HomeMy WebLinkAboutNondisclosure Agreement with Idaho Power for Transmission or Generation of System DocumentationIPC CHI No:
NONDISCLOSURE AGREEMENT
REGARDING USE OF IDAHO POWER
TRANSMISSION OR GENERATION
SYSTEM DOCUMENTATION
(For Non-CElI)
(1) Idaho Power hereby agrees to provide Recipient
ETVEP for purposes of planned infrastructure.
(2) Recipient shall communicate to Recipient
employees granted access to the ETVEP that the
ETVEP shall not be distributed to any individual
that is not a Recipient employee.
City of Meridian ("Recipient") has requested
Eastern Treasure Valley Electrical Plan ("ETVEP")
from Idaho Power Company ("Idaho Power").
The requested ETVEP contains non-public
information about Idaho Power's transmission or
generation system. Idaho Power generally does not
make such information available, consistent with
certain regulatory and security concerns.
Idaho Power does, however, release information
and related materials like those included in the
ETVEP on a case-by-case basis, and generally only
when the following conditions are met: (1) the
recipient has a compelling reason to obtain the
information; (2) the recipient is not in a position to
use the infonnation for commercial gain relative to
other Idaho Power customers; (3) the information
released to the recipient contains no Critical Energy
Infrastructure Information ("CE[I"), as defined in
section 388.112 of the regulations of the Federal
Energy Regulatory Commission ("FERC"), 18 C.F.R.
§ 388.112 (2007); (4) the information released to the
recipient contains no Critical Infrastructure Protection
("CIP") information, as defined in FERC's mandatory
reliability standazds; ~ and (5) Idaho Power has reason
to believe that the recipient will comply with the
conditions attached to the receipt of the information,
to be established on a case-by-case basis (and set
forth below regarding Recipient's access to this
information).
Idaho Power believes that all of these conditions
set forth above regarding the release of this
infonnation to Recipient are satisfied.
NOW, TI~IEREFORE, in consideration ofthe
mutual covenants contained herein, Idaho Power and
Recipient agree as follows:
(3) If any third party requests access to the ETVEP,
Recipient shall take commercially appropriate
measures to protect the information contained in
the ETVEP from disclosure to such third party.
Recipient shall promptly inform Idaho Power of
any third party request for access to the ETVEP,
and allow Idaho Power to assist in the protection
of the ETVEP.
(4) Recipient shall promptly disclose to Idaho
Power any actual or suspected use or release of
the ETVEP that is not consistent with this
agreement.
(5) Recipient acknowledges and agrees that Idaho
Power does not wanant the information attd data
provided under this Agreement in any way. The
information and data is provided "as is" without
any warranties. Any use of any kind or any
changes of any kind to the information and data
will beat Recipient's sole risk, and without
liability, risk or legal exposure to Idaho Power,
i[ employees, officers, affiliates, and agents.
Recipient and any other person or entity using
the data and infonnation agree to release and, to
the fullest extent permitted by law, indemnify,
hold harmless and defend Idaho Power, its
employees, officers, affiliates, and agents from,
for, and against any and all claims, demands,
losses, expenses, damages, penalties and
liabilities of any kind, including but not limited
to attorneys' fees, arising out of or relating in
any way to such use of or change to the,
information or data.
(6) Idaho Power retains the right to terminate this
agreement at any time, in which case Recipient
shall be required to return the ETVEP to Idaho
Power, including any and all copies or
reproductions of the ETVEP.
~ SeeManda[oryReliabfliryStandardsforCritica! (Signature page immediately follows)
lnfras[ruclnre Pra[ec[ion, 120 FERC ¶ 61,077 (2007)
(Notice of Proposed Rulemaking).
IPC NDA (non-CEII) LGL 116 (3!23112)
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BY PLACING MY SIGNATURE HEREUNDER, I
ACKNOWLEDGE THAT [HAVE READ ALL THE
PROVISIONS OF THIS AGREEMENT AND THAT
I AGREE TO ALL OF ITS TERMS.
CITY OF MERIDIAN
J
By: /
~ sO'~
Name:
Title: ~~,~„~-(~..
Date: ~'{ - 2.Z - I
IDAHO POWER COMPANY
By
Name: ~JLbfc~(a 1 TGLhSC~l~
Title: ~~ ~ r~Alttt~ne ~uw~Pr
Date: __ y' ~0 - ZO/
IPC NpA (non-CEII) LGL 116 (315/12)
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