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HomeMy WebLinkAboutPacific Gas Electric Company-Public Safety Power Shutoff Non-Disclosure and Mutual Assistance Agreement_A-19-272.pdf c°U��� Y Count of Fresno Hall of Records,Room 301 2281 Tulare Street Fresno,California ' Board of Supervisors 93721-2198 O� 1856 0 Telephone:(559)600-3529 FRESH Minute Order Toll Free: 1-800-742-1011 www.co,fresno.ca.us June 18, 2019 Present: 5- Chairman Nathan Magsig,Vice Chairman Buddy Mendes, Supervisor Steve Brandau, Supervisor Brian Pacheco, and Supervisor Sal Quintero Agenda No. 34.1 Administrative Office File ID: 19-0788 Re: Adopt and authorize Chairman to execute a Non-Disclosure and Mutual Assistance Agreement with Pacific Gas and Electric Company(PG&E)for access to Confidential Customer Information to carry out emergency service functions in response to a public emergency, effective upon execution; approve and authorize the Chairman to execute a Non-Disclosure Certificate with PG&E providing terms and restrictions safeguarding Confidential Customer Information;and, approve and authorize the Director of the Department of Public Health, or designee, and Department employees identified as having a need to access PG&E's secure data transfer portal to execute the Public Safety Power Shutoff Portal User Information Form APPROVED AS RECOMMENDED Ayes: 5- Magsig, Mendes, Brandau, Pacheco, and Quintero Agreement No. 19-272 County of Fresno Page 35 coU�� Board Agenda Item 34.1 o 18-6 o FRE`'� DATE: June 18, 2019 TO: Board of Supervisors SUBMITTED BY: Jean M. Rousseau, County Administrative Officer/ Emergency Services Director David Pomaville, Public Health Director/Assistant Emergency Services Director SUBJECT: Non-Disclosure Agreement and Mutual Assistance Agreement with PG&E RECOMMENDED ACTION(S): 1. Adopt and authorize Chairman to execute a Non-Disclosure and Mutual Assistance Agreement with Pacific Gas and Electric Company for access to Confidential Customer Information to carry out emergency service functions in response to a public emergency, effective upon execution; 2. Approve and authorize the Chairman to execute a Non-Disclosure Certificate with Pacific Gas and Electric Company providing terms and restrictions safeguarding Confidential Customer Information; and 3. Approve and authorize the Director of the Department of Public Health, or designee, and Department employees identified as having a need to access Pacific Gas and Electric Company's secure data transfer portal to execute the Public Safety Power Shutoff Portal User Information Form. Approval of the recommended actions will authorize access to Pacific Gas and Electric Company's (PG&E) secure data transfer portal to identified County employees to carry out emergency service functions in response to a public emergency. The recommended agreement will allow PG&E to provide information regarding the location of Medical Baseline customers on life support equipment and other critical essential non-residential PG&E customers during an emergency event. The access enhances response to evolving weather and potential fire hazards to vulnerable populations. This item is countywide. ALTERNATIVE ACTION(S): If your Board does not approve the recommended actions, the County will not be provided this additional resource during an emergency or power safety shutoff event. FISCAL IMPACT: There is no increase in Net County Cost associated with the recommended actions. PG&E will allow access to their web portal to a limited number of identified Department staff at no cost to the County upon execution of the Public Safety Power Shutoff Portal User Information Form. The system will be accessed remotely through the internet and does not require any Department staff time to coordinate or maintain the web portal. County of Fresno page 1 File Number.19-0788 File Number. 19-0788 DISCUSSION: Beginning with the 2019 wildfire season, as an additional precautionary measure to further reduce risks and keep customers and communities safe, PG&E expanded its Public Safety Power Shutoff(PSPS) program to include all electric lines that pass through high fire-threat areas- both distribution and transmission. While customers in high fire-threat areas are more likely to be affected, any of PG&E's more than five million electric customers could have their power shutoff if their community relies upon a line that passes through a high fire-threat area. PSPS is one component of the Community Wildfire Safety Program that PG&E has created a set of procedures for: • Monitoring fire danger conditions • Determining what combination of conditions necessitate turning off lines for safety • Identifying potentially impacted areas • Notifying customers, municipalities, agencies and critical facilities • Restoring power as quickly as possible once it is safe to do so If extreme fire danger conditions threaten a portion of the electric system serving a community, it may be necessary for PG&E to shutoff electricity in the interest of public safety. During an emergency event, the collection of data and geolocation (i.e. people, homes, or critical infrastructure) play a vital role in saving lives and protecting infrastructure. To help cities, counties, and emergency service providers prepare, PG&E is establishing a secure data transfer portal to provide event-specific maps and the number of customers, including medical baseline and critical facilities in the potentially impacted areas. This information will be provided in a secure PG&E web portal in advance of and during an event and will be specific to potential PSPS areas within the County. Along with providing electric and gas service to the residents of the County, PG&E is an important partner during a disaster or emergency event. The recommended agreement allows PG&E to release contact information to the County to support both PG&E utility and public emergency response services to such customers who may be subject to potential imminent threat to life or property or other emergency needs. The information is important and necessary in assuring an appropriate response to a potential long-term power outage. The proposed Non-Disclosure Certificate grants access to confidential customer information pursuant the terms and restrictions of the resolution. Identified employees would complete the Public Safety Power Shutoff Portal User Information Form. ATTACHMENTS INCLUDED AND/OR ON FILE: On file with Clerk- Non-Disclosure and Mutual Assistance Agreement On file with Clerk- Non-Disclosure Certificate On file with Clerk- Public Safety Power Shutoff Portal User Information Form CAO ANALYST: Sonia M. De La Rosa County of Fresno page 2 File Number:19-0788 Agreement No. 19-272 NON-DISCLOSURE AND MUTUAL ASSISTANCE AGREEMENT This Non-Disclosure and Mutual Assistance Agreement ("Agreement") is made and entered into by and between Pacific Gas and Electric Company ("PG&E"), on the one hand, and the County of Fresno ("Recipient"), on the other hand, who jointly shall be referred to herein as the "Parties" and individually as a "Party." This Agreement shall govern the use of certain confidential, customer information PG&E may provide to Recipient and mutual assistance between PG&E and Recipient in the use of such information. RECITALS WHEREAS, PG&E from time to time may notify representatives of the County of Fresno that in response to evolving weather and potential extreme fire danger, PG&E may proactively shut off power for safety to some customers in portions of Fresno County; WHEREAS, Recipient seeks customer information identifying the Medical Baseline customers on life support equipment and other critical essential non-residential customers who likely will be impacted by the shut off for the purpose of mutually supporting PG&E's utility services and public emergency response services to such customers who may be subject to potential imminent threat to life or property or other emergency needs; WHEREAS, PG&E may provide to Recipient Confidential Customer Information pursuant to a mutual assistance agreement governing the non-disclosure and use of confidential information; WHEREAS, Recipient is willing to provide PG&E with information and mutual .assistance regarding the status of such PG&E customers and public and utility services to such customers; and NON-DISCLOSURE AND MUTUAL ASSISTANCE AGREEMENT 1 WHEREAS, PG&E and Recipient may mutually choose to expand the categories of events subject to this Agreement at their sole discretion pursuant to the modification process in the Agreement. NOW,THEREFORE, in consideration of the mutual covenants in this Agreement, and intending to be legally bound, the Parties hereto agree and stipulate, by and through their counsel, as follows: 1. The purpose of this Agreement is to permit Recipient to receive and use confidential customer information identifying Medical Baseline customers on life support equipment and other critical essential customers in carrying out PG&E's and Recipient's emergency and public services functions, and to provide for Recipient to disclose to PG&E the status of such customers and provide other assistance to PG&E in carrying out its public utility emergency response and customer service functions; 2. Definitions. For the purposes of this Agreement: a. The term"proactively shut off power' or"shut off' refers to PG&E's Public Safety Power Shutoff (PSPS) program. b. The term"Medical Baseline" means a PG&E financial assistance program for residential customers who have special energy needs due to certain qualifying medical conditions. C. The term"critical essential customer" means those non-residential customers identified by PG&E or CPUC-defined processes as critical/essential customers pursuant to the mutual exchange of information between PG&E and Recipient under this Agreement. d. The term"life support equipment" means a medical device to sustain life as defined by PG&E at https://www.pge.com/enUS/residential/save- energyy money/help-paying-your-bill/longer-term-assistance/medical-condition- related/medical-baseline-allowance/life-support-equipment.pag_e . NON-DISCLOSURE AND MUTUAL ASSISTANCE AGREEMENT 2 e. The term"Confidential Customer Information' means all personally identifying information and medical information related to Medical Baseline customers and critical essential customers, including, but not limited to, name, address, phone number, e-mail, and medical condition. f. The term"Non-Disclosure Certificate" shall mean the certificate attached hereto as Exhibit 1 by which those non-employees of Recipient to whom Recipient proposes to grant access to Confidential Customer Information and who have been expressly approved by PG&E to be provided such access, including without limitation the non-employee agents, contractors and representatives of Recipient, shall certify their understanding that such access to Confidential Customer Information is provided pursuant to the terms and restrictions of this Agreement, and that they have read the Agreement and agree to be bound by it. Recipient,by and through Recipient's authorized representative, will execute the Non-Disclosure Certificate, and provide it as well as the executed Non-Disclosure Certificate of those persons who have been approved for access by PG&E and granted access to such information, to PG&E with this executed Agreement. 3. A copy of this Agreement executed by Recipient and all Non-Disclosure Certificates shall be provided to PG&E before disclosure of any Confidential Customer Information to Recipient. Recipient and any other person and entity provided access to Confidential Customer Information under this Agreement agree to maintain and use any Confidential Customer Information disclosed under the terms of this Agreement in strict accordance with the terms of this Agreement and all applicable consumer and medical privacy laws, and only for the purpose set forth in Paragraph 1. NON-DISCLOSURE AND MUTUAL ASSISTANCE AGREEMENT 3 4. Recipient shall immediately notify PG&E in writing of any unauthorized access or disclosure of the Confidential Customer Information. a. Recipient shall take reasonable measures within its control to immediately stop the unauthorized access or disclosure of Confidential Customer Information to prevent recurrence and to return to PG&E any copies. b. Recipient shall investigate such breach or potential breach, and shall inform PG&E in the most expeditious time possible and without reasonable delay, in writing, of the results of such investigation, and assist PG&E (at Recipient's sole cost and expense) in maintaining the confidentiality of such Confidential Customer Information. c. If requested in writing by PG&E, Recipient will notify the potentially affected persons regarding such breach or potential breach within a reasonable time period determined by PG&E and in a form as specifically approved in writing by PG&E. In addition, in no event shall Recipient issue or permit to be issued any public statements regarding the security breach involving the Confidential Customer Information unless PG&E requests Recipient to do so in writing. 5. In the event that a court or other governmental authority of competent jurisdiction issues an order, subpoena, or other lawful process requiring the disclosure of Confidential Customer Information, Recipient or counsel for the Recipient shall notify PG&E immediately upon receipt thereof to facilitate PG&E's efforts to prevent such disclosure, or otherwise preserve the confidentiality of Confidential Customer Information. Recipient shall not be in violation of the Agreement if Recipient complies with an order of such court or governmental authority to disclose Confidential Information, after PG&E has sought to maintain the confidentiality of such information NON-DISCLOSURE AND MUTUAL ASSISTANCE AGREEMENT 4 as provided herein, or has notified Recipient in writing that it will take no action to maintain such confidentiality. 6. If requested in writing to return the Confidential Customer Information to PG&E, Recipient shall, within fifteen days of such request, undertake to return Confidential Customer Information to PG&E, or shall destroy the materials. To the extent Confidential Information is not returned or destroyed, it shall remain subject to the Agreement. 7. Recipient agrees that PG&E is the sole owner of the Confidential Customer Information, and that no license in any rights, express or implied, is offered or granted by PG&E by the disclosure of the Confidential Customer Information to Recipient, other than for the purpose stated in Paragraph 1. 8. All Confidential Customer Information shall be maintained by Recipient, Recipient's legal counsel, and other persons and entities provided access to such information under this Agreement, in a secure place. Recipient shall implement reasonable administrative, technical and physical safeguards to protect the Confidential Customer Information from unauthorized access, use, destruction, modification or disclosure. Reasonable administrative, technical and physical safeguards include, without limitation, the following: a. password protected workstations at Recipient's premises, any premises where work or services are being performed, and any premises of any person who has access to such Confidential Customer Information; b. encryption in transit and at rest of the Confidential Customer Information; c. measures to safeguard against the unauthorized access, destruction, use, alteration or disclosure of any such Confidential Customer Information including, but not limited to, restriction of physical access to such data and information, implementation of logical access controls, sanitization or NON-DISCLOSURE AND MUTUAL ASSISTANCE AGREEMENT 5 destruction of media, including hard drives, and establishment of an information security program that at all times is in compliance with reasonable security requirements as agreed to between Recipient and PG&E; d. at the termination of any event subject to disclosure of Confidential Customer Information, destruction or deletion of all Confidential Customer Information disclosed to Recipient for purposes of mutual assistance during the event, and documentation provided to PG&E demonstrating such destruction or deletion; e. In the event PG&E determines Recipient has not complied with security measures, PG&E shall provide written notice to Recipient describing the deficiencies. Recipient shall then have sixty (60) calendar days to cure. If Recipient has not cured the deficiencies within sixty (60) calendar days, PG&E may terminate this Agreement. 9. Confidential Customer Information shall be treated as confidential by Recipient and by persons and entities provided access to such information under this Agreement in accordance with the certificate executed pursuant to Paragraph 10. Confidential Customer Information shall not be used except as necessary for the purpose set forth in Paragraph 1, nor shall it be disclosed in any manner to any person except those who need to know the information in order to carry out the purpose of this Agreement under Paragraph 1. Reviewing Representatives may make copies of Confidential Customer Information, but such copies become Confidential Customer Information. 10. Recipient and PG&E agree that Confidential Customer Information provided to Recipient pursuant to this Agreement is exempt from production under the California Public Records Act, Cal. Gov't Code Sections 6250, et seq., under the exemptions provided in the California Public Records Act, including Sections 6254(e), 6254(k), and/or 6255(a), and Recipient agrees to withhold production of such materials NON-DISCLOSURE AND MUTUAL ASSISTANCE AGREEMENT 6 unless ordered to do so by a court of competent jurisdiction as provided in Paragraph 5. Under this Agreement, Recipient agrees to comply with all applicable laws, regulations and orders related to the protection of customer privacy. 11. All Confidential Customer Information disclosed under this Agreement is provided "as is, with all faults." PG&E expressly disclaims all warranties and conditions of any kind, express or implied, regarding the accuracy, completeness, intended use, improper use or release, or other attributes of the Confidential Customer Information disclosed hereunder. 12. None of the Parties waives the right to pursue any other legal or equitable remedies that may be available in the event of actual or anticipated disclosure of Confidential Customer Information. The Parties agree that, in addition to whatever other remedies may be available to a Party under applicable law, a Party shall be entitled to obtain injunctive relief with respect to any actual or threatened violation of this Agreement by any other Party. In the event of any action or proceeding instituted by either Party in connection with this Paragraph, the prevailing party shall be entitled to seek recovery of all of its costs and expenses, including reasonable attorney's fees, incurred in connection with that action or proceeding. 13. This Agreement is made in the State of California and shall be governed by and interpreted in accordance with its laws. 14. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of the Agreement shall remain in full force and effect. 15. This Agreement may be executed and amended in two or more counterparts, all of which shall be considered one and the same Agreement. PG&E and Recipient may mutually agree by email or other electronic or written documentation in counterparts to amend this Agreement to expand the categories of events subject to this Agreement at their sole discretion. NON-DISCLOSURE AND MUTUAL ASSISTANCE AGREEMENT 7 IN WITNESS WHEREOF the Parties execute this Agreement,by and through their counsel, as of the latest date set forth below. Dated: , 7 � ) ✓� , �J ���� PACIFIC GAS AND LECTRIC COMPANY by: Dated: County of Fresno by: Nathan Magsig, Chairman of the Board of Supervisors of the County of Fresno ATTEST: BERNICE E. SEIDEL Clerk of the Board of Supervisors County of Fresno,State of California Deputy NON-DISCLOSURE AND MUTUAL ASSISTANCE AGREEMENT 8 NON-DISCLOSURE CERTIFICATE I hereby certify my understanding that access to Confidential Customer Information is provided to me pursuant to the terms and restrictions of the Non- Disclosure and Use Agreement("Agreement") between Pacific Gas & Electric Company ("PG&E") and the County of Fresno ("Recipient") executed to permit Recipient to receive and use Confidential Customer Information, as that terms is defined in Paragraph 2(e) of the Agreement, for the sole purpose of carrying out Recipient's emergency services functions. I have been given a copy of, and have read the Agreement, and that I agree to be bound by it. I understand that any notes, memoranda, correspondence, or any other form of information that copies or discloses Confidential Customer Information shall not be disclosed to anyone other than in accordance with that Agreement, the terms and conditions of which are fully incorporated into this Non-Disclosure Certificate. By: �----r Printed Name: Nathan Magsig Title: Chairman of the Board of Supervisors Representing: County of Fresno Date: June 18, 2019 ATTEST: BERNICE E.SEIDEL Clerk of the Board of Supervisors County of Fresno,State of California BY _S�, 's Deputy NON-DISCLOSURE CERTIFICATE 1