20060926Motion to protect trade secret.pdf

Heinz Frozen Food Company RECEIVED
Affiliate of H. J, Heinz Company
tJ1!!Ia
O. Box 10
175 N.E. 6th Avenue
2006 SEP 26 AM 8: 24 Ontario, Oregon 97914
September 22, 4Q~~O PUbLIC Telephone: [phone]
UTILITIES COMMISSION FAX: [phone]
Idaho Public Utilities Commission
O. Box 83720
Boise, Idaho 83720-0074
Re:Motion to Protect Trade Secret and Confidential Information
of a Non-Party in Case No. IPC-06-
D~ar Sir or Madam:
: ," ... ::
Ear.1ier this w~ek, H. J. Heinz Company, LP., ("Heinz'?) was notified by Idaho
Power Company thati~fQrmatiol).,: materiais coITespqnd~n~~ al1~ data f~()m Heinz
relating to a possible combined heat and powerfacility ("CHP"at Heinz s Ontario
Oregon factory site (the "Possible' ProJect") would be releasea by Idaho Power to the
Industrial Customers of Idaho Power ("ICI.?"), which have petitioned to intervene in the
above-captioned case. Heinz objects to providing ICIP with such information concerning
the Possible Project.
Information about the Possible Project is sensitive propriety commercial
information of Heinz which should not be provided to the ICIP, which includes direct
competitors of Heinz. Information provided by Heinz to Idaho Power relating to the
Possible Project includes information about Heinz s factory requirements, projected
growth and cost efficiencies, all of which is highly sensitive information.
When Heinz disclosed this information to Idaho Power it was subject to a mutual
understanding that such submissions would be maintained as confidential and not
disclosed to direct competitors or others of the public. In fact, such disclosures of
sensitive, propriety information about Heinz s plans and costs, at the Qntario facility to
, ,
directcQmpetitor~ w~mld be in violatiori,ofFederala~d State,lawsgovernipg, antitrust
unfair competition and unlawful disclosure of trade secrets. .Failure to honor the
' ,
~s6nabie exp~~tahons of Heinz for confidentialitY of it~ sensitive propriety.commercial
infom1ati9n. would also .be to the detrimeJ1t of the public at large, who have an 'l~t~r.est in
providing Idaho Power Company with confidential information about projected futUre
energy needs and plans.
The prejudice to Heinz in providing sensitive propriety information to ICIP
should be evaluated in light of its negligible or no value to ICIP in relation to its
Idaho Public Utilities Commission
Page two
September 22 , 2006
intervention in the above-captioned case. Heinz has not made any final decision to
undertake the Possible Project and a project of this nature could be initiated by any Idaho
Power customer at any time. The potential for energy savings by Idaho Power customers
through CHP may be explored without having data regarding a particular proposed
project which mayor may not proceed, and if it proceeds, could have an entirely different
character then as outlined in the sensitive propriety information of Heinz in the files of
Idaho Power.
Additionally, Heinz is not persuaded by restrictions on the extent or breadth of the
disclosures to ICIP. Such restrictions do not alloy Heinz s legitimate commercial
concerns nor the antitrust, unfair competition or trade secret law problems posed by
disclosure.
In summary, Heinz requests that the Idaho Public Utilities Commission and Idaho
Power Company withhold all information received from Heinz with respect to the
Possible Project as the potential violation of antitrust, unfair competition and trade secret
laws and damage to Heinz s legitimate commercial interests is substantial and the benefit
to ICIP in its intervention in the above-captioned case is very small and probably non-
existent.
Respectfully,
H. 1. Heinz Company, LP.
By:
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Name: ad ,B Kf'l./
ver
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Its: Sf', AC/r. ct1Q,'t1ee.r.'
Cc:
Donovan E. Walker
472 W. Washington Street
O. Box 83720
Boise, Idaho 83720
Monica Moen
Idaho Power Company
O. Box 70
Boise, Idaho 83707