20221118Atlanta to Staff Supplemental 1-3.pdf

Brad M. Purdy
Attorney at Law
Bar No. 3472
2019 N. 17e St.
Boise,ID. 83702
[phone]
FAX: [phone]
[e-mail]
Attorney for Atlanta Power Company
BEFORE TIIE IDAHO PUBLIC UTILITIES COMMISSION
IN TIIE MATTER OF TIIE IIYVESTIGATION OF
ATLAIITA POWER COMPAITY SERVICE
AND CUSTOMER RELATIONS
CASE NO. ATL.E.Z}.OI
SUPPLEMENTAL RESPONSES
TO PRODUCTION REQUESTS
OF COMMISSION STAFF SETS
1,2 AND 3.
The Atlanta Power Company hereby provides a supplemental response to Staffs First,
Second and Third Production Requests submitted in the above-captioned matter.
REQUEST NO. 1: Please provide all income tax filings for Atlanta Power from 2017 to
present. This may include copies of the Schedule C, Form 1065, or other filings etc.
RESPONSE TO REQTIEST NO. 1: Atlanta Power does not believe that it currently
owes any income taxes due to the fact that its net income from the Company's customers never
produced a net profit after all legitimate expenses were offset against payments received from
customers. Consequently, much of the investment made to the Atlanta Power system was
financed by Mr. Israel Ray through an unrelated business.
Consequently, Atlanta Power does not currently have income tax filings for the time
period identified in the foregoing production request. The Company's former accounting firm is
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ATLANTA POWER RESPONSES TO STAFF PRODUCTION REQUESTS, SETS T.3
either no longer in business, or no longer provides such services to Atlanta Power. Atlanta has
retained a new accounting firm which is currently producing tax data for the five (5) year period
identified by Staff. Until such time as the data sought by Staffthrough this production request is
available, no such completed records exist. They will be provided to Staffonce they are
completed.
REQUEST NO. 2: Please provide the invoices, packing slips, Bill of Ladings etc. for all
items purchased for repairs, new construction, or re,placements from 2017 to present.
RESPONSE TO REQUEST NO. 2: Due to a lack of sufficient income from Atlanta's
customers necessary to upgrade the electrical system, there was very little investment during the
five-year period of items identified by Staff.
REQUEST NO. 3: Please provide a schedule showing each customer's usage and billing
for each month from 2017 to present. Please include the dollar amounts billed as well as the kWh
billed.
RESPONSE TO REQUEST NO. 3: Atlanta believes that this data has previously been
provided to Staffin the form of both hard-copy printouts and a thumb drive. Atlanta will
supplement if Staffbelieves that the thumb drive data provided is not fully responsive to this
discovery request.
REQUEST NO. 4: Please provide an accounts receivable aglng report for December 31,
2020, Decernber 3I,2021, and Ju1y30,2022.
RESPONSE TO REQUEST NO.4: Atlantabelieves that this datahas previouslybeen
provided to Staffin the form ofboth hard-copy printouts and a thumb drive. Atlanta will
supplement if Staffbelieves that the thumb drive data provided is not fully responsive to this
discovery request.
ATLANTA POWER RESPONSES TO STAFF PRODUCTION REQUESTS, SETS 1-3.
REQUEST NO.5: Please provide a complete description of the Company's current
system. This should include the following: A. A description of each generation resource
including the generation t5pe, tlpe of controlso how it is operated, etc., Atlanta believes that this
data has previously been provided to Staffin the form of a Boise State University report which
has been delivered to Staff. d and maintained, amount of average capacity for each season, and
constraints and/or deficiencies (e.9., seasonal water flow, planned mainte,nance, fuel capacity and
availability, etc.); B. A description of the disfribution system including substations, poles, and
conductors, switching mechanisms, how it is operated and maintained, consfraints and/or
deficiencies; C. Tlpes and number of customers including a description of the customer classes,
their average usage, seasonal usage patterns.
RESPONSE TO REQUEST NO. 5: A. To a certain extent, some of the information
sought by this request has already been provided to Staff. For example, the Boise State
University School of Engineering Study, which Atlanta believes has already been provided to at
least one member of Staff, goes into considerable detail regarding the nature of the Atlanta
system. That said, and because the Boise State Study is upwards of 100 pages in length, a
separate email with the study(ies) attached will be emailed to Staffat the same time that the
remainder of these discovery responses are sent to Staff. It is the undersigned's impression that
the study will provide a significant amount of information regarding Atlanta's physical system.
In addition, Staffsent several members to Atlanta roughly several months ago and
examined both financial records and the electrical system itself.
B. Please refer to subsection A, referring to the Boise State Study as the information
requested appears to be somewhat redundant.
ATLANTA POWER RESPONSES TO STAFF PRODUCTION REQUESTS, SETS l-3.
C. Some, if not most, of the data sought by this request should be contained on the
previously-mentioned BSU study. Atlanta will augment if Staffelaborates on what might be
missing from this response.
REQUEST NO. 6: Please provide a scaled system map of the utility. This map should
provide a location and reference identiffing each component of the system. For each component,
please provide a detailed description that includes the following: a. Generating resources (i.e.,
generation type, nameplate capacity rating, installation date, and condition); b. Utility poles (i.e.,
type, installation date, and condition); c. Utility transformers (i.e., type, ratings, installation date,
and condition); d. Wire conductor (i.e., type, rating, installation date, and condition); e. Service
connections (i.e., type, rating, installation date, and condition);
RESPONSE TO REQUEST NO. 6: Atlanta Power owner, Mr. Israel Ray, did not
oversee the development, upkeep nor data of the electrical system on a regular basis. This task,
among most others of its nature, was the responsibility of Mr. Gene Haught, with the expert
advice of Mr. Nick Jones who is not an Atlanta employee.
Regardless, the aforementioned Boise State Study seems to contain the majority of the
information sought by this discovery request. Apparently, and due to the age of the Atlanta
power systan, much of the data sought by Stafi according to Mr. Haught and Mr. Ray, was
either never cataloged nor maintained. As Staffmight be aware, to the extent that the
information sought ever was, much was lost when Mr. Lynn Stevenson, prior owner of Atlanta,
tragically died. That said, both Mr. Ray and Mr. Haught are in the process of locating and/or
deducing the data sought by Staffin this discovery request and will augment if additional
information is discovered.
ATLANTA POWER RESPONSES TO STAFF PRODUCTION REQUESTS, SETS 1-3.
Finally, Atlanta notes that roughly 2-3 months ago, several Staffmembers conducted a
thorough, on-site inspection of the Atlanta Power system analyzingboth the electrical system
and company records. To that extent, Staffpossibly already possesses some of the data sought
by this request; especially when coupled with the Boise State Study.
REQUEST NO. 7: Please provide a list of all utility assets (with documentation)
identiffing the following for each: a. Asset identifier (Serial number, Asset inventory number,
etc.); b. Whether it is installed or held in inventory; c. Condition of the asset (unused/new or
used/reconditioned, operational or salvage, etc.); d. Date of purchase; e. Date of installation; f.
Original cost with installation cost broken out separately; g. Current book value; h. Depreciation
rate.
RESPONSE TO REQIIEST NO. 7: See Response to Request No. 6. Furthermore, Mr.
Haught and Ray continue to attempt to locate and identifu all utility assets, many of which are so
old, that the specific data Staffseeks might no longer be legible or available, or the utility assets
might no longer be of useful value.
REQUEST NO.8: Please identifr and describe any deficiencies and what action, if any,
is needed to address system reliability, system integrity, and/or support potential growth. For
each deficiency, please provide the following: a. Improvements and/or investments the Company
plans to implement to address each individual deficiency. b. Please include the costs and benefits
for each investment.
RESPONSE TO REQUEST NO. 8: The data sought by this request is largely
contained in the Boise State Study. As far as plans for future improvements to the Atlanta
system, only Mr. Haught and Mr. Jones, as future ownetrs, can definitively respond to that. The
undersigned is unaware whether any such future plans have been made; especially pending the
ATLANTA POWER RESPONSES TO STAFF PRODUCTION REQUESTS, SETS 1-3
Commission's final ruling of the proposed sale of Atlanta Power. Should things proceed as
hoped, those two gentlernen are the best source for what future plans they have regarding the
system once the sale is, hopefully, consummated.
REQUEST NO. 9: Please identiff and describe all maintenance improvernent projects to
the utility plant over the past 5-years. Please include documentation for each project.
RESPONSE TO REQUEST NO.9: No such records were maintained during the time
period identified. The majority of any such maintenance/improvement projects were completed
prior to the past 5 years.
REQUEST NO. 10: Please provide the past 5-years of monthly energy use for all
meters located at 170 Middle Fork Rd., Atlanta, Idaho 83716.
RESPONSE TO REQUEST NO. 10: Elechic usage atl70 Middle Fork Rd., Atlanta,
Idatro, was never metered. The structure located at the address stated above is used for storage
and other things related to Atlanta Power.
REQUEST NO. 11: Please provide the Company's 5-year plan for the purchase and
installation of futtre utility plant assets.
RESPONSE TO REQUEST NO. 11: As stated in previous discovery responses, only
Mr. Haught and Mr. Jones can respond to their future plans for the company, assuming the
proposed sale is consummated.
REQUEST NO. 12: Please provide the Company's primary contact for handling
customer inquiries and complaints. Please provide any additional contact information.
RESPONSE TO REQUEST NO. 12: Mr. Gene Haught is the primary contact. His wife
can also relay messages to him if he is out in the field. Mr. Haught's telephone number in Atlanta
is 1-208-864-2170.
ATLANTA POWER RESPONSES TO STAFF PRODUCTION REQUESTS, SETS 1-3.
REQUEST NO. 13: Please provide the average response time when a customer must
leave a message regarding an inquiry or complaint.
RESPONSE TO REQUEST NO. 13: Within twenty-four (24) hours or less.
REQUEST NO. 14: What is the process for customers to report outages? How will the
Company provide timely updates of outages to its customers? What improvements, if any, is the
Company making to its outage management notification?
RESPONSE TO REQUEST NO. 14: Either Mr. Haught, or his wife, are accessible by
telephone and react as quickly as possible. Given the extremely small size of the Atlanta, Idaho
township, some customers choose to walk over to the Haught's home to personally discuss any
system problems they might be experiencing.
Regarding proposed improvements to this othenrise effective system, only Mr. Haught
and Mr. Jones are able to respond to this request, assuming consummation of the proposed sale
of Atlanta.
REQUEST NO. 15: Please provide a copy of Vector Holdings, LLC articles of
incorporation.
RESPONSE TO REQUEST NO. 15:
Because Vector Holdings is an L.L.C., it has not filed Articles of Incorporation with the
Idaho Secretary of State.
REQUEST NO. 16: Please provide a copy of Water Right #2063
RESPONSE TO REQUEST NO. 16: See Attachment A to email provided to Staff.
This water right dates back to the early 1700's and its nature reflects its obvious age.
REQUEST NO. 17: Please provide the past 5 years of monthly kilowatt-hour (*kWh")
energy use for all meters located at the residence: 170 Middle Fork Rd., Atlanta, Idaho 83716.
ATLANTA POWER RESPONSES TO STAFF PRODUCTION REQUESTS, SETS 1-3
RESPONSE TO REQUEST NO. 17: This Request was asked and answered in
response to Request No. 10.
REQUESTNO. 18: Please provide the past 5 years of Atlanta Power systems':
a. Annual average kWh energy generation;
b. Monthly kWh energy generation and;
c. Annual system peak load in kilowatts ("kW").
RESPONSE TO REQUEST NO. 18: Atlanta Power has not historically tracked this
data. It is the undersigned's belief that, assuming the proposed sale of the system is approved,
the new owners will implernent a generation tracking system for the future.
REQUEST NO. 19: Please provide all reports or system studies completed on Atlanta
Power's system over the past 5 years.
RESPONSE TO REQUEST NO. 19: The response to this Request has either been
previously responded to in these discovery responses and/or submitted electronically to the
Commission.
REQUEST NO. 20: Please provide the following information regarding the land swap
from seller to buyer:
a. A complete legal description of RPM5NI lEO31lOA subsequent to transfer of the
section to the buyers;
b. A complete legal description of the newly transferred property;
c. A readable color version, that clearly indicates ownership by both parties, of
EXHIBIT B Of thE STOCK AND OWNERSHIP INTERESTS PURCHASE AGREEMENT
dated August26,2022;
d. A list of all assets on the transferred property after the land swap that are owned by
ATLANTA POWER RESPONSES TO STAFF PRODUCTION REQUESTS, SETS I-3
Atlanta Power;
e. A list of all assets that are owned by Atlanta Power that will remain on Israel Ray's
property (RPMSNIIEO31l0A) land swap; and
f. Copies of all documents associated with the swap filed with Elmore County.
RESPONSE TO REQUEST NO.20:
A. The legal description sought by Staffrequires Commission approval of the
proposed land sale. Until such time, a response to this request requires some
degree of speculation due to the inability to state with accuracy the legal
description Staff seeks.
B. See Response to subsection A above. As the proposed sale of Atlanta Power
progressed, and for purposes of providing the best information that Atlanta
Power had to provide the desired legal description, it was necessary to have
the real property in question accurately surveyed. The surveyor was not
available until sometime in November which, given the early onset of winter,
is not yet feasible until weather conditions permit.
C. The Purchase Sale Agreement included an aerial photograph of the property
subject to Staff s request. Due to the heavily forested area that property is
located on, a readable color version, that clearly indicates ownership by both
parties provides no greater clarity, let alone identification of the proposed
property provides nothing of value. This, as stated above, will require an on-
the-ground surveyor.
ATLANTA POWER RESPONSES TO STAFF PRODUCTION REQUESTS, SETS 1.3
D. Though the existing backup diesel generator is located on Mr. Ray's property,
the Atlanta Power Company has a right of way to access, repair, etc., the
generator.
E. There is, apparently, an historic stone wall located on property located by Mr.
Ray. The undersigned is of the impression that this wall is on some manner of
historic register, given the historic nature of the Atlanta township. Regardless,
the land upon which the wall is situated will be transferred to Atlanta Power if
the sale is approved.
F. Copies of all documents associated with the swap filed with Elmore County
cannot be filed unless and until the sale of the Atlanta Power systern is
approved by the Commission.
REQUEST NO.21: Please provide the bank statements from June 2021 to present for all
accounts listed in Exhibit F of the Purchase Sale Agreement.
RESPONSE TO REQUEST NO. 2l: The undersigred did not draft the Purchase Sale
Agreement but, nonetheless, will respond to this Request as quickly as possible.
REQUEST NO. 22: Please provide an aged accounts receivable list for Atlanta Power as
ofAugust 31,2022.
RESPONSE TO REQUEST NO.22: As previously stated in these responses, the data
sought by this request should be contained in the thumb drive previously provided to Staff.
Should Staff not find said data, the undersigned, if notified, will seek to determine if Atlanta did
keep track of aged accounts receivable and provide said data to Staff.
ATLANTA POWER RESPONSES TO STAFF PRODUCTION REQUESTS, SETS I-3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE ON THIS ISth DAY OF NOVEMBER, 2022,
SERVED THE FOREGOING RESPONSE TO STAFF'S FIRST PRODUCTION REQUESTS
I.22 IN CASE NO. ATL.E.2Z.OI BY HAND.DELMERING, EMAILING, AND/OR FAXING
A COPY THEREOF TO THE FOLLOWING:
CHRIS BURDIN
DEPUTY ATTORNEY GENERAL
[e-mail]. eov
DAYN HARDIE
DEPUTY ATTORNEY GENERAL
Dayn.hardie@puc. idaho. eov
CHRIS NUNEZ
McAnaney & Associates
[e-mail]
JAN NORTYUKI
Commission Secretary
Jan.noriyuki @puc. idaho. eov
lsl
Brad M. Purdy
ATLANTA POWER RESPONSES TO STAFF PRODUCTION REQUESTS, SETS 1-3.