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HomeMy WebLinkAbout200405062nd Request of Potlatch to Avista.pdfConley E. Ward (ISB No. 1683) GIVENS PURSLEY LLP 601 W. Bannock Street O. Box 2720 Boise, ID 83701-2720 Telephone No. (208) 388-1219 Fax No. (208) 388-1300 cew~givenspursley.com ""'!""" IVE. , ,,- -' . C!! rIL.~ 2nn~ MAY -, PH 4: 3; J ,"LULIe UTiliTIES COMMISSION Attorneys for Potlatch Corporation S:\CLlENTS\1314\S4\POllatch 2nd Disc Req 10 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' SECOND 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 CORPORATION'S SECOND SET OF DISCOVERY REQUESTS TO AVISTA ORIGINALCORPORATION - Page 1 of 12 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. POTLATCH CORPORATION'S SECOND SET OF DISCOVERY REQUESTS TO A VISTA CORPORATION - Page 2 of 12 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 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; POTLATCH CORPORATION'S SECOND SET OF DISCOVERY REQUESTS TO A VISTA CORPORATION - Page 3 of 12 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 of the document, number of pages of the document, the number(s) of the request to which such document is responsive and the identity ofthe 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 ofthe 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 SECOND SET OF DISCOVERY REQUESTS TO A VISTA CORPORATION - Page 4 of 12 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. 21: Please refer to Mr. Morris s testimony at page 16, lines 18-21. Is A vista proposing in this filing a rate increase associated with the AMR to be adopted in a subsequent filing? Please explain the general purpose of the accounting proposal regarding AMR in this context. REQUEST NO. 22: Please refer to Mr. Morris s testimony at page 17, lines 13-17. For each year from 2003 through 2006, specify the annual increases in A vista s firm transmission and load carrying capability resulting from the annual transmission capital expenditures. REQUEST NO. 23: Again please refer to Mr. Morris s testimony at page 17, lines 13- 17. Does the proposed inclusion of transmission capital costs in rate base amount to a request to include $9 million of CWIP in rate base? Please explain why or why not. REQUEST NO. 24: Please refer to Mr. Morris s testimony at page 20, lines 1-14. Please provide the most recent manufacturer s estimates of the date that the transformer will be repaired and returned to the Coyote Springs site. POTLATCH CORPORATION'S SECOND SET OF DISCOVERY REQUESTS TO A VISTA CORPORATION - Page 5 of 12 REQUEST NO. 25: Please refer to Mr. Morris s testimony at page 17, lines 13-17. At what point after the return of the transformer does A vista expect Coyote Springs 2 to become used and useful? REQUEST NO. 26: Please refer to Mr. Morris s testimony at page 20, lines 9-10. Does the request at this point to include CS2 in rate base amount to a request to include CWIP in rate base? Please explain. REQUEST NO. 27: Please specify the monthly average energy output ofCS2 (Avista share) from July 2003 to January 15, 2004. Also provide monthly capacity factors of CS2. REQUEST NO. 28: Please provide copies of all rating agency reports on A vista Corporation s debt from January 1 , 1999 to the present. Please re-calculate the schedule appearing on pages 5-7 of Avista s response to Staff Data Request No. 108 assuming that Avista s debt rating had remained at the pre-downgrade levels. Assume the same issuance dates and specify any other assumptions and calculations made. Provide details sufficient to verify and replicate the results. REQUEST NO. 29: Please refer to Mr. Storro s testimony at page 5, lines 4-8. Was the 25-35 MW wind resource agreement in fact executed? Please provide a general description of on-line dates and performance expectations plus a copy of any executed agreement. REQUEST NO. 30: Please refer to Mr. Storro s testimony at page 5 , lines 13-20. Please explain what portion ofthe $6.6 million has been spent and when the estimated 17 MW and 3aMW of capacity and energy became available to A vista. REQUEST NO. 31: Please provide an update as of March 31 2004 of the CS2 construction cost figure cited at Mr.Lafferty page 24, lines 4- POTLATCH CORPORATION'S SECOND SET OF DISCOVERY REQUESTS TO A VISTA CORPORATION - Page 6 of 12 REQUEST NO. 32: Please provide an update as of the same date of the amounts cited by Mr. Lafferty at page 25, lines 3- REQUEST NO. 33: Please provide itemized cost components and documentation of the $3.7 million of CS2 operating costs Mr. Lafferty cites on page 28, lines 13-15. REQUEST NO. 34: Please provide in Excel-usable format details of all hedging activity by transaction conducted by A vista Utilities in the time frame April 1 , 2000-December , 200 I , including for each transaction: the date transactions were entered, the terms and type of hedge, and the broker and counterparty. REQUEST NO. 35: Please identify by name and title each individual participating in making, or approving each of the 4 hedging transactions identified as Deal A and Deal B , and describe the role each played in the transactions. REQUEST NO. 36: Please identify by name and title each individual directly authorizing each of Deals A and B. REQUEST NO. 37: Please identify by name and title the highest-ranking individual aware of each of Deals A and B prior to the entering of each transaction. REQUEST NO. 38: Please provide copies of all analyses, risk evaluations, gas market forecasts, memoranda and all other documents prepared for or used in the evaluation of and justification of, the timing and need for Deals A and B. REQUEST NO. 39: Please indicate the trading limit or exposure in dollars that any A vista trader or transactor may engage in, per transaction, if any. Provide the same information for all individuals involved in Deals A and Beven if no longer in Avista s employ. Provide sufficient details to fully explain how the trading limits are enforced. POTLATCH CORPORATION'S SECOND SET OF DISCOVERY REQUESTS TO A VISTA CORPORATION - Page 7 of 12 REQUEST NO. 40: Please provide transaction summaries for each and every hedge entered into by Avista Utilities in 2002 and 2003. REQUEST NO. 41: Provide on a monthly basis, November 2001 through March 2004 a comparison of each month's Deal A and Deal B hedged price actually paid by Avista Utilities with the monthly delivered index-based price for each corresponding month. REQUEST NO. 42: Please identify which of the transactions on Exhibit 7, Schedule 19 were for physical natural gas and which were financial trades. REQUEST NO. 43: Please provide a list with details of all other A vista Utilities hedging transactions for periods longer than 3 months entered into since January 1 2000. REQUEST NO. 44: Please refer to Mr. Lafferty's testimony on page 31 , lines 5-6 and explain how the 4 hedging transactions (as opposed to the original index purchase) added to gas supply. REQUEST NO. 45: Please provide copies Avista Uitilities' and Avista Energy monthly and cumulative hedging settlement reports for each of the Deal A and B hedging transactions (month-end mark-to-market for each of the 4 hedges) from April 2001 to the present. Provide all monthly detail necessary to replicate the calculations. REQUEST NO. 46: Please provide copies of all agreements, memoranda, codes of conduct or other documents that relate to Avista Energy s duties and obligations when providing brokerage or gas or electric supply services to Avista Utilities, Avista Corporation, or any of its affiliates. REQUEST NO. 46: Please explain how the price for the swaps between A vista Utilities and A vista Energy was determined or negotiated. POTLATCH CORPORATION'S SECOND SET OF DISCOVERY REQUESTS TO A VISTA CORPORATION - Page 8 of 12 REQUEST NO. 47: Please provide a detailed explanation of the reference in Exhibit , Schedule I , line 67 to a "Puget Sale" in the amount of $10 279 000. REQUEST NO. 48: Re: Exhibit 10, 2 of 2, line 80. Ifthis entry is "expense for gas purchased for, but not consumed for generation" and is purchased at index-based prices, why has it not been "flipped" or simultaneously re-sold into the same indexed market at the same price? In other words, why aren t the figures $17.8 million and $40.9 million the same? Please provide a detailed explanation. REQUEST NO. 49: Re: Exhibit 7, Schedule 21 , page 1 of70. Please provide a detailed explanation with supporting documents for the statement "Seemed to be a lack of transport available - Newport not interested in releasing to Av. Had lost out on bid for GTN transport available 11/1/02" REQUEST NO. 50: Re: Exhibit 7, Schedule 21 , page 1 of70. Please provide a detailed explanation of the meaning, under Transmission Alternatives the statement "May be dropped off Kingsgate - RGEN - STAN - COYO or MALIN" REQUEST NO. 51: Please provide copies of the monthly reports on the "Commission Basis" referenced by Mr. Falkner at page 5 of his testimony. REQUEST NO. 52: Please provide in Excel format the cost of service model used in the testimony and exhibits of Ms. Tara Knox. REQUEST NO. 53: Please provide the results of spreading the $16.3 million annual revenue reduction on a kwh basis rather that the uniform percentage basis described by Mr. Hirshkorn, at page 3, lines 16-21. POTLATCH CORPORATION'S SECOND SET OF DISCOVERY REQUESTS TO A VISTA CORPORATION - Page 9 of 12 REQUEST NO. 54: Please provide, for the calendar year 2003, complete electric revenue normalization assumptions, inputs and supporting data and work papers (Hirshkorn pages 6-7). REQUEST NO. 55: Please provide, for the calendar year 2003, customer counts customer usage and customer class revenues. REQUEST NO. 56: Please provide the most recent load forecasts by customer class for 2004, 2005 and 2006. REQUEST NO. 57: Please provide monthly index prices in Excel format for each month January 2001 through December 2003 at Sumas, Kingsgate, Malin, Stanfield, AECO Opal (or Rockies) and NYMEx. Also, please provide the Enron OnLine or TFS or other sheets that are contemporaneous with the referenced index prices. DATED this 6th day of May 2004. wJJ POTLATCH CORPORATION'S SECOND SET OF DISCOVERY REQUESTS TO A VISTA CORPORATION - Page 10 of 12 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 6th day of May 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 ( ) u.S. Mail ( .I) 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 j hammon~puc. state .id. us ( ) U.S. Mail ) Hand Delivered ) Overnight Mail ( ) 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 ( II E-Mail Dennis E. Peseau, Ph. Utility Resources, Inc. 1500 Liberty Street SE, Ste. 250 Salem, OR 97302 dpeseau~excite.com (v'J U.S. Mail ( ) Hand Delivered ( ) Overnight Mail ) Facsimile (./J E-Mail POTLATCH CORPORATION'S SECOND SET OF DISCOVERY REQUESTS TO AVISTA CORPORATION - Page 11 of Charles LA. Cox EVANS, KEANE 111 Main Street O. Box 659 Kellogg, ID 83837 ccox~usamedia. tv ( v') u.S. Mail ) Hand Delivered ( ) Overnight Mail ( ) Facsimile ( ) E-Mail ( J) U.S. Mail ( ) Hand Delivered ( ) Overnight Mail ) Facsimile ( ) E-Mail ( .IJ U.S. Mail ( ) Hand Delivered ( ) Overnight Mail ( ) Facsimile ) E-Mail Brad M. Purdy Attorney at Law 2019 N. 1 ih Street Boise, ID 83702 bmpurdy~hotmail.com Michael Karp 147 Appaloosa Lane Bellingham, W A 98229 michael~awish.net POTLATCH CORPORATION'S SECOND SET OF DISCOVERY REQUESTS TO A VISTA CORPORATION - Page 12 of