200404201st Request of Potlatch to Avista.pdf

Conley E. Ward (ISB No. 1683)
GIVENS PURSLEY LLP
601 W. Bannock Street
O. Box 2720
Boise, ID 83701-2720
Telephone No. [phone]
Fax No. [phone]
cew~givenspursley.com
F:ECEIVED fYJ
jLL"c)
ZDOL: p,PR 20 Pr'j4: I 2
, '. .
driLl i :C-~; CUI,ji'iiSSION
Attorneys for Potlatch Corporation
S:\CLIENTSIl3I4\S4\Potiatch 1st Disc Req to Avista.DOC
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF A VISTA CORPORATION FOR THE
AUTHORITY TO INCREASE ITS RATES
AND CHARGES FOR ELECTRIC AND
NATURAL GAS SERVICE TO ELECTRIC
AND NATURAL GAS CUSTOMERS IN THE
STATE OF IDAHO.
Case Nos. A VU-04-
A VU-04-
POTLATCH CORPORATION'
FIRST SET OF DISCOVERY
REQUESTS TO A VISTA
CORPORATION
YOU WILL PLEASE TAKE NOTICE that Potlatch Corporation ("Potlatch"), requests
that Avista Corporation ("Avista ) answer the following discovery requests in accordance with
the Idaho Public Utilities Commission s Rules of Procedure.
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, A vista, its officers, directors, employees
agents, attorneys, corporate subsidiaries and affiliates
POTLATCH CORPORA nON'S FIRST SET OF DISCOVERY REQUESTS TO A VISTA CORPORA nON
- Page 1 of 10
ORIGINAL
Persons" means any and all natural persons , corporations, businesses, firms
companies, partnerships, unincorporated associations, governmental or public
agencies, 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
, 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.
POTLA TCH CORPORA nON'S FIRST SET OF DISCOVERY REQUESTS TO A VISTA CORPORATION
- Page 2 of 10
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 who assisted in the preparation of the responses to these interrogatories
and document production requests or who will be offering testimony on behalf of
Avista 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;
POTLATCH CORPORA nON'S FIRST SET OF DISCOVERY REQUESTS TO A VISTA CORPORATION
- Page 3 of 10
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;
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 ofthe document, number of pages of the document, the
number(s) ofthe 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) ofthese 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
POTLATCH CORPORATION'S FIRST SET OF DISCOVERY REQUESTS TO AVISTA CORPORATION
- Page 4 of 10
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;
(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 promptly for clarification.
These discovery requests are continuing in nature and require supplemental
responses upon the discovery or receipt of new or additional information.
REQUEST NO.1: Please provide copies of all confidential documents, exhibits and
testimony previously deleted from the copy of Avista s application served on counsel for
Potlatch. (Potlatch has executed the standard confidentiality agreement and returned it to
counsel for Avista for execution and filing with the Idaho Public Utilities Commission.
REQUEST NO.2: Please explain why A vista Power initially purchased Coyote Springs
, rather than Avista Corporation or Avista Utilities.
REQUEST NO.3: Please provide copies of Avista Power s agreement to purchase
Coyote Springs 2 and/or any related land, permits or licenses , and facilities or equipment.
REQUEST NO.4: Please provide a statement of Avista Power s total purchase price for
Coyote Springs 2 and a breakdown of Avista Power s purchase price by asset categories, i.
how much was for land, equipment, licenses, etc.
REQUEST NO.5: Please provide copies of all documents related to any transaction or
correspondence between A vista Power or A vista Corporation or any of its subsidiaries or
POTLA TCH CORPORATION'S FIRST SET OF DISCOVERY REQUESTS TO A VISTA CORPORATION
- Page 5 of 10
affiliates, on the one hand, and LJM2 Co-Investment LP, on the other, during the period January
, 1999 to the present.
REQUEST NO.6: Please provide copies of all documents in the possession of A vista
Corporation or any of its affiliates or subsidiaries related to the decision to transfer ownership or
control of Coyote Springs 2 from A vista Power to A vista Corporation or A vista Utilities. This
request includes, but is not limited to, Board of Directors' minutes for Avista Power , Avista
Energy, and Avista Corporation or Avista Utilities, as well as reports, financial statements, or
documents of any kind produced in connection with the evaluation of, consideration of, or
implementation or execution of, such transfer. Include all documents evidencing such transfer.
REQUEST NO.7: Please provide a statement of the consideration Avista Power
received for the transfer of ownership or control of Coyote Springs 2 and a breakdown of such
consideration by asset categories, i.e., how much was for land, equipment, licenses, etc.
REQUEST NO.8: Please provide a statement ofthe total amount Avista Power had
spent on Coyote Springs 2 at the time of such transfer, and a breakdown of such amount by asset
categories, i., how much was for land, equipment, licenses, etc.
REQUEST NO.9: Please provide copies of all documents in the possession of A vista
Corporation or any of its affiliates or subsidiaries related to the decision to transfer ownership or
control of a portion of Coyote Springs 2, and/or any contracts related thereto, from A vista
Corporation or any of its subsidiaries or affiliates to Mirant Corporation. This request includes
but is not limited to, Board of Directors ' minutes for Avista Power , Avista Energy, and Avista
Corporation or A vista Utilities, as well as reports, financial statements, or documents of any kind
produced in connection with the evaluation of, consideration of, or implementation or execution
, such transfer. Include all documents evidencing such transfer.
POTLATCH CORPORATION'S FIRST SET OF DISCOVERY REQUESTS TO A VISTA CORPORATION
- Page 6 of 10
REQUEST NO. 10: Please provide a statement of the total amount Avista Corporation
or any of its subsidiaries or affiliates had spent on Coyote Springs 2 at the time of such transfer
to Mirant, and a breakdown of such amount by asset categories, i.e., how much was for land
equipment, licenses, etc.
REQUEST NO. 11: Please provide a statement of the consideration Avista Corporation
and/or its affiliates and subsidiaries received for the transfer of ownership or control of a portion
of Coyote Springs 2 to Mirant, and a breakdown of such consideration by asset categories, i.
how much was for land, equipment, licenses, etc.
REQUEST NO. 12: Please provide a statement of the earliest construction cost estimate
for Coyote Spring 2, broken down by cost categories, together with a corresponding statement of
the final cost for each category and for the plant as a whole.
REQUEST NO. 13: Please explain why Coyote Springs 2 is currently out of service
and when it is expected to return to service.
REQUEST NO. 14: Please provide a list of the number of hours for each day that
Coyote Springs was out of service since the plant was deemed available for commercial
operation.
REQUEST NO. 15: Please provide a schedule of the hourly output of Coyote Springs 2
in mwh for each day both before and after the plant was deemed available for commercial
operation.
REQUEST NO. 16: Please itemize the variations between Avista s proposed cost of
service study and that approved by the Idaho Public Utilities Commission in the last A vista
general rate case. For each variation, explain Avista s rationale for the proposed change.
POTLA TCH CORPORATION'S FIRST SET OF DISCOVERY REQUESTS TO A VISTA CORPORATION
- Page 7 of 10
REQUEST NO. 17: Please explain in detail Avista s rationale for not treating Potlatch'
Lewiston plant as a unique customer class for cost of service purposes.
REQUEST NO. 18: Please provide the results of Avista s cost of service study with
Potlatch's Lewiston load treated as a separate class.
REQUEST NO. 19: If Avista has calculated or estimated the demand elasticity
coefficient on its system, or any geographic portion or customer class of its system, within the
last ten years, please provide copies of such calculation(s) or estimate(s), together with all
supporting studies and workpapers.
REQUEST NO. 20: Please provide copies of all prior and subsequent responses to
Staffs or intervenors' formal or informal production or information requests relating to this case.
In responding to this request, you may omit Staff production requests nos. 158-170.
Dated this 20th day of April, 2004.
ley
Given Pursley LLP
Attorneys for Potlatch Corporation
POTLATCH CORPORATION'S FIRST SET OF DISCOVERY REQUESTS TO A VISTA CORPORATION
- Page 8 of 10
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 20th day of April 2004, I caused to be served a
true and correct copy of the foregoing document 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
( J U.S. Mail
( .IJ Hand Delivered
( ) Overnight Mail
) Facsimile
Scott Woodbury
John Hammond
Idaho Public Utilities Commission
472 W. Washington Street
O. Box 83720
Boise, ID 83720-0074
swoodbu~puc.state.id. us
jhammon~puc.state.id. us
) U.S. Mail
( )
Hand Delivered
) Overnight Mail
( J Facsimile
( Jj E-Mail
David J. Meyer
Senior Vice President and General Counsel
A vista Corporation
O. Box 3727
1411 E. Mission Ave., MSC-
Spokane, W A 99220-3727
david.meyer~avistacorp. com
) U.S. Mail
( )
Hand Delivered
) Overnight Mail
( ) Facsimile
( JJ E-Mail
Kelly Norwood
Vice President, State and Federal Regulation
A vista Utilities
O. Box 3727
1411 E. Mission Ave., MSC- 7
Spokane, W A 99220-3727
kelly .norwood~avistacorp.com
) U.S. Mail
( )
Hand Delivered
) Overnight Mail
( ) Facsimile
(./) E-Mail
Dennis E. Peseau, Ph.D.
Utility Resources , Inc.
1500 Liberty Street SE, Ste. 250
Salem, OR 97302
dpeseau~excite.com
) u.S. Mail
) Hand Delivered
( ) Overnight Mail
) Facsimile
( /J E-Mail
POTLATCH CORPORATION'S FIRST SET OF DISCOVERY REQUESTS TO A VISTA
CORPORATION - Page 9 of 10
Charles L.A. Cox
EVANS , KEANE
111 Main Street
O. Box 659
Kellogg, ID 83837
ccox~usamedia. tv
( ) u.S. Mail
( )
Hand Delivered
( ) Overnight Mail
( ) Facsimile
( ./j E-Mail
Brad M. Purdy
Attorney at Law
2019 N. 17th Street
Boise, ID 83702
bmpurdy~hotmail.com
( ) u.S. Mail
) Hand Delivered
( ) Overnight Mail
( 1 Facsimile
( Jj E-Mail
Michael Karp
147 Appaloosa Lane
Bellingham, W A 98229
michael~awish.net
) U.S. Mail
( )
Hand Delivered
) Overnight Mail
) Facsimile
( .Ij E-Mail
aU'
(:;,
()J( f14;
Conley E. Ward
POTLATCH CORPORATION'S FIRST SET OF DISCOVERY REQUESTS TO AVISTA
CORPORATION - Page 10 of