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Home My WebLink About20051031Confidentiality certificate.pdfTHE LAW OFFICE OF PAINE, HAMBLEN , COFFIN , BROOKE & MILLER LLP R. Blair Strong Partner Ms. Jean Jewell Commission Secretary Idaho Public Utilities Commission 472 W. Washington Boise, ill 83702-5983 Re: 717 WEST SPRAGUE AVENUE SUITE 1200 SPOKANE, WASHINGTON 99201-3505 (509) 455-6000 FAX: (509) 838-0007 www.painehamblen.com , ,...... ''::" , 0""0 , ...., . i..r" ""'" ._..-" ', "'-' ry' , "-- '... h' " 'i ' , ..", ..",'.',::, i'i /,.:. '::,. ... ..," (:r) (=' i ,. ::,""'~ '-~.. -:rJ October 27, 2005 :::.:;;.CC'.r~- NU) C"' . . U) ' -J -"",.....- Via Federal Express Thompson River Co-Gen, LLC vs. A vista Corporation Idaho Public Utilities Commission Case No.: A VU-O5- Dear Ms. Jewell: Enclosed please find for filing an original and seven copies of Certificate and Claim of Confidentiality Relating to A vista s Response to First Production Request of Staff in the above referenced matter. Please conform and return our copy in the self-addressed, stamped envelope provided. Should you have any questions , please do not hesitate to contact our office. I:\Spodocs\11150\O4161\Itr\OO355557.WPD Enclosures Very truly yours PAINE, HAMBLEN, COFFIN BROOKE & MILLER LLP )3 Ia.:r --;7 /\ R. Blair Strong Limited Liability PartnershiP Offices in Spokane. Coeur d' Alene. Kennewick David 1. Meyer Vice President and Chief Counsel for Regulatory & Governmental Affairs A vista Corporation 1411 E. Mission Avenue, MSC- PO Box 3727 Spokane, VVA 99220-3727 (509) 495-4316 CC:EI\lED ' " ;-'- "'" , L ~j -,'\:, CLo :;~ 8 Pr:l \2= t 1 " ". ' ....;' "; ,, , d , : ~'~ ~;" " ('c:.IOI'i \LI ,~L~:) L,Uf'JoJ BEFORE THE IDAHO PUBLIC UTILITIES COJ\1MISSION THOMPSON RIVER CO-GEN, a Colorado Company, Complainant vs. VISTA CORPORATION, a VV ashington Corporation Respondent. ) CASE NO. AVU-05- CERTIFICATE AND CLAIM OF CONFIDENTIALITY RELATING TO ) AVISTA'S RESPONSE TO FIRST ) PRODUCTION REQUEST OF STAFF David 1. Meyer, represent A vista Corporation in this proceeding. I make this certification and claim of confidentiality pursuant to IDAP A 31.01.01.067 and 31.01.01.233. As a response to Staff Production Request No., A vista Corporation (" A vista" or "Company ) is disclosing pursuant to the Protective Agreement Between A vista Corporation and Idaho Public Utilities Commission Staff executable data input and output files related to AURORA software. The license agreement between A vista Corporation and EPIS Inc. represents that the AURORA software is the proprietary property and trade secret of CERTIFICATE AND CLAIM OF CONFIDENTIALITY- EPIS, Inc. and embodies substantial creative efforts and confidential information, ideas and expressions. A vista is authorized by the license agreement to operate the AURORA software subject to an obligation to keep such software confidential. Based upon the license agreement, I am of the opinion that the AURORA software is a "Trade Secret" as defined by Idaho Code Sections 9-340D and 48-801 and therefore is protected by law from public disclosure. am informed that embedded within the data files associated with the AURORA software are forecasted electric load estimates as measured over various duration of time, electric load shapes as measured over various durations of time, the Company s assumptions regarding forecasted fuel for obligations to purchase and sell electricity.I am also informed that such information represents a comprehensive compilation of the Company s competitive position in the electric energy market in western North America and would be extremely useful to competitive buyers and sellers of electric power in western North America. Further, I am informed that the information furnished as a response to Staff Production Request No.1 includes an AURORA model run, and attached results. Based on this information, I am of the opinion that the compilation in the response to Staff Production Request No.1 is a "Trade Secret" as defined by Idaho Code Sections 9-340D and 48-801 and, therefore is protected by law from public disclosure. In response to Staff Production Request Nos. 1 Avista is disclosing pursuant to the Protective Agreement Between A vista Corporation and Idaho Public Utilities Commission Staff forward price curve data for the months of January 2007 CERTIFICATE AND CLAIM OF CONFIDENTIALITY- 2 through December 2026 which is contained on computer diskettes ("Confidential Diskettes ) marked with the following: STAFF DR. NO. l(c) THE INFORMATION ON THIS DISKETTE IS CLAS SIFIED TRADE SECRET/PROPRIETARY AND IS PROTECTED UNDER IDAPA 31.01.01.067 AND 31.01.233. I am advised that contained within the Confidential Diskettes is a forward projection by Avista of future electric power prices for the forward months of January 2007 through December 2026. From such projection, it would be possible to derive A vista s methodology used to derive its projections of future power prices ("forward price curves ). Such would be extremely useful to competitive buyers and sellers of electric power in western North America who also develop their own proprietary forward price curves upon which, in part they base their buying and selling decisions. Based on this information, I am of the opinion that the compilation in the responses is a "Trade Secret" as defined by Idaho Code Sections 9-340D and 48-801 and, therefore is protected by law from public disclosure. The Company herein asserts that the foregoing executable data input and output files related to AURORA software contained on the Confidential Diskettes and the forward price curve information contained on the Confidential Diskettes are proprietary and confidential information and should be protected from public inspection, examination and copying, and should be utilized only in accordance with the terms of the PROTECTIVE AGREEMENT BETVVEEN AVISTA CORPORATION AND IDAHO PUBLIC UTILITIES COJ\1MISSION STAFF, entered on or about October 26 2005. CERTIFICATE AND CLAIM OF CONFIDENTIALITY- 3 f'it RESPECTFULLY SUBMITTED this day of October 26, 2005. /1/:1 Daviif'.M eyer Vice President, Chief Counsel For Regulatory and Governmental Affairs CERTIFICATE AND CLAIM OF CONFIDENTIALITY- 4 CERTIFICATE OF SERVICE STATE OF VVASHINGTON) : ss. County of Spokane R. BLAIR STRONG, being first duly sworn on oath, deposes and says: That I am now and at all times herein mentioned was a citizen of the United States and a resident of the State of VV ashington, , over the age of 18 years, not a party to this action; that on October 24, 2005, I personally caused to have served a copy of CERTIFICATE AND CLAIM OF CONFIDENTIALITY RELATING TO AVISTA' SUPPLEMENTAL RESPONSE TO STAFF PRODUCTION REQUEST NO.1 as follows in the above-entitled action: Jean Jewell S. Mail Commission Secretary Hand Delivery 472 W. Washington Facsimile Boise, ID 83702-5983 Federal Express Facsimile: 208-334-3762 Peter 1. Richardson, ISB# 3195 S. Mail Richardson & O'Leary PLLC Hand Delivery 515 N. 27th Street E-mail Boise, ID 83702 Federal Express Facsimile: 208-938-7904 Mike Uda S. Mail Doney, Crowley, Blumquist, Payne & Uda Hand Delivery Suite 200 Mail Diamond Block Overnight Mail Helena, MT 59601 Scott Woodbury S. Mail 47 West Washington Street Hand Delivery PO Box 83720 Mail Boise, Idaho 83720-0074 Federal Express R. Blair Strong S I ~~ :;~~~ RN TO before me this 24th day of September, 2005, ,!(i ::~::~ l\(\ ~~VILM \. PUB\.\t ./ ~ NOTARY PUBLIC in and for the State of \~" "~I\I. rz.\j~~. ~~ VV ashington, residing in Spokane. /"I ";'~~.".~~~ Commission Expires: -~S-- ,2tJ#l 1111 F W~~~ ,\\\ ""111 ifill \\ \\\ CERTIFICATE AND CLAIM OF CONFIDENTIALITY - 5