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Home My WebLink About200604202nd staff request to Avista.pdf, " CECELIA A. GASSNER DEPUTY ATTORNEY GENERAL IDAHO PUBLIC UTILITIES COI\1MISSION PO BOX 83720 BOISE, IDAHO 83720-0074 (208) 334-0314 BAR NO. 6977 , ".,.' ;" '~';-', :'.. , ! i... ! Street Address for Express Mail: 472 W. WASHINGTON BOISE, IDAHO 83702-5983 Attorney for the Commission Staff BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF VISTA CORPORATION DBA A VISTA UTILITIES FOR AN ORDER APPROVING CORPORATE REORGANIZATION TO CREATE A HOLDING COMPANY, AVA FORMATION CORP. CASE NO. AVU-06- A VU-06- SECOND PRODUCTION REQUEST OF THE COMMISSION STAFF TO VISTA UTILITIES The Staff of the Idaho Public Utilities Commission, by and through its attorney of record Cecelia A. Gassner, Deputy Attorney General, requests that A vista Corporation ("A vista" or Company ) provide the following documents and information on or before THURSDAY, l\1AY 11 2006. The Company is reminded that pursuant to Commission Rules of Procedure, responses must include the name and phone number of the person preparing the document, and the name, location and phone number of the record holder. Reference IDAPA 31.01.01.228. This Production Request is to be considered as continuing, and A vista is requested to provide by way of supplementary responses, additional documents that it or any person acting on its behalf may later obtain that will augment the documents produced. SECOND PRODUCTION REQUEST TO A VISTA APRIL 20, 2006 Please provide answers to each question; supporting workpapers that provide detail or are the source of information used in calculations; the name and telephone number of the person preparing the documents; and the name, location and telephone number ofthe record holder. For each item, please indicate the name of the person( s) preparing the answers , along with the job title of such person(s) and the witness who can sponsor the answer at hearing. Request No.2: Please provide specific ring fencing procedures used by both Avista Utilities and AVA Formation which outline any and all segregation protocols; including those for Cash Management activities, Financing, Cost Allocations and Prudent Business Practices. Request No.3: Please provide a list of the Board of Directors of both AVA Holdings and A vista. Request No.4: For the members of the Board of Directors (AVA) please provide thebackground of each member. Request No.5: Describe the limitations on the Company s activities with regard to maintaining separate books and records Request No.6: Provide documentation for the separate legal entities. State how the organizations (AVA Holdings & A vista Utilities) will provide the public with sufficient identification as a separate legal entity. Request No.7: Describe how the companies will distinguish themselves in conducting business in separate names. Request No.8: Describe tax return provisions for each entity. Request No.9: Provide the organization s policy and procedures addressing the segregation of assets and how assets will not be commingled. Request No. 10: Describe how liabilities will be paid from separate corporate funds. Request No. 11: Provide details, including written restrictions, on how an "arms length" relationship will be managed between affiliates. Request No. 12: Provide a description of how salaries will be paid from separate corporate funds. Request No. 13: Please describe how the credit of one entity will not be used to satisfy the obligations of the other. SECOND PRODUCTION REQUEST TO A VISTA APRIL 20, 2006 Request No. 14: Please provide copies of any legal restrictions implemented for the above protective mechanisms. Request No. 15: Describe how separate credit ratings will be maintained. Request No. 16: Provide copies of communications with credit rating agencies related to separate credit ratings. Request No. 17: Completely describe the Equity Interest relationship between entities, how they are segregated, and describe how limitations will be set on Distributions and Capital Structure. Request No. 18: Please provide all documents, including any applicable contracts, establishing the procedures described in the above responses. If contracts are not signed, please provide the draft contracts and indicate the expected execution date. Request No. 19: Please provide copies of the Corporate Charter for AVA Holdings and Avista Utilities. Request No. 20: Please provide the name of the Independent Director of AVA Holdings. Dated at Boise, Idaho this ~day of April 2006. ceceJ Deputy Attorney General Technical Staff:Tom McKeown i:umisc:prod req/avueO6, avugO6, lcgtm prod req SECOND PRODUCTION REQUEST TO AVISTA APRIL 20, 2006 CERTIFICATE OF SERVICE HEREBY CERTIFY THAT I HAVE THIS 20TH DAY OF APRIL 2006 SERVED THE FOREGOING SECOND PRODUCTION REQUEST OF THE COMMISSION STAFF TO AVISTA CORPORATION DBA AVISTA UTILITIES, IN CASE NO. AVU-06-1/AVU-06-, BY E-MAILING A COpy THEREOF AND BY MAILING A COpy THEREOF, POSTAGE PREPAID, TO THE FOLLOWING: DAVID J. MEYER SR VP AND GENERAL COUNSEL A VISTA CORPORATION PO BOX 3727 SPOKANE W A 99220-3727 E-mail dmeyer(ip,avistacorp.com KELLY NORWOOD VICE PRESIDENT - STATE & FED. REG. A VISTA UTILITIES PO BOX 3727 SPOKANE WA 99220-3727 E-mail Kelly.norwood~avistacorp. com k) 4Jbn~SECRETARY CERTIFICATE OF SERVICE