20090123Attorney's Certificate.pdf

DAVID J. MEYER
VICE PRESIDENT AND CHIEF COUNSEL OF
REGULATORY & GOVERNENTAL AFFAIRS
AVISTA CORPORATION
P.O. BOX 3727
1411 EAST MISSION AVENUE
SPOKANE, WASHINGTON 99220-3727
TELEPHONE: ( 509 ) 495 - 4 316FACSIMILE: [phone]
2009 JAN 23 PM 12: 28
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF AVISTA CORPORATION FOR THE
AUTHORITY TO INCREASE ITS RATES
AND CHARGES FOR ELECTRIC AND
NATURAL GAS SERVICE TO ELECTRIC
AND NATURAL GAS CUSTOMERS IN
OF IDAHO
CASE NO. AVU-E-09-01
CASE NO. AVU-G-09-01
ATTORNEY'S CERTIFICATE
CLAIM OF
CONFIDENTIALITY
RELATING TO PORTIONS
OF AVISTA'S WORK PAPERS
FOR AVISTA CORPORATION
1 I, David J. Meyer, represent Avista Corporation. I am
2 vice President and General Counsel, Regulatory and
3 Governmental Affairs for Avista Corporation (~Avista" or
4 ~Company") and I am appearing on its behalf in this
5 proceeding.
6 I make this certification and claim of confidentiality
7 pursuant to IDAPA 31.01.01 because Avista, through its
8 supporting workpapers, is disclosing certain information
9 that is CONFIDENTIAL and constitutes TRADE SECRETS as defined
10 by Idaho Code Section 9-340 and 48-801 and protected under
11 IDAPA 31.01.01.067 and 31.01.01.233.
12 The printed information Avista provides will, as
13 required under IDAPA Rule 67, be marked as ~CONFIDENTIAL,"
14 will be reproduced ~on any colored paper other than white, "
15 and will be provided under separate cover. The electronic
16 information Avista provides will be reproduced separately on
17 a compact disk (CD) and will also be marked as CONFIDENTIAL.
18 The confidential information that Avista is disclosing
19 can be classified into two basic categories: 1) information
20 pertaining to contract prices, terms and conditions, and 2)
21 certain results providing detailed information on the
22 Company's load and resource positions by month.
ATTORNEY'S CERTIICATE - 2
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Avista herein asserts that the aforementioned
information is confidential in that: 1) the contract
information is prohibited, by the contract terms, from public
disclosure, and 2) making the load and resource information
public will give entities access to competitive information
on future operating plans and market purchase requirements
and Avista believes the information could be used to
disadvantage its customers.
I am of the opinion that this information is
~CONFIDENTIAL," as defined by Idaho Code Sections 9-340D and
48-801, should therefore be protected from public inspection,
examination and copying, and should be utilized only in
accordance wi th the terms of the PROTECTIVE AGREEMENT BETWEEN
AVISTA CORPORATION AND IDAHO PUBLIC UTILITIES COMMISSION
STAFF.
RESPECTFULLY SUBMITTED this 22nd day of January, 2009
a/ii
David J. Meyer
Vice President and Chief Counsel of
Regulatory & Governmental Affairs
Avista Corporation
ATTORNY'S CERTIFICATE - 2