20080919Application.pdf

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VI OVERNIGHT DELIVERY
RECEIVED
Z0Ø's£P 19 AM 10: 1t3
LOAHO PUBLIC
UTIUTieS COMMISSION
201 South Main, Suite 2300
Salt Lake City, Utah 84111
September 19,2008
Jean D. Jewell
Commssion Secreta
Idaho Public Utilities Commssion
472 W. Washington
Boise, il 83702
Re: Case No. PAC-E-08-07
In the Matter of the Application of Rocky Mountain Power for Approval of Changes to
its Electrc Service Schedules and a Price Increase of$5.9 Milion, or 4.0 Percent.
Dear Ms. Jewell:
Please fid enclosed for filing an original and nie copies of Rocky Mountai Power's
Application in the above-referenced matter, along with nine copies ofPacifiCorp's direct
testimony and exhbits. Also enclosed are a CD contanig the Application, sumar of
testimony, direct testimony and exhibits, a separate CD containing non-confdential workpapers,
and a Confdential CD containig confdential workpapers. To the attention of the Cour
Reporter is a paper copy of all documents along with a CD containing all testimony and exhbits
in their original formats.
Exhbit Nos. 1,3,8,9 and confdential Exhbit No. 19 are only available in pdf format.
All formal correspondence and regarding ths Application should be addressed to:
Ted Weston
Rocky Mountain Power
201 South Main, Suite 2300
Salt Lake City, Uta 841 1 1
Telephone: [phone]
Fax: [phone]
Email: ted.westonaYpacificorp.com
Danel Solander
Rocky Mounta Power
201 South Main Street, Suite 2300
Salt Lake City, Utah 84111
Telephone: [phone]
Fax: [phone]
Email: DanieL.solanderaYpacificorp.com
It e
Communcations regarding discovery matters, including data requests issued to Rocky Mountain
Power, should be addressed to the followig:
By E-mail (preferred):
By Fax:
By reguar mail:
dataequestaYpacificorp.com
[phone]
Data Request Response Center
PacifiCorp
825 NE Multnomah St., Suite 2000
Portland, OR 97232
Informal inquies may be directed to Ted Weston, Idaho Regulatory Manager at (801) 220-
2963.
Very try yours,~l¿,~
Jeffey K. Larsen
Vice President, Regulation
cc: Service List
Enclosures
L.J.T,c.)
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CERTIFICATE OF SERVICE
I hereby certify that on ths 19th day of September, 2008, I caused to be served, via
overnght delivery, a tre and correct copy of Rocky Mountain Power's Application for
Approval of Changes to It's Electrc Service Schedules and a Price Increase of$5.9
Milion, or 4.0 Percent in PAC-E-08-07 to the following:
Eric L. Olsen
Racine, Olson, Nye, Budge & Bailey,
Charered
201 E. Center
P.O. Box 1391
Pocatello,ID 83204-1391
E-Mail: eloaYracinelaw.net
Randall C. Budge
Racine, Olson, Nye, Budge & Bailey,
Charered
201 E. Center
P.O. Box 1391
Pocatello,ID 83204-1391
E-Mail: rcbaYracinelaw.net
Tim Buller
Agrum, Inc.
3010 Conda Road
Soda Springs, ID 83276
E-Mail: tbulleraYagrum.com ~.
e
Danel E. Solander
Yvonne R. Hogle
Rocky Mounta Power
201 South Main Street, Suite 2300
Salt Lake City, Uta 84111
Telephone: [phone]
Fax: [phone]
Email: daneL.solanderaYpacificorp.com
yvonne.hogleaYpacificorp.com
Attorney for Rocky Mountain Power
e
RECElVEO
noSEPI9 AM 10: "..
iDAHO PUBLIC
UTILITieS COMMISSION
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE
APPLICATION OF ROCKY
MOUNTAIN POWER FOR
APPROVAL OF CHANGES TO ITS
ELECTRIC SERVICE SCHEDULES
AN A PRICE INCREASE OF $5.9
MILION, OR 4.0 PERCENT.
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)
)
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CASE NO. PAC-E-08-07
APPLICATION OF
ROCKY MOUNTAIN POWER
Rocky Mountain Power, a division of PacifiCorp ("Rocky Mounta Power" or the
"Company") hereby applies to the Commission for approval of proposed changes to the
Company's electrc service schedules submitted herewith. In support of ths Application,
Rocky Mountain Power states as follows:
1. Rocky Mountain Power is authorized to do and is doing business in the state
ofIdao. The Company provides retail electrc servce to approximately 69,000 customers in
the state of Idao and is subject to the jursdiction of the Commission.
APPLICATION OF ROCKY MOUNTAIN POWER Page 1
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2. Communcations regarding ths Application should be addressed to:
Ted Weston
201 South Main, Suite 2300
Salt Lake City, Uta 84111
Telephone: [phone]
Fax: [phone]
Email: ted.westonaYpacificorp.com
and to:
Danel E. Solander
201 South Main, Suite 2300
Salt Lake City, Uta 841 1 1
Telephone: [phone]
Fax: [phone]
Email: danieL.solanderaYpacificorp.com
In addition, the Company respectfully requests that all data requests regarding ths matter be
addressed to one or more of the following:
Bye-mail (preferred)
By regular mail
dataeguestaYpacificorp.com
Data Request Response Center
PacifiCorp
825 NE Multnomah, Suite 2000
Portland, OR 97232
3. Rocky Mountain Power's proposed revised taff schedules, which are filed
with ths Application, would result in a net increase of $5.9 milion, or 4.0 percent, in prices
for the Company's Idaho retal customers, excluding Monsanto and Agrum taff contrct
service. The revised tarff schedules reflect a proposed effective date of October 19, 2008.
4. This proposed increase is based upon normalized results of operations for the
test period ending December 31, 2007, with known and measurable changes. These
normalized test period results show that the Company is curently earg a normalized
retu on equity ("ROE") of 6.5 percent in its Idaho jursdiction. Ths curnt ROE is far
below the Company's curently authorized retu, the retus recently authorized for other
Idaho investor-owned utilties, and the 10.75 percent ROE supported by the Company's
APPLICATION OF ROCKY MOUNTAIN POWER Page 2
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testimony fied with ths Application. An overall price increase of $ 1 9.4 millon would be
required to produce the 10.75 percent ROE requested by the Company in this proceeding. As
noted the Company is only requesting $5.9 milion in ths application, the request is reduced
for two reasons. First, the rate mitigation cap as stipulated and approved by the Commission
in Case No. PAC-E-02-03 reduces the request by $3.1 millon. Second, pursuat to the
stipulation approved in Case No. PAC-E-07-05 the Company is not seeking to increase rates
for taff schedules 400 and 401 in ths application. The stipulation calls for taff rates for
these two contracts in Idaho to be adjusted Janua 1, 2009 and 2010, and the Company
agreed to not make fuer adjustments to rates for those contracts effective prior to Januar
1, 2011. This fuher reduces the rate request by $10.4 millon. Without the requested
increase in revenues, it will be increasingly difficult for the Company to maintain its utilty
infastrctue and continue to provide adequate, effcient, just and reasonable service to its
Idaho customers.
5. Rocky Mounta Power's direct case consists of the testimony and exhbits of
ten witnesses. Below is a brief sumar of their testimony.
(a) A. Richard Walje, president, Rocky Mountan Power, will present an
overvew of the Company's case, describe the major capita investment the
Company is making to serve its customers, the cost control efforts to
miniize rate impact on customers, and provide the context for the testimony
of the other witnesses.
(b) Samuel C. Hadaway, FINANCO, Inc., will testify in support of the
Company's ROE. He will also describe the unque operational risks that
Rocky Mounta Power faces and why the Commssion should authorie a
ROE tht will account for Rocky Mounta Power's higher risks and
operating challenges. Dr. Hadaway's analysis suggests a cost of equity for the
Company of 10.75 percent.
APPLICATION OF ROCKY MOUNTAIN POWER Page 3
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(c) Bruce N. Wiliams, vice president and treasurer, will testify in support of the
Company's cost of debt, preferred stock and capita strctue.
(d) Brian S. Dickman, reguatory manager, will testify in support of the
Company's results of operations for the test period ending December 31,
2007, and will discuss the normalizg adjustments made to the results. Mr.
Dickman will also support the Company's proposed inter-jursdictional cost
allocation.
(e) Gregory N. Duvall, director, long range plang and net power costs, will
testify in support of the Company's net power costs. Mr. Duvall will also
describe the Company's production cost model and explain how input data is
normalized.
(f) A. Robert Lasich, president, PacifiCorp Energy, will testify in support of the
Company's major new generation resource acquisitions, and will provide
investment information on and prudence justification for these items,
including the increased generation related overhaul and maintenance expenses
for the test period.
(g) Stefan A. Bird, senior vice president, commercial and tring will testify in
support of the proposed Chehalis acquisition, including investment and
prudence information.
(h) Mark E. Tucker, reguatory analyst, will testify in support of the Company's
class cost of service study, which was used in developing the proposed
allocation of the revenue increase in this filing to the varous customer classes.
(i) Michael Zimerman reguatory consultat, pricing and cost of service, will
testify in support of the Company's rate spread and rate design proposals.
G) Jeffery W. Bumgarer, director of demand-side management, will testify
regarding the prudence of demand-side management programs in Idaho.
APPLICATION OF ROCKY MOUNTAI POWER Page 4
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6. Rocky Mountan Power is notifying its customers of ths Application by
means of a press release sent to local media organzations, messages on customer bils over
the course of a biling cycle, and, in some cases, personal contact with customers or their
representatives. In addition, copies of ths Application will be made available for review at
the Company's local offces in its Idaho service terrtory.
7. The Company respectfuly submits that the Commssion's approval of Rocky
Mountan Power's Application, including the approval and implementation of the proposed
electrc service schedules as filed, is in the public interest. In accordance with Commssion
Rule 121 (d), Rocky Mountain Power represents that it stads ready for immediate
consideration of this Application.
WHEREFORE, Rocky Mounta Power respectfly requests that the Commssion
issue a final order approving the Company's proposed electrc service schedules effective
October 19, 2008.
DATED this 19th day of September, 2008.
Respectfully submitted,
b~ 6. ~oJ 0(.,, (J:-rw)By
Danel E. Solander
Attorney for Rocky Mounta Power
APPLICATION OF ROCKY MOUNTAIN POWER Page 5
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Danel E. Solander
Yvonne R. Hogle
201 South Main Street, Suite 2300
Salt Lake City, Uta 841 1 1
Telephone No. [phone]
Facsimle No. [phone]
daniel.solanderaYpacificorp.com
yyonne.hogleaYpacificorp.com
RECE.IVEO
. SEP 19 AM 10= "5
IDAHO PUBUÇ
UTILITIES COMMisSION
Attorneys for Rocky Mountain Power
BEFORE THE IDAHO PUBLIC UTILITIES COMMSSION
IN THE MATTER OF THE APPLICATION OF
ROCKY MOUNTAIN POWER FOR APPROVAL
OF CHANGES TO ITS ELECTRIC SERVICE
SCHEDULES AND A PRICE INCREASE OF $5.9
MILLION, OR 4.0 PERCENT
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)
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)
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CASE NO. PAC-E-08-07
PETITION FOR CONFIDENTIAL TREATMENT
AND PROTECTIV ORDER
Rocky Mountain Power, pursuat to Idao Public Utilties Commssion Rule of
Procedure IDAPA 31.01.01.067 and Rule 26(c) of the Idao Rules of Civil Procedure, hereby
submits its petition for confidential treatment and a protective order to the Idao Public Utilties
Commission ("Commission") requesting the Commission issue a protective order designed to
govern the exchange and treatment of information identified by a par as confdential durg the
course of ths above-captioned proceeding. In support of its petition, Rocky Mountan Power
states as follows:
1. Rocky Mountain Power anticipates that it will be necessar for the paries to this
proceeding to exchange information tht may be deemed by a par to be trade secret,
commercially sensitive, confdential business inormation, or inormation that is otherwse
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sensitive in natue such that the disclosure of the information would jeopardize the interests of
the par that has been requested to disclose the inormation, and the unimited disclosure of
which could result in economic or other har to the disclosing par.
2. In order to faciltate a full and timely review of the application to increase retal
electrc service rates by the Commission, Rocky Mountain Power requests that the Commssion
approve, for use in this proceeding, a protective order in the form attched hereto as Exhbit A, to
faciltate the exchange of confdential information among the parties under terms and conditions
that assure the confidential information will not be improperly used or disclosed.
3. The testimony of Stefan A. Bird and accompanying Exhbit No. 19 fied with the
Application together with Exhbit No. 13 associated with the testimony of Brian S. Dickman and
Exhibit No. 15 and workpapers associated with the testimony of Gregory N. Duvall contain
confdential information and trade secrets relating to the Chehalis gas plant acquisition that
would jeopardize the interests of Rocky Mountain Power and could cause economic or other
har if it were disclosed. Accordingly, Rocky Mounta Power requests that the Commission
consider those documents Confdential and treat them in accordance with the proposed protective
order. Whle there is presently no pending request for confdential information from any of the
paries to ths proceeding, it is anticipated tht such requests will be made in the near futue and,
as a result, the company has filed ths petition so as not to delay the disclosure or exchange of
inormation when such a request is in fact made.
4. This petition is filed pursuat to Idaho Public Utilities Commission Rule of
Procedure IDAPA 31.01.01.067 and Rule 26(c) of the Idaho Rules of Civil Procedure, which
authorize the Commission, upon a showing of good cause, to deem confdential information fied
with the Commission or in the custody of the Commission or its staff and to issue a protective
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order governg the disclosure and treatment of the confdential information.
5. Rocky Mountan Power fuer submits that it is anticipated that paries to ths
proceedig will request the disclosure or exchange of certin inormation tht will jeopardize the
interests and cause irreparable injur to the company because the information is either protected
by contractul obligations or is sensitive to the natue of the company's business. For instace,
the company anticipates that paries to ths proceeding will request the disclosure of the
information relied upon by the company in preparg some of its economic forecasts. The
disclosure of this information is presently prohibited by the company's contract with its vendor
who supplies the information to the company, and the company is prohibited from disclosing this
information uness it obtains pre-approval from the vendor and a sufcient confidentiality
agreement or protective order is in place to protect fuher disclosure of the inormation. It is
also anticipated that paries to ths proceeding will request the disclosure of certin forecast
pricing data the disclosure of which would result in an undue advantage to competitors and
others who may be interested in forecast pricing, and therefore, for the protection of the
company's customers, requires a high level of confdential treatment by the company. As such,
Rocky Mountan Power requests that the Commission issue a protective order to govern the
treatment of information designated by a pary as confdentiaL.
Atthed hereto as Exhibit A is a proposed protective order that Rocky Mountan Power requests
that the Commssion issue. Rocky Mountain Power submits that the attched form of protective
order is appropriate for protecting the interests of all paries to ths proceeding, and requests that
the Commission issue the proposed protective order to govern the treatment of inormation
designated by a pary to this proceeding as confdentiaL.
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WHEREFORE, Rocky Mountan Power respectfully requests the following:
1. That the Commssion approve Rocky Mountan Power's petition.
2. That the Commission issue a protective order in substatially the same form as
the proposed protective order attched hereto as Exhbit A.
DATED this 19th day of September 2008.
Respectfly submitted,
ROCKY MOUNTAIN POWER
1)~ €'. &ki. L.JT. w.)
Danel E. Solander
Yvonne R. Hogle
201 South Main Street, Suite 2300
Salt Lake City, Uta 84111
Telephone No. [phone]
Facsimile No. [phone]
danel.solanderaYpacificorp.com
yyonne.hogleaYpacificorp.com
Attorneys for Rocky Mountain Power
e e
IN THE MATTER OF THE APPLICATION OF )
ROCKY MOUNTAIN POWER FOR )
APPROV AL OF CHANGES TO ITS )
ELECTRIC SERVICE SCHEDULES AND A )
PRICE INCREASE OF $5.9 MILLION, OR 4.0 )PERCENT )
)
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSIONRECElVEO
288;SEP 19 AM 101..6
IDAHO PUBLIC
UTILITlES COMMISSION
CASE NO. PAC-E-08-07
AFFIDAVIT OF DANIEL E. SOLANDER
I, Daniel E. Solander, being duly sworn on oath, depose and say:
1. I am an attorney representing Rocky Mountain Power in the above-captioned
proceeding.
2. The testimony of Stefan A. Bird and accompanying exhibits filed with the
Application, together with Exhibit No. 15 and workpapers associated with the
testimony of Gregory N. Duvall contain confidential information and trade secrets
relating to the Chehalis gas plant acquisition that would jeopardize the interests of
Rocky Mountain Power and its customers and could cause economic or other
har if it were disclosed.
3. Rocky Mountain Power requests that the Commission consider those documents
Confidential and treat them in accordance with the proposed protective order.
Furher affiant sayeth not.
State of Utah )
) ss
County of Salt Lake )
On the I k1lay of K, 200p8, the above appeared before me and signed this
affidavit.
NOTARY PULIC~il ~ SUZANNE W. MANGEL
.L\~ 201 S. Main St.. St.. 23
': Saft Lak. Cit. Utah 84111
æ ,., My Commillo Expes
'. e.. .,. April 9, 2012
STATE OF UTAH
~Jtìt~
SUZ e W. Mangel
Notar Public
e e
-BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION-
)
IN THE MATTER OF THE APPLICATION )
OF ROCKY MOUNTAIN POWER FOR )
APPROVAL OF CHANGES TO ITS)
ELECTRIC SERVICE SCHEDULES AND A )
PRICE INCREASE OF $5.9 MILLION, OR )4.0 PERCENT )
)
CASE NO. PAC-E-08-07
PROTECTIVE ORDER
ISSUED:
By the Commission:
On September i 5th, 2008, Rocky Mountain Power submitted a Motion for Protective
Order in the above-entitled proceeding. The Commission finds that sufficient grounds exist for
entry of a protective order.
NOW, THEREFORE, IT IS HEREBY ORDERED, that:
i. (A) Confidential Information. All documents, data, information, studies and other
materials furnished, or made available pursuant to any interrogatories, or requests for
information, subpoenas, depositions, or other modes of discovery that are claimed by the paries
to be of a trade secret or confidential nature shall be furnished pursuant to the terms of this
Order, and shall be treated by all persons accorded access thereto pursuant to this Order as
constituting trade secret, confidential commercial, or otherwise protected information
(hereinafter referred to as "Confidential Information"), and shall neither be used nor disclosed
except for the purpose of this proceeding, and solely in accordance with this Order. All materal
claimed to be Confidential Information shall be so marked by the party or its affiliates by
stamping the same with the designation, "CONFIDENTIAL - - SUBJECT TO
PROTECTIVE ORDER" or "CONFIDENTIAL - - SUBJECT TO PROTECTIVE ORDER
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CASE NO. PAC-E-08-07
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IN CASE NO. PAC-E-08-07." All copies of documents so marked wil be made on yellow
paper. Parties filing electronically should file both a confidential and non-confidential version
clearly marked as such. For purposes hereof, any notes made pertaining to or as the result of a
review of Confidential Information shall also be considered Confidential Information and subject
to the terms ofthis Order.
(B) Use of Confidential Information and Persons Entitled to Review. All
Confidential Information made available pursuant to this Order shall be given solely to counsel
for the parties (including counsels' paralegals, administrative assistants and clerical staff to the
extent necessary for performance of work on this matter), which shall include the Commission
and its Staff ("Commission"), and shall not be used nor disclosed except for the purpose of this
proceeding; provided, however, that access to any specific Confidential Information may be
authorized by counsel, solely for the purpose of this proceeding, to those persons indicated by
the paries as being their experts in this matter (including such experts' administrative assistants
and clerical staff, and persons employed by the paries, to the extent necessary for performance
of work on this matter). However, persons designated as experts shall not include persons
employed by the parties who could use the information in their normal job functions to the
competitive disadvantage of the party providing the Confidential Information. Any member of
the Commission or its Staff may have access to any Confidential Information made available
pursuant to this Order and shall be bound by the terms of this Order, except for the requirement
of signing a nondisclosure agreement. Further, nothing herein shall prevent disclosure as
required by law pursuant to interrogatories, administrative requests for information or
documents, subpoena, civil investigative demand or similar process, provided, however, that the
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CASE NO. P AC-E-08-07
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party being required to disclose Confidential Information shall promptly give prior notice by
telephone and written notice of such requirement of disclosure by facsimile and overnight mail to
the pary that provided such Confidential Information, addressed to the attorneys of record for
such party, so that the party that provided the Confidential Information may seek an appropriate
protective order. The disclosing party wil not oppose action by, and wil cooperate with the
party that provided the Confidential Information to obtain an appropriate protective order or
other reliable assurance that confidential treatment wil be accorded that Confidential
Information.
(C) Nondisclosure Agreement. Prior to giving access to Confidential Information,
as contemplated in paragraph i (B) above, to counselor any expert designated to testify in this
proceeding, counsel for the pary seeking review of the Confidential Information shall deliver a
copy of this Order to such person and, prior to disclosure such person shall agree in writing to
comply with and be bound by this Order. Confidential Information shall not be disclosed to any
person who has not signed a Nondisclosure Agreement in the form which is attached hereto and
incorporated herein as Appendix A. The Nondisclosure Agreement (Appendix A) shall require
the person to whom disclosure is to be made to read a copy of this Protective Order 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, and the
name of the party with whom the signatory is associated. Such agreement shall be delivered to
counsel for the providing pary prior to the expert gaining access to the Confidential Information.
(D) Additional protective measures. A provider of documents and information
may claim that additional protective measures, beyond those required under this Protective
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CASE NO.PAC-E-08-07
-4-
Order, are warranted for certain confidential material, referred to as highly sensitive documents
and information. In such case, the provider shall identify such documents and information and
shall inform the requester of such documents and information of their claimed highly sensitive
nature as soon as possible. The provider of the requested information shall also petition the
Commission for an order granting additional protective measures, which the petitioner believes
are warranted for the claimed highly sensitive documents and information that is to be produced
in response to an information request. The provider shall set forth the particular basis for: the
claim, the need for the specific, additional protective measures, and the reasonableness of the
requested, additional protection. A pary who would otherwise receive the documents and
information under the terms of this Protective Order may respond to the petition and oppose or
propose alternative protective measures to those requested by the provider of the claimed highly
sensitive documents and information. Disputes between the parties shall be resolved pursuant to
Commission Order pursuant to Paragraph 2 of this Protective Order.
2. (A) Challenge to Confidentiality or Proposed Additional Protective Measures.
This Order establishes a procedure for the expeditious handling of Confidential Information; it
shall not be construed as an agreement, or ruling on the confidentiality of any document.
(B) In the event that the paries hereto are unable to agree that certain documents,
data, information, studies, or other matters constitute Confidential Information, are highly
sensitive documents and information referred to in paragraph i (D) above, or agree on the
appropriate treatment of highly sensitive documents and information, the pary objecting to the
classification as Confidential Information or the pary claiming highly sensitive documents and
information and the need for additional protective measures shall forthwith submit the said
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CASE NO. PAC-E-08-07
-5-
matters to the Commission for its review pursuant to this Order. When the Commission rules on
the question of whether any documents, data, information, studies, or other matters submitted to
them for review and determination are Confidential Information, are highly sensitive documents
and information, or the appropriate additional protection to be afforded for specific highly
sensitive documents and information, the Commission wil enter an order resolving the issue.
(C) Any party at any time upon ten (10) days prior notice may seek by appropriate
pleading, to have documents that have been designated as Confidential Information, or which
were accepted into the sealed record in accordance with this Order, removed from the protective
requirements of this Order, or from the sealed record and placed in the public record. If the
confidential or proprietary nature of this information is challenged, resolution of the issue shall
be made by the Commission after proceedings in camera, which shall be conducted under
circumstances such that only those persons duly authorized hereunder to have access to such
confidential matter shall be present. The record of such in camera hearings shall be marked
"CONFIDENTIAL - - SUBJECT TO PROTECTIVE ORDER IN CASE NO. PAC-E-08-
07." It shall be transcribed only upon agreement by the parties, or Order of the Commission, and
in that event shall be separately bound, segregated, sealed, and withheld from inspection by any
person not bound by the terms of this Order, unless and until released from the restrictions of this
Order, either through agreement of the paries, or after notice to the parties and hearng, pursuant
to an Order of the Commission. In the event the Commission should rule in response to such a
pleading that any information should be removed from the protective requirements of this Order,
or from the protection of the sealed record, such Order of the Commission shall not be effective
for a period often (10) days after entr ofthe Order.
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CASE NO. PAC-E-08-07
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3. (A) Receipt into Evidence. Provision is hereby made for receipt of evidence in
this proceeding under seaL. At least ten (10) days prior to the use of or substantive reference to
any Confidential Information as evidence, the party intending to use such Confidential
Information shall make that intention known to the providing pary. The requesting party and the
providing pary shall make a good faith effort to reach an agreement so that the information can
be used in a manner that wil not reveal its trade secret, confidential or proprietary nature. If
such efforts fail, the providing party shall separately identify, within five (5) business days,
which portions, if any, of the documents to be offered or referenced on the record containing
Confidential Information shall be placed in the sealed record. Only one (1) copy of documents
designated by the providing party to be placed in the sealed record shall be made and only for
that purpose. Otherwise, paries shall make only general references to Confidential Information
in these proceedings.
(B) SeaL. While in the custody of the Commission, these materials shall be
marked "CONFIDENTIAL - - SUBJECT TO PROTECTIVE ORDER IN CASE NO. PAC-
E-08-07," and due to their nature they shall not be considered as records in the possession of or
retained by the Commission within the meaning of the open meetings or public records statutes.
(C) In Camera Hearing. Any Confidential Information that must be orally
disclosed to be placed in the sealed record in this proceeding shall be offered in an in camera
hearing, attended only by persons authorized to have access to the Confidential Information
under this Order. Similarly, cross-examination on or substantive reference to Confidential
Information, as well as that portion of the record containing references thereto, shall be marked
and treated as provided herein.
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CASE NO. PAC-E-08-07
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(D) AppeaL. Sealed portions of the record in this proceeding may be forwarded to
any court of competent jurisdiction on appeal in accordance with applicable rules and
regulations, but under seal as designated herein, for the information and use of the court.
(E) Return. Unless otherwise ordered, Confidential Information, including
transcripts of any depositions to which a claim of confidentiality is made, shall remain under
seal, shall continue to be subject to the protective requirements of this Order, and shall be
returned to counsel for the providing party within 30 days after final settlement, or conclusion of
this matter including administrative, or judicial review thereof. Alternatively, a party receiving
Confidential Information pursuant to the terms of the Order may certify, within 30 days after
final settlement, or conclusion of this matter including administrative, or judicial review thereof,
that the Confidential Information has been destroyed. Counsel who are provided access to
Confidential Information pursuant to the terms of this Order may retain their notes, work papers
or other documents that would be considered the attorneys' work product created with respect to
their use and access to Confidential Information in this docket. An expert witness, accorded
access to Confidential Information pursuant to this Order, shall provide to counsel for the party
on whose behalf the expert was retained or employed, the expert's notes, work papers or other
documents pertaining or relating to any Confidential Information. Counsel shall retain these
expert's documents with counsel's documents. In order to facilitate their ongoing regulatory
responsibility, this paragraph shall not apply to the Commission or its Staff, which may retain
Confidential Information obtained under this Order subject to the other terms of this Order. The
providing party shall be notified in advance by any state regulatory agency which intends to use,
release or disclose any of the retained Confidential Information in any subsequent case.
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CASE NO. PAC-E-08-07
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4. Use in Pleadings. Where reference to Confidential Information in the sealed
record is required in pleadings, cross-examinations, briefs, arguments, or motions, it shall be by
citation of title, or exhibit number, or by some other nonconfidential description. Any further
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 under seaL. This sealed section shall
be served only on counsel of record (one copy each), who have signed a Nondisclosure
Agreement. All the protections afforded in this order apply to materials prepared and distrbuted
under this paragraph.
5. (A) Use in Decisions and Orders. The Commission wil attempt to refer to
Confidential Information in only a general or conclusionary form and wil avoid reproduction in
any decision of Confidential Information to the greatest possible extent. If it is necessar for a
determination in this proceeding to discuss Confidential Information other than in a general or
conclusionary form, it shall be placed in a separate section of this Order, or Decision, under seaL.
This sealed section shall be served only on counsel of record (one copy each) who have signed a
Nondisclosure Agreement. Counsel for other paries shall receive the cover sheet to the sealed
portion and may review the sealed portion on file with the Commission once they have signed a
Nondisclosure Agreement.
6. Segregation of Files. Those pars of any writing, depositions reduced to wrting,
written examination, interrogatories and answers thereto, or other written references to
Confidential Information in the course of discovery, if fied with the Commission, wil be sealed
by the Commission, segregated in the files of the Commission, and withheld from inspection by
any person not bound by the terms of this Order, unless such Confidential Information is released
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from the restrctions of this Order, either through agreement of the paries, or after notice to the
paries and hearing, pursuant to the Order of the Commission and/or final order of a court having
jurisdiction.
7. Preservation of Confidentiality. All persons who may be entitled to receive, or
who are afforded access to any Confidential Information by reason of this Order shall neither
use, nor disclose the Confidential Information for purposes of business or competition, or any
other purpose other than the purposes of preparation for and conduct of this proceeding, and then
solely as contemplated herein, and shall take reasonable precautions to keep the Confidential
Information secure in accordance with the purposes and intent of this Order.
8. Reservation of Rights. The parties hereto affected by the terms of this Protective
Order further retain the right to question, challenge, and object to the admissibility of any and all
data, information, studies and other matters furnished under the terms of this Protective Order in
response to interrogatories, requests for information, other modes of discovery, or cross-
examination on the grounds of relevancy or materiality. This Order shall in no way constitute
any waiver of the rights of any party to contest any assertion by a party, or finding by the
Commission that any information is a trade secret, confidential, or privileged, and to appeal any
assertion or finding.
9. The provisions of this Order are specifically intended to apply to data, or
information supplied by or from any pary to this proceeding, and any non-pary that supplies
documents pursuant to process issued by this Commission.
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DATED at Boise, Idaho this day of
e
,2008.
APPENDIX A
-- PROTECTIVE ORDER--
CASE NO. PAC-E-08-07
I have reviewed the Protective Order entered by the Idaho Public Utilties
Commission in Case No. PAC-E-08-07 with respect to the review and use of confidential
information and agree to comply with the terms and conditions of the protective order.
Signature
Name (type or print)
Residence Address
Employer or Firm
Business Address
Party Represented
Date Signed