20051025Avista 1st request to Thompson.pdf

THE IA W OFFICE OF
PAINE, HAMBLEN, COFFIN, BROOKE & MILLER LLP
R. Blair Strong
Partner
717 WEST SPRAGUE AVENUE
SUITE 1200
SPOKANE, WASHINGTON 99201-3505
[phone]
FAX: [phone]
www.painehamblen.com
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October 24, 2005
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Ms. Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
472 W. Washington
Boise, ill 83702-5983
Via Federal Express
Re:Thompson River Co-Gen, LLC vs. Avista Corporation
Idaho Public Utilities Commission Case No.: A VU-O5-
Dear Ms. Jewell:
Enclosed please find for filing an original and three copies of A vista Corporation s First
Production Request to Thompson River Co-Gen in the above referenced matter. Please conform and
return our copy in the self-addressed, stamped envelope provided.
Should you have any questions, please do not hesitate to contact our office.
Very truly yours
PAINE, HAMBLEN, COFFIN
BROOKE & MILLER LLP
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R Blair Strong
I:\Spodocs\11150\O4137\1tr\OO354738.WPD
Enclosurescc Bob Lafferty
Mike Fink
Limited Liability Partnership
Offices in Spokane .Coeur d'Alene. Kennewick
David J. Meyer
VP and Chief Counsel for
Regulatory & Governmental Affairs
A vista Corporation
1411 E. Mission Avenue, MSC-
PO Box 3727
Spokane, W A 99220-3727
[phone]
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
THOMPSON RIVER CO-GEN, a
Colorado Company,
Complainant
vs.
VISTA CORPORATION, a
Washington Corporation
Respondent.
CASE NO. A VU-05-
FIRST PRODUCTION REQUESTS OF
VISTA CORPORATION TO
THOMPSON RIVER CO-GEN
A vista Corporation, requests that Complainant, Thompson River Co-Gen, provide the
following documents and information no later than November 21 2005:
I. D EFINITI 0 N
Documents" refers to all writings and records of every type in your possession
control, or custody, whether or not claimed to be privileged or otherwise
excludable from discovery, including but not limited to: testimony and exhibits
memoranda, papers, correspondence, letters , reports (including drafts
preliminary, intermediate , and final reports), surveys, analyses, studies (including
economic and market studies), summaries, comparisons , tabulations, bills
invoices, statements of services rendered, charts, books, pamphlets, photographs,
maps, bulletins, corporate or other minutes, notes, diaries , log sheets , ledgers
transcripts , microfilm, microfiche, computer data (including E-mail), computer
files, computer tapes , computer inputs, computer outputs and printouts , vouchers
accounting statements, budgets, workpapers , engineering diagrams (including
one-line" diagrams), mechanical and electrical recordings, telephone and
telegraphic communications, speeches, and all other records, written, electrical
mechanical, or otherwise, and drafts of any of the above.
FIRST PRODUCTION REQUESTS OF
A VISTA CORPORATION
Documents" includes copies of documents, where the originals are not in your
possession, custody or control.
Documents" includes every copy of a document which contains handwritten or
other notations or which otherwise does not duplicate the original or any other
copy.
Documents" also includes any attachments or appendices to any document.
Identification" and "identify" mean:
When used with respect to a document, stating the nature of the document
(~,
letter, memorandum, corporate minutes); the date, if any, appearing thereon; the
date, if known, on which the document was prepared; the title of the document;
the general subject matter of the document; the number of pages comprising the
document; the identity of each person who wrote, dictated, or otherwise
participated in the preparation of the document; the identity of each person who
signed or initiated the document; the identity of each person to whom the
document was addressed; the identity of each person who received the document
or reviewed it; the location of the document; and the identity of each person
having possession, custody, or control of the document.
When used with respect to a person, stating his or her full name; his or her most
recently known home and business addresses and telephone numbers; his or her
present title and position; and his or her present and prior connections or
associations with any participant or party to this proceeding.
Thompson River Co-Gen" refers to Thompson River Co-Gen, LLC, any
affiliated company, or any officer, director or employee of Thompson River Co-
Gen, or any affiliated company.
Person" refers to, without limiting the generality of its meaning, every natural
person, corporation, partnership, association (whether formally organized or
hoc), joint venture, unit operation, cooperative, municipality, commission
governmental body or agency, or any other group or organization.
Studies" or "study" includes, without limitation, reports, reviews, analyses and
audi ts.
The terms "and" and "" shall be construed either disjunctively or conjunctively
whenever appropriate in order to bring within the scope of this discovery any
information or documents which might otherwise be considered to be beyond
their scope.
The singular form of a word shall be interpreted as plural, and the plural form of a
word shall be interpreted as singular, whenever appropriate in order to bring
FIRST PRODUCTION REQUESTS OF
A VISTA CORPORA nON
within the scope of this discovery request any information or documents which
might otherwise be considered to be beyond their scope.
The term "Project" refers to the co-generation facility owned and operated by
Thompson River Co-Gen near Thompson Falls, Montana that will produce
electric power that Thompson River Co-Gen proposes to sell to Avista. The
Project includes all station service loads that are associated only with generation
of power by Thompson River Co-Gen.
II.INSTRUCTIONS
These requests call for all information, including information contained in
documents, which relate to the subject matter of the Production Request and
which is known or available to you.
Where a Production Request has a number of separate subdivisions or related
parts or portions, a complete response is required to each such subdivision, part or
portion. Any objection to a Production Request should clearly indicate the
subdivision, part, or portion of the Production Request to which it is directed.
The time period encompassed by these Production Requests is from 1990 to the
present unless otherwise specified.
Each response should be furnished on a separate page. In addition to a hard copy,
electronic versions of the document, including studies and analyses, must also be
furnished, if available, in the originating software, with all formulae intact.
If you cannot answer a Production Request in full, after exercising due diligence
to secure the information necessary to do so, state the answer to the extent
possible, state why you cannot answer the Production Request in full, and state
what information or knowledge you have concerning the unanswered portions.
, in answering any of these Production Requests, you feel that any Production
Request or definition or instruction applicable thereto is ambiguous, set forth the
language you feel is ambiguous and the interpretation you are using in responding
to the Production Request.
If a document requested is unavailable, identify the document, describe in detail
the reasons the document is unavailable, state where the document can be
obtained, and specify the number of pages it contains.
If you assert that any document has been destroyed, state when and why it was
destroyed and identify the person who directed the destruction. If the document
was destroyed pursuant to your document destruction program, identify and
FIRST PRODUCTION REQUESTS OF
VISTA CORPORATION
produce a copy of the guideline, policy, or company manual describing such
document destruction program.
If you refuse to respond to any Production Request by reason of a claim of
privilege, confidentiality, or for any other reason, state in writing the type of
privilege claimed and the facts and circumstances you rely upon to support the
claim of privilege or the reason for refusing to respond. With respect to requests
for documents to which you refuse to respond, identify each such document, and
specify the number of pages it contains. Provide: (a) a brief description of the
document; (b) date of document; (c) name of each author or preparer; (d) name of
each person who received the document; and (e) the reason for withholding it and
a statement of facts constituting the justification and basis for withholding it.
Identify the person from whom the information and documents supplied in
response to each Production Request were obtained, the person who prepared
each response, the person who reviewed each response, and the person who will
bear ultimate responsibility for the truth of each response.
10.
11.If no document is responsive to a Production Request that calls for a document,
then so state.
These requests for documents and responses are continuing in character so as to
require you to file supplemental answers as soon as possible if you obtain further
or different information. Any supplemental answer should refer to the date and
use the number of the original request or subpart thereof.
12.
Whenever these Production Requests specifically request an answer rather than
the identification of documents, the answer is required and the production of
documents in lieu thereof will not substitute for an answer.
13.
Please provide the responses to these Production Requests by Friday, November 21,
2005, to:
David J. Meyer
VP and Chief Counsel for
Regulatory & Governmental Affairs
A vista Corporation
1411 E. Mission Avenue, MSC-
PO Box 3727
Spokane, W A 99220-3727
[phone]
[phone] (FAX)
david.meyerem avistacorp.com
FIRST PRODUCTION REQUESTS OF
A VISTA CORPORATION
Mike Fink
State & Federal Regulation
A vista Corporation
1411 E. Mission Avenue, MSC-
PO Box 3727
Spokane, W A 99220-3727
[phone]
[phone] (FAX)
mike Jink em avistacorp.com
III.PRODUCTION REQUESTS
Please provide a copy of all responses, including any attached documents or other
materials, submitted by Thompson River Co-Gen to the production requests of
other parties and the Commission staff in this docket.
Are the electric facilities of the Project, the Thompson River Lumber Company,
and the NorthWestern Energy transmission system interconnected to a common
electrical bus?
Please provide an Excel spreadsheet showing the amount of power, expressed in
kilowatt-hours, delivered by Thompson River Co-Gen to the NorthWestern
Energy transmission system as measured by the metering equipment located at the
point of interconnection between the Project common electrical bus and the
transmission system owned and operated by NorthWestern Energy for each hour
of each day beginning with the first day on which the Project began to generate
power and continuing through today.
Please provide an Excel spreadsheet showing the amount of power, expressed in
kilowatt-hours, delivered from the NorthWestern Energy transmission system to
Thompson River Lumber Company and/or the Project as measured by the
metering equipment located at the point of interconnection between the Project
common electrical bus and the transmission system owned and operated by
NorthWestern Energy for each hour of each day beginning with the first day on
which the Project began to generate power and continuing through today.
Is there a meter that measures the electric power delivered only to the Project load
when the Project is not generating power? (For clarification, Project load for
purposes of the Production Requests excludes the electric load of Thompson
River Lumber Company.
Please provide an Excel spreadsheet showing the amount of power, expressed in
kilowatt-hours, delivered to the Project, from the Project common electrical bus
when the Project is not generating power for each hour of each day beginning
with the first day on which the Project began to generate power and continuing
through today.
Please provide an Excel spreadsheet showing the amount of power, expressed in
kilowatt-hours, delivered from the Project to the Project common electrical bus
net of Project load, when the Project is generating power, for each hour of each
day beginning when the first day on which the Project began to generate power
and continuing through today. (For clarification, Project load for purposes of the
Production Requests excludes the electric load of Thompson River Lumber
Company.
FIRST PRODUCTION REQUESTS OF
A VISTA CORPORATION
10.
11.
12.
Does Thompson River Co-Gen have in place arrangements with any party to
supply power to the Project when the Project is not generating power?
If the answer to Date Request 8 is yes, please state with whom the arrangements
exist, and please provide a copy of all documents that set forth the arrangements.
Is there electric metering equipment located at a point that measures the power
flow between the Project common electrical bus and Thompson River Lumber
Company?
If your response to Date Request 10 is yes, please provide an Excel spreadsheet
showing the amount of power, expressed in kilowatt-hours, delivered to
Thompson River Lumber Company as measured by the metering equipment
located at the point of interconnection between the Project common electrical bus
and the Thompson River Lumber Company for each hour of each day beginning
with the first day on which the Project began to generate power continuing
through today.
If your response to Date Request 10 is no, please explain if and how the amount
of electric power delivered from the Project common electrical bus to Thompson
River Lumber Company is determined, and provide hourly records of such
determination beginning with the first day on which the Project began to generate
power to date. If hourly records are not available, please provide data in the form
available.
13.Is there equipment that measures the steam delivered from the Project to
Thompson River Lumber Company?
14.Please describe the manner in which steam deliveries are measured and please
provide an Excel spreadsheet showing the amount of steam energy, expressed in
BTU', delivered by Thompson River Co-Gen from the Project to Thompson
River Lumber Company for each hour of each day beginning with the first day on
which the Project began to produce steam. If hourly data is not available, please
provide daily data. To the extent daily data is not available, please provide any
data concerning recorded steam deliveries made by Thompson River Co-Gen to
Thompson River Lumber Company to date.
15.For what period of time or term does Thompson River Co-Gen have arrangements
for firm coal supply?
16.With regard to coal supply, please state with what party the arrangements exist
and please provide a copy of all documents that set forth the arrangements.
17.Does Thompson River Co-Gen have arrangements with NorthWestern Energy or
any other party, for sufficient firm transmission capacity to accommodate the
dynamic scheduled output from the Project to the Burke delivery point at A vista
system in the state of Idaho for a period of 20 years?
FIRST PRODUCTION REQUESTS OF
A VISTA CORPORATION
18.
19.
20.
21.
22.
the answer to Production Request 17 is yes, please state with whom the
arrangements exist, and please provide a copy of all documents that set forth such
arrangements.
Please state the maximum amount of Project power net output (net of Project load
only) that can be delivered to the Project common electrical bus during the hour
of highest Project output? (For clarification, Project load for purposes of the
Production Requests excludes the electric load of Thompson River Lumber
Company.
Is Thompson River Co-Gen willing to deliver Project output to an alternate
delivery point in the state of Idaho should the primary point of delivery at Burke
be unavailable due to outages, either forced or planned, on either the
NorthWestern Energy transmission system or the Avista transmission system?
If the answer to Production Request 20 is yes, please state the circumstances
under which Thompson River Co-Gen is willing to deliver Project output to an
alternate delivery point in the state of Idaho and also please state if Thompson
River Co-Gen is willing to commit to such deliveries at no cost to Avista?
Is Thompson River Lumber a separately owned company from Thompson River
Co-Gen?
23.Please list the owners of Thompson River Co-Gen.
24.Please list the owners of Thompson River Lumber.
25.Is there a common management or operational agreement or arrangement between
Thompson River Lumber and Thompson River Co-Gen? If there is such
agreement or arrangement, please describe the responsibilities of the parties and
provide a copy of those documents that set forth such agreement or arrangement.
26.Please provide a copy of the steam sales agreement(s) between Thompson River
Co-Gen and Thompson River Lumber.
27.For what period of time or term does Thompson River Co-Gen have arrangements
for firm wood fuel supply?
28.With regard to wood fuel supply, please state with what party the arrangements
exist, and please provide a copy of all documents that set forth the arrangements.
FIRST PRODUCTION REQUESTS OF
A VISTA CORPORATION
Respectfully submitted this 24st day of October, 2005
VISTA CORPORATION
By David J. Meyer
Vice President, Chief Counsel For
Regulatory and Governmental Affairs
FIRST PRODUCTION REQUESTS OF
A VISTA CORPORA nON
STATE OF WASHINGTON)
: ss.
County of Spokane
R. BLAIR STRONG, being first duly sworn on oath, deposes and says:
That I am now and at all times herein mentioned was a citizen of the United States
and a resident of the State of Washington, , over the age of 18 years, not a party to this
action; that on October 24, 2005 , I personally caused to have served a copy of FIRST
PRODUCTION REQUESTS OF A VISTA CORPORATION TO THOMPSON RIVER
CO-GEN as follows in the above-entitled action:
Jean Jewell S. Mail
CommissIOn Secretary Hand Delivery
472 W. Washington Facsimile
Boise, ID 83702-5983 Federal Express
Facsimile: 208-334-3762
Peter 1. Richardson, ISB# 3195 S. Mail
Richardson & O'Leary PLLC Hand Delivery
515 N. 27th Street E-mail
Boise, ID 83702 Federal Express
Facsimile: 208-938-7904
Mike Uda S. Mail
Doney, Crowley, Blumquist, Payne & Uda Hand Delivery
Suite 200 Mail
Diamond Block Overnight Mail
Helena, MT 59601
Scott Woodbury S. Mail
47 West Washington Street Hand Delivery
PO Box 83720 Mail
Boise, Idaho 83720-0074 Overnight Mail
1:,
R. Blair Strong
SIGNED and SWORN TO before me this 24th day of September, 2005.
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FIRST PRODUCTION REQUESTS OF
A VISTA CORPORATION
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Print Name: 'fil./lti/l
NOTARY PUBLIC in and for the State of
Washington, residing in Spokane.
Commission Expires: 1- '25 - 2tJ1J9