITIES COMMISSION STAFF
By:// / /c qHur
Karl Klein
Deputy Attomey General
Idaho Public Utilities Commission
472West Washington
Boise, Idaho 83702
Attorney Representing the
ldaho Public Utilities Commission Staff
PROTEC'TIVE ACREEMENT - 7
DATED this 30e day of March 2018.
INDUSTRIAL CUSTOMERS OT IDAIIO POWER
Peter
By:
Attomey Representing the Industrial Customers of Idaho
Power
PROTECTIVE AGREEMENT - 8
EXHIBIT ('A'
I have reviewed the foregoing Protective Agreement dated March 30, 2018, in Case No.
GNR-U-18-01 and agree to be bound by the terms and conditions of such Agreement.
It, fu*t
?.U*J5* lYJ..^t 3LLL (,nt
Employer or Firrn
5r5 0\r, ,fl& J+,,6& ,fr t?1d7-'
Business Address
2c{(
Party
il"*A b,ruf
Date
EXHIBIT *A"
EXHIBIT ..A"
I have reviewed the foregoing Protective Agreement dated this 30th day of March 2018 in
Case No. GNR-U- I 8-01 and agree to be bound by the terms and conditions of such Agreement.
tN.t 'at
IDAHO PUBLIC UTILITIES COMMISSION
Employer or Firm
472W. WAS HINGTON STREET. BOISE. IDAHO 83702
Business Address
COMMISSION STAFF
Party
Date
EXHIBIT ..A"
I have reviewed the foregoing Protective Agreement dated this 3Oth day of March 2018 in
Case No. GNR-U-18-01 and agree to be bound by the terms and conditions of such Agreement.
BENTLEY WURM
IDAHO PI IRI,IC T ITII,ITIF',COMMISSION
Employer or Firm
WASHINGTON
Business Address
COMMISSION STAFF
Party
/7
Date
EXHIBIT (A''
I have reviewed the foregoing Protective Agreement dated this 3Oth day of March 2018 in
Case No. GNR-U-18-01 and agree to be bound by the terms and conditions of such Agreement.
BRAD LONG
IDAHO PUBLIC COMMISSION
Employer or Firm
472 W. WASHINGTON STREET. BOISE. IDAHO 83702
Business Address
COMMISSION STAFF
Party
,t /tf t{
Date
ry
EXHIBIT "A'
I have reviewed the foregoing Protective Agreement dated this 30ft day of March 2018 in
Case No. GNR-U-I8-01 and agree to be bound terms and conditions of such Agreement.
DONN
IDAHO PUBLIC UTILITIES COMMISSION
Employer or Firm
472 W. WASHINGTON STREET. BOISE. IDAHO 83702
Business Address
COMMISSION S AFF
Party
/'3'' /f
Date
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this 30th day of March 2018 in
Case No. GNR-U-I8-01 and agree to be bound by the terms and conditions of such Agreement.
JOHAN KALALA-KASANDA
IDAHO PUBLIC UTILITIES COMMISSION
Employer or Firm
472 W. WASHTNGLON STREE-|, BOISE,IDAHO g3lg2
Business Address
COMMISSION STAF'F
Party
als(un
Date
EXHIBIT'OA"
I have reviewed the foregoing Protective Agreement dated this 30th day of March 2018 in
Case No. GNR-U-18-01 and agree to be bound by the terms and conditions of such Agreement.
JOHN NO
IDAHO PUBLIC COMMISSION
Employer or Firm
472 W. WASHINGTON STREET. BOISE. IDAHO 83702
Business Address
COMMISSION STAFF
Party
3, ?_n (&
Date
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this 3Oth day of March 2018 in
Case No. GNR-U-I8-01 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. IDAHO 83702
Business Address
COMMISSION STAFF
Party
Ll 2-Lo l<
J
EXHIBIT ..A'
I have reviewed the foregoing Protective Agreement dated this 30e day of March 2018 in
Case No. GNR-U-I8-01 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. IDAHO 83702
Business Address
COMMISSION STAFF
Party
4 )ar I
Date
I have reviewed the foregoing Protective Agreement dated this 30th day of March 2018 in
Case No. GNR-U-I8-01 and agree to be bound by the terms and conditions of such Agreement.
C
MIKE LOUIS
IDAHO PUBLIC UTILITIE CO]\4]\4ISST ON
Employer or Firm
COMMISSION STAFF
Party
L-
Date
EXHIBIT ..A"
472 W. WASHINGTON STREET. BOISE. IDAHO 83702
Business Address
EXHIBIT "A''
I have reviewed the foregoing Protective Agreement dated this 30th day of March 2018 in
Case No. GNR-U-18-01 and agree to be bound by the terms and conditions of such Agreement.
J-r." (.on )ndrc,
TERRI CARLOCK
IDAHO PUBLIC UTILITIES COMMISSION
Employer or Firm
4
Business Address
COMMISSION STAFF
BO
Party
Date
a(e i
I