200305081st Request of Potlatch to Avista.pdf

Conley Ward, ISB #1683
Michael Creamer, ISB # 4030
GIVENS PURSLEY, LLP
277 North 6th Street, Suite 200
O. Box 2720
Boise, ID 83701
[phone]
f~ECEIVEO FILED
2003 MAY -1 PM 4: 01
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UTiLiT iES cor.n1iSSION
Attorneys for Potlatch Corporation
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
POTLATCH CORPORATION
Complainant
Respondent
COMPLAINANT'S DISCOVERY
REQUESTS TO RESPONDENT
A VISTA UTILITIES.
CASE NO. A VU-02-
AVISTA UTILITIES
YOU WILL PLEASE TAKE NOTICE that Complainant Potlatch Corporation
Potlatch"), requests that Respondent Avista Utilities ("Avista ) answer, under oath, the
following Interrogatories within fifteen days from the date of service hereof.
Definitions and Instructions
The interrogatories and document requests are governed by the following definitions and
instructions:
Definitions
You
, "
your" or "A vista" - Means or pertains to the named respondent in this
matter and includes, without limitation, Avista Utilities, its officers, directors , employees
agents, attorneys, corporate subsidiaries and affiliates
Persons" - Means any and all natural persons, corporations, businesses, firms
companies, partnerships, unincorporated associations, governmental or public agencies
POTLATCH'S DISCOVERY REQUESTS TO A VISTA-
joint ventures and all other entities, including, without limitation, all employees
representatives, consultants and agents of any of the foregoing.
Documents" - Means any and all written, electronic or graphic matter, of any
kind or description, however created, produced, reproduced or stored, whether sent or
received, or whether originals , copies or drafts, including, but not limited to, every side of
every page of all letters, papers, books, correspondence, bulletins, circulars, instructions
telegrams, cables, telex messages, facsimiles, memoranda, notes, notations, work papers
transcripts, minutes, reports, recordings of notes or meetings, conferences, interviews or
telephone or other conversations, affidavits, statements, summaries, opinions, studies
analyses, evaluations, work sheets, contracts, agreements, journals, statistical records
desk or pocket calendars, appointment books, diaries, lists, tabulations, advertisements
sketches, drawings, blue prints, catalogs, audio or video records, photographs, computer
printouts, e-mail transmissions, data processing input and output, deeds, microfilm, all
other records kept by electronic, photographic or electrical means, and things similar to
any of the foregoing however denominated.
Relating to" or "Relate(s) to - Means directly or indirectly mentioning,
consisting of, evidencing, describing, referring to, pertaining to, being connected with, or
reflecting upon the stated subject matter.
The words "any" and "all" shall be considered to include each and every.
The singular of any word shall include the plural and the plural of any word shall
include the singular.
The word "expert" as used herein includes any person who will be offering expert
testimony on behalf of A vista or who has been consulted or relied upon by any person
POTLATCH'S DISCOVERY REQUESTS TO A VISTA-
who assisted in the preparation of the responses to these interrogatories and document
production requests or who will be offering testimony on behalf of A vista in this matter.
Instructions
In answering these interrogatories and document requests, you are required to furnish all
information that is available to you, or subject to your reasonable inquiry, including the
information in the possession of you, your attorneys or other persons directly, or indirectly
employed by, or connected with, you or your attorneys, and anyone else other wise subject to
your control. In answering each interrogatory and document request:
Identify by title, heading or caption, date, sender, recipient, location and
custodian, each Document relied upon, reviewed or which forms a basis for the response given
or which corroborates or Relates to the response given or the subject of what is given in response
to these discovery requests;
State whether the information furnished is within the personal knowledge of the
person responding and, if not, the name, if known, of each person to whom the information is a
matter of personal knowledge;
Identify each person who assisted or participated in preparing and/or supplying
any of the information given in response to or relied upon in preparing responses to these
discovery requests;
Where a discovery request calls for a response in multiple parts, each part should
be separated in the response so that the response is clearly understandable and complete;
Where the name or identity of a person is requested, state the full name, business
address, and any telephone numbers of each person;
POTLATCH'S DISCOVERY REQUESTS TO AVISTA-
If any of your responses require the production of documents, label the documents
to indicate the discovery request to which you are responding.
If you object to the production of any Document called for in these document
requests, for each such Document state the following: (1) the reasons for the objection and any
facts supporting the objection; (2) give a description of each Document including, without
limitation, the date, sender, recipient(s), persons to whom copies have been furnished, job titles
of each of the persons, subject matter of the Document, number of pages of the Document, the
number( s) of the request to which such Document is responsive and the identity of the person in
whose custody the Document is presently located.
If any Document is withheld under claim of privilege or work product, furnish a
list identifying each Document for which the privilege or work product is claimed, together with
the following information for each such Document: date, sender, recipient(s), persons to whom
copies were furnished, job titles of each of those persons, subject matter of the Document
number of pages of the Document, the bases on which the privileges or work product is claimed
the paragraph(s) of these requests to which the Document responds, the person in whose custody
the Document is presently located, and whether any matter that is not privileged or is not work
product is discussed or mentioned in each Document.
If any Document requested was, but is no longer in the possession or subject to
the control of A vista, or is no longer in existence, state whether it: (1) is missing or lost; (2) has
been destroyed; (3) has been transferred voluntarily or involuntarily to others and state the
identity of the persons to whom it has been transferred; (4) has otherwise been disposed of, or in
each instance explain the circumstances surrounding such disposition, state the date or
approximate date thereof and the identity of the persons with knowledge of such circumstances;
POTLATCH'S DISCOVERY REQUESTS TO AVISTA-4
(5) identify the Documents that are missing, lost, destroyed, transferred or otherwise disposed of
by author, date, subject matter, addressee(s), and the number of pages.
If you do not clearly understand, or have any questions about, these definitions
instructions interrogatories or requests, contact counsel for Potlatch Corporation promptly for
clarification.
INTERROGATORIES AND PRODUCTION REQUESTS
REQUEST 1:State the name, position and title of each person providing responses to
these interrogatories and document requests, and identify each interrogatory or document request
by number to which the individual is providing a response.
REQUEST 2:If Potlatch continues to purchase 100 average megawatts from Avista for
its Lewiston Plant but ceases to produce any generation of its own, can A vista continue to serve
the LewistoniClarkston area under all reasonably foreseeable load and weather conditions
without violating applicable industry standards, electrical codes, or Avista s own standards
regarding service reliability and quality, or loss of load probabilities?
REQUEST 3:If your answer to Request 2 is in the negative
1. Please explain the circumstances under which applicable standards might be violated and
describe the expected duration, frequency and consequences of such violations with
citations to the code or industry standards involved;
2. Please describe the capital investments or other improvements that would be necessary to
meet applicable standards under the circumstances described in Request 2 and provide an
estimate of their cost, complete with all workpapers used in the cost estimate.
POTLATCH'S DISCOVERY REQUESTS TO AVISTA-
Dated this ih day of May, 2003.
POTLATCH'S DISCOVERY REQUESTS TO A VISTA-6
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the ih day of May, 2003 , I caused to be served a true and
correct copy of the foregoing by the method indicated below, and addressed to the following:
Jean Jewell
Idaho Public Utilities Commission
472 W. Washington Street
O. Box 83720
Boise, ID 83720-0074
- US. Mail - Fax -L By Hand
Scott D. Woodbury
Idaho Public Utilities Commission
472 W. Washington
O. Box 83720
Boise, ill 83720-0074
- US. Mail - Fax -L By Hand
David J. Meyer
Senior Vice President and General Counsel
A vista Corporation
1411 E. Mission Ave.
Spokane, W A 99220
-L US. Mail Fax - By Hand
Thomas A. DeBoer
Paine, Hamblen, Coffin, Brooke & Miller LLP
717 West Sprague Ave., Suite 1200
Spokane, WA 99201-3505
-L US. Mail -L Fax - By Hand
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Tina Smith
POTLATCH'S DISCOVERY REQUESTS TO AVISTA-