HomeMy WebLinkAbout20150623Protective Agreement.pdfPROTECTIVE AGREEMENT
BETWEEN
UNITED WATER IDAHO INC.
AIYD
IDAHO PUBLIC UTILITIES COMMISSION STAFF
(AND OTIIER PARTIES AS APPLICABLE)
cAsE NO. UWI-W-15-01
ii:i Il::!.-' ..a.P.r ..; ,l'., ,.; ;,ri ii.l:52
i
1... (
This Protective Agreement is entered into tnt I thay of June, 2015 by United Water
Idaho Inc., and the Idaho Public Utilities Commission (Staff), and other parties as applicable.
Recitals:
l. WHEREAS, United Water Idaho Inc. (hereinafter "United Water"), 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
$$ 9-340 and 48-801).
2. WIIEREAS, United Water and the undersigned parties agree that entering into a
Protective Agreement will expedite the production of documents; will afford the necessary
protection to United Water and the undersigned parties' employees and/or representatives in the
[proceeding] 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,
now therefore,
IT IS HEREBY STIPULATED AND AGREED AS F'OLLOWS:
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 lnformation") 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
PROTECTTVE AGREEMENT
protected by law from public disclosure and cite the specific legal authority to support the claim.
rDAPA 31.01.01,233.
@) Protection of Confidential Information
Access to and review of Confidential Information shall be strictly conholled 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."
(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 Ageement 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
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.
PROTECTIVE AGREEMENT
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 Agreernent.
3. Non-waiver of Obiection 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. Challense to Confidentialitv
(a) Initial Challenee
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) SubsequentChallenee
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 Agreernent. 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) Challenee Hearing
The challenglng party shall request that the Commission conduct an in camera
proceeding where only those persons duly authorizedto have access to such challenged materials
under this Protective Agteement 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
PROTECTTVE AGREEMENT
separately bound, segregated, sealed, and withheld from public inspection by any person not
bound by the terms of this 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 disclosure
pursuant to the Idaho Public Records Act (Idaho Code $$ 9-335, 9-337,9-340A). 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 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) 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.
@ One (1) copy of the used Confidential Information or substantive reference
to Confidential lnformation or substantive reference to Confidential
Information described in paragraph 5(a)(1) 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.
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) .Iz Carzera Hearins 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
Confi dential 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 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) 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. If a portion of the record is for-warded
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 trnformation shall be placed in a separate section of the pleading or brief and
PROTECTIVE AGREEMENT
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. Summarv of Record
If deemed necessary by the Commission, the providing parties shall prepare a written
swnmary of the Confidential Information referred to in Orders to be issued to the public and the
parties.
8. Return or Destruction of Conlidential Information
(a) Upon request 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 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 verifuing 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, ffiy member of Staff may review and use that copy of the
Confidential Information outside this proceeding while performing his or her duties as a Staff
member. Staffs use and disclosure of the Confidential 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 Agreement shall, upon request
of the providing party, be either retumed 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.
PROTECTTVE AGREEMENT
DATED this !V day of June,2Ol5.
UNITED WATER IDAHO INC.
McDevitt & Miller LLP
420W. Bannock Street
Boise,Idaho 83701
Attomeys Representing
United Water Idaho lnc.
IDAIIO
Idaho Public Utilities Commission
47 2 W est Washington Street
Boise, D 83702
Attomey Representing
Idaho Public Utilities Commission Staff
PUB UTILITIES COMM
Donald L. HoweII, II
PROTECTIVE AGREEMENT
EXHIBIT (.4"
I have reviewed the foregoing Protective Agreement dated this 18th day of June 2015 in
Case No. UWI-W-15-01 and agree to be bound by the terms and conditions of such Agreement.
Idaho Attorney General Office - Idaho PUC
Employer or Firm
472 W Washington Street. Boise. [D 83702
Business Address
Commission Staff
6l rrf t{
Date
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this lSth day of June 2015 in
Case No. UWI-W-15-01 and agree to be bound by the terms and conditions of such Agreement.
fi"",a, J/k
RANDY LOBB
IDAHO PUBLIC UTILITIES COMMISSION
Employer or Firm
472 W Washinston Street. Boise.ID 83702
Business Address
Commission Staff
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this l8th day of June 2015 in
Case No. UWI-W-15-01 and agree to be bound by the terms and conditions of such Agreement.
IDAHO PUBLIC UTILITIES COMMISSION
Employer or Firm
472 W Washineton Street. Boise.ID 83702
Business Address
Commission Staff
Party
L,;
EXIIIBIT "A"
I have reviewed the foregoing Protective Agreement dated this l8th day of June 2015 in
Case No. UWI-W-15-01 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. ID 83702
Business Address
Commission Staff
Party
EXHIBIT (A''
I have reviewed the foregoing Protective Agreement dated this 186 day of June 2015 in
Case No. UWI-W-15-01 and agree to be bound by the terms and conditions of such Agreement.
IDAHO PUBLIC UTILITIES COMMISSION
Employer or Firm
472 W Washinston Street. Boise. ID 83702
Business Address
Commission StafF
Parfy
Glts)aCtS
Date
TERRI CARLOCK
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this l8m day of June 2015 in
Case No, UWI-W-15-01 and agree to be bound by the terms and conditions of such Agreement.
IDAHO PUBLIC UTILITIES COMMISSION
Employer or Firm
472 W Washineton Street. Boise. ID 83702
Business Address
Commission Staff
PATRICIA HARMS
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this 18ft day of June 2015 in
Case No. UWI-W-15-01 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. ID 83702
Business Address
Commission Staff
Party
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this 18th day of June 2015 in
Case No. UWI-W-15-01 and agree to be bound by the terms and conditions of such Agreement.
IDAHO PUBLIC UTILITIES COMMISSION
Employer or Firm
472 W Washineton Street. Boise.ID 83702
Business Address
Commission Staff
Party
EXHIBIT "A''
I have reviewed the foregoing Protective Agreement dated this 18m day of June 2015 in
Case No. UWI-W-15-01 and agree to be bound by the terms and conditions of such Agreement.
IDAHO PUBLIC UTILITIES COMMISSION
Employer or Firm
472 W Washinpton Street. Boise. ID 83702
Business Address
Commission Staff
Party
K STERLING
EXHIBIT "A"
I have reviewed the foregoing Protective Agreement dated this 18ft day of June 2015 in
Case No. UWI-W-15-01 and agree to be bound by the terms and conditions of such Agreement.
IDAHO PUBLIC UTILITIES COMMISSION
Employer or Firm
472 W Washineton Street. Boise.ID 83702
Business Address
Commission Staff
Party
.-r,. /F 4 'r,l -Date
EXHIBIT *A'
I have reviewed the foregoing Protective Agreement dated this lSth day of June 2015 in
Case No. UWI-W-15-01 and agree to be bound by the terms and conditions of such Agreement.
IDAHO PUBLIC UTILITIES COMMISSTON
Employer or Firm
472 W Washineton Street. Boise. ID 83702
Business Address
Commission Staff
EXHIBIT "A'
I have reviewed the foregoing Protective Agreement dated this l Sth day of June 2015 in
Case No. UWI-W-I5-01 and agree to be bound by the terms and conditions of such Agreement.
lrL 6r**-Q-r
JOLEM BOSSARD
IDAHO PUBLIC UTILITIES COMMISSION
Employer or Firm
472 W Washineton Street. Boise. ID 83702
Business Address
Commission Staff
Party
//
Date /
EXHIBIT 6.A'
I have reviewed the foregoing Protective Agreement dated this lSth day of June 2015 in
Case No. UWI-W-I5-01 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. ID 83702
Business Address
Commission Staff
Party
CHRIS HECHT