ORDER NO. 97-188

ENTERED MAY 23 1997

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

UM 844

On May 14, 1997, the Staff of the Oregon Public Utility Commission (Staff) requested that a Protective Order be issued in this proceeding pursuant to OAR 860-012-0035(1)(k). Staff states that the material included within the scope of discovery in this proceeding contains confidential and proprietary information.

The information subject to disclosure in this proceeding will include confidential cost data similar to that produced in PUC dockets UM 351 and UM 773. Unprotected disclosure of this information could result in significant economic harm. Accordingly, I find that good cause exists to issue the Standard Protective Order, attached as Appendix A. Under the terms of that order, a party may designate as confidential any information it believes falls within the scope of ORCP 36(C)(7). Once designated as confidential, the information may be disclosed only to "qualified persons" associated with parties that have agreed to be bound by the terms of the protective order by signing the signatory page set forth in Appendix B.

Paragraph 3 of the protective order establishes two categories of "qualified persons." The first category, set forth in subsections (a) through (d), include the authors of the confidential material, the Commission or its Staff, and counsel of record for a party or persons directly employed by counsel. This group of persons is entitled to review confidential information without the need to give notice to the party desiring confidentiality or execute an additional statement agreeing to be bound by the terms of the order. As noted above, however, a party must sign the signatory page before anyone associated with the party, including its counsel, may review the confidential material.

Subsections (e) through (g) of Paragraph 3 set forth the second category of qualified persons. These include unaffiliated party experts, persons approved by the party desiring confidentiality, and persons designated as qualified by Commission order. As a prerequisite to gaining access to confidential information, this second category of qualified persons must execute a consent to be bound. Prior to disclosing confidential information to an unaffiliated expert, the party requesting the information must notify the party desiring confidentiality. See Paragraphs 7 and 8.

Paragraph 9 describes the procedures when a party desires to disclose information to person who is not qualified under Paragraph 3. In such circumstances, the party must request permission from the party desiring confidentiality and provide certain information, including the identity of the unqualified person and the specific reasons why disclosure is necessary. If the party desiring confidentially fails or refuses to grant the request, the party seeking disclosure may file a motion with the Commission to qualify the person.

All persons who are given access to confidential information have the duty to monitor their conduct to ensure compliance with the Protective Order. Such persons shall not use or disclose the information for any purpose other than preparing for and conducting of this proceeding, and shall take all reasonable precautions to keep the confidential information secure.

ORDER

IT IS ORDERED that the Standard Protective Order, attached as Appendix A, shall govern the disclosure of confidential information in this case. For each item produced under the protective order, the disclosing party shall differentiate confidential matter from non-confidential matter. In addition, the protective order shall include the following provisions:

(a) Any physical media containing computer software that are delivered to a party pursuant to a discovery request and that are designated confidential shall be returned to the designating party at the conclusion of the litigation. The party receiving the media shall sign a certificate affirming that the programming on the media has been erased from any storage facility internal to such party’s own computer facilities, and

(b) Any verbal descriptions of internal features of any models designated confidential pursuant to the protective order shall also be considered trade secrets subject to the protective order.

Parties agreeing to be bound by the terms of the protective order shall sign the signatory page attached as Appendix B.

Made, entered and effective ____________________________ .

____________________________

Samuel Petrillo

Administrative Law Judge

This order may be appealed to the Commission pursuant to OAR 860-014-0091. The appeal should be in the form of a motion. See OAR 860-013-0031.