Sanctions For Failure To Obey Order Compelling Discovery (Rule 232)

The Commission may impose all sanctions recognized by the Public Utilities Law for failure to comply with an order compelling discovery. (3-31-22) 233. ASSERTIONS THAT DISCOVERED MATERIAL IS PROTECTED FROM PUBLIC INSPECTIONS -- PROCEDURES (RULE 233). 01. Assertion of Protection. Whenever any party to a discovery request believes that material otherwise discoverable is protected by statute or rule of law from inspection, examination or copying by the general public, the attorney for the party asserting the material is protected by law from inspection, examination or copying must state that the answer or some portion of it is protected, citing the specific statute or other legal authority for that position. The attorney’s assertion constitutes a representation that the attorney is familiar with the material claimed not to be available for public inspection, examination and copying and in good faith believes there is a basis in law for that claim. (3-31-22) 02. Procedures. When an answer contains material, some of which is protected by law from public inspection, examination, and copying and some of which is not, the protected material must be reproduced on yellow paper and separated from material available for public review. Each page of the material exempt from public review must be marked “Trade Secrets” or “Confidential.” All material exempt from public review shall be filed with the Commission Secretary and served on all parties under seal pursuant to Rule 229. Material exempt from public review 5 or Accountant, Di 5 Accountant, Di ABC Company ABC Company IDAHO ADMINISTRATIVE CODE IDAPA 31.01.01 Public Utilities Commission Rules of Procedure of the Idaho PUC Section 234 Page 38 shall be separately stored in a secure location with limited access and safeguarded from unauthorized disclosure. All material for which no assertion of protection against public inspection, examination and copying is made will be placed in files available for public inspection. (3-31-22) 234. ASSERTION OF RIGHT AGAINST SELF-INCRIMINATION DURING DISCOVERY -- IMMUNITY (RULE 234). 01. Assertion of Right. During discovery any person may assert the right not to testify or not to produce documents upon the ground that the testimony or production of documents may tend to incriminate or subject them to penalty or forfeiture. (3-31-22) 02. Granting of Immunity. The Commission or any Commissioner may direct that person to testify or produce documents by written order or upon the record at hearing. In such case, that person shall not be prosecuted, punished or subjected to any forfeiture or penalty for or on account of any act, transaction, matter or thing concerning which they shall under oath have testified or produced documentary evidence: provided, that no person so testifying shall be exempt from prosecution or punishment for any perjury committed in that testimony. (3-31-22) 03. No Immunity Without Assertion of Right. No immunity is granted under this rule or under Section 61-606, Idaho Code, absent of a specific assertion of the persons’ rights under Section 61-606, Idaho Code, and the Commission’s or a Commissioner’s written order or direction on the record at hearing compelling the person to testify or produce written documents and immunizing the person from prosecution, punishment, forfeiture or penalty according to this rule and Section 61-606, Idaho Code. No immunity granted under this rule or Section 61- 606, Idaho Code, shall extend to any public utility. (3-31-22) 235. -- 240. (RESERVED) HEARINGS – MISCELLANEOUS PROCEDURE (Rules 241-260)