20180110WNIDCL 1-40 to Avista.pdf

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Danielle Franco-Malone
WSBA No. 40979
Schwerin Campbell Barnard Iglitzin
& Lavin LLP
l8 West Mercer Street, Ste. 400
Seattle, WA 98119-3971
206-257-6011 (phone)
206-378-4132 (fax)
[e-mail]
Attorney for Washington and Northern
Idaho District Council of Laborers
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
In the Matter of the Joint Application of
HYDRO ONE LIMITED and AVISTA
CORPORATION for Approval of
Merger Agreement.
CASE NOS. AVU E-17-09,
AVU-G-17-05
WASHINGTON AI\D
NORTHERN IDAHO DISTRICT
COUNCIL OF LABORERS
FIRST PRODUCTION
REQUEST TO AVISTA
Dated: January 9,2018
DEFINITIONS
"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
I _ WNIDCL'S FIRST PRODUCTION
REQUEST TO AVISTA
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LAW OFFICES OF
SCHWERIN CAMPBELL
BARNARD IGLITZIN & LAVITT LLP
18 WEST MERCER STREET SUITE 4OO
SEATTLE, WASHINGTON 98I I9-397I
[phone]
communications, speeches, and all other records, written, electrical, mechanical, or
otherwise, and drafts of any of the above.
"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" includes any attachments or appendices to any document.
2. "Identification" and "identify" mean:
When used with respect to a document, stating the nature of the document (e.9., 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.
"Avista" refers to Avista Corporation, Avista Utilities, any affiliated company or
subsidiary, or any officer, director or employee of Avista, or any affiliated company.
"Hydro One" refers to Hydro One Ltd., any affiliated company or subsidiary, or any
officer, director or employee of Hydro One, or any affiliated company.
"IPIJC" or the "Commission" refers to the Idaho Public Utilities Commission.
"Person" refers to, without limiting the generality of its meaning, every natural person,
corporation, partnership, association (whether formally organized or ad hoc), joint
venture, unit operation, cooperative, municipality, commission, governmental body or
agency, or any other group or organization.
7. "Studies" or "study" includes, without limitation, reports, reviews, analyses and audits.
PAGE 2 _ WNIDCL'S FIRST PRODUCTION
REQUEST TO AVISTA
LAW OFFICES OF
SCTIWERIN CAMPBELL
BARNARD IGLITZN & LAVITT LLP
I8 WEST MERCER STREET SUITE 4OO
SEATTLE, WASHINGTON 98I I9-]97I
[phone]
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The terms "and" and "or" 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 within the scope
of this discovery request any information or documents which might otherwise be
considered to be beyond their scope.
10."Contractors" means any companies or entities that perform work or services for Avista
using workers who are not directly employed by Avista. For purposes of these requests,
the term "contractors" is limited to work or services relating to Avista's utility operations.
ll "Contractor Personnel" refers to persons who work for contractors and are not in a direct
employment relationship with Avista.
12."Construction Contractor" refers to a contractor engaged by Avista to perform
construction work.
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 2007 to the present
unless otherwise specifi ed.
Each response should be furnished on a separate page. In addition to hard copy,
electronic versions of the document, including studies and analyses, must also be
furnished if available.
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.
If, 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
PAGE 3 - WNIDCL'S FIRST PRODUCTION
REQUEST TO AVISTA
LAW OFFICES OF
SCTIWERIN CAMPBELL
BARNARD IGLITZIN & LAVITT LLP
I8 WEST MERCER STREET SUITE 4OO
SEATTLE, WASHINGTON 98I I9.397I
[phone]
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feel is ambiguous and the interpretation you are using in responding to the Production
Request.
If a document requested is unavailable, identifu the document, describe in detail the
reasons the document is unavailable, state where the document can be obtained, and
speciff 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 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 speciff the number of pages it contains.
Please 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.
10 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 ofeach response.
ll If no document is responsive to a Production Request that calls for a document, then so
state.
t2 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.
l3 Whenever these Production Requests specifrcally 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.
l4 To the extent you believe it is burdensome to produce specific information requested,
please contact WNIDCL to discuss the problem prior to filing an answer objecting on that
basis to determine if the request can be modified to pose less difficulty in responding.
PAGE 4 - WNIDCL'S FIRST PRODUCTION
REQUEST TO AVISTA
LAW OFFICES OF
SCIIWERTN CAMPBELL
BARNARD ICLITZIN & LAVITT LLP
I8 WEST MERCER STREET SUITE 4OO
SEAT'rLE, WASHINCTON 981 l9-3971
[phone]
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l5 To the extent you object to any of the requests please contact WNIDCL to determine if
the request can be modified to produce a less objectionable request.
16. Please provide responses to these Production Requests by Tuesday, January 30, 2018.
II I.DATA REOUESTS
2.
I Provide copies of all production responses provided to other parties or Commission
sraff.
Provide all guidelines, policies, and other Documents prepared by or for Avista that
speci$, or concern or relate to, the circumstances in which Avista uses Contractor
Personnel in the perfofinance of Avista's utility operations in Washington.
To the extent not provided in response to Production Request No. l, provide all
guidelines, policies, and other Documents prepared by or for Avista that are applicable
to the performance of utility operations by Contractor Personnel in Washington.
To the extent not provided in response to Production Request Nos. I and2, provide all
guidelines, policies, and other Documents prepared by or for Avista that state, concern
or relate to the certifications required by Avista to work on a Washington maintenance,
capital, reliability, or other Washington construction project, including those that list of
all required certifications, from 2014 to present.
Provide copies of all Documents prepared by or for Avista that include information
concerning the number of contractor employees, full time equivalent positions
("FTE"), total labor hours, or any other data that details, by occupation, the number of
Contractor Personnel employed on maintenance, capital, reliability, or other
Washington construction projects from 2014 to present (by year).
Refer to commitment number 8 in the Master List of Commitments. Please clarify
whether Avista is making the same commitment to maintain compensation and benefits
for contractor personnel, and provide copies of all Documents prepared by or for
Avista that include information concerning the compensation and benefits for these
Contractor Personnel by occupation from 2014 to present.
Provide copies of all Documents prepared by or for Avista that include information
concerning the number of contractor employees who have obtained the requisite
certifications to work on a maintenance, capital, reliability, or other Washington
construction project, and a list of all required certifications from 2014 to present.
8. For each year during the period from 2014 to the present, provide the: (a) total amount
expended by Avista on construction labor; and (b) proportion of that total amount spent
on Construction Contractors or Contractor Personnel. Provide all supporting data
PAGE 5 - WNIDCL'S FIRST PRODUCTION
REQUEST TO AVISTA
LAW OFFICES OF
SCHWERIN CAMPBELL
BARNARD ICLITZIN & LAVITT LLP
I8 WEST MERCER STREET SUITE 4OO
SEATTLE, WASHINGTON 98I I9.397I
(206) 28s-2828
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(including worksheets).
For each year during the period from 2014 to the present, provide the amounts paid to
each Construction Contractor, and the scope of utility work performed by each.
10 For each capital investment projected to be undertaken during the period 2018-2021,
provide: (a) forecasted expenditures for projects to be performed by Construction
Contractors; and (b) the scope of the work to be performed by outside construction
contractors.
ll Provide all Documents, whether prepared by or for Avista, that state, detail, concern or
relate to potential changes to the post-merger processes or systems used to procure the
services of Construction Contractors. Your response should include changes being
considered, evaluated, explored, or otherwise contemplated,
t2 Provide all documents, whether prepared by or for Avista, including those received
from HydroOne, that detail any post-merger employment goals, commitments, or
understanding that concern or relate to Contractor Personnel.
13 Provide any analysis, document, or report that details plans to recruit additional direct
employees or contractor personnel necessary to sufficiently staff future capital
investments.
14,Provide all Documents that state or detail contractor or procurement goals as they
relate to Woman Business Enterprises and Minority Business Enterprises.
l5 Provide any Document, including analyses, data, reports, or surveys used to determine
projected contract labor expenditures.
16.Provide copies of the last five most recent contract awards for the provision of traffic
control services. Please include the Request for Proposal, technical evaluations used to
qualiff contractors, bid amounts and actual costs of the awarded contract, and any
evaluations of the performance of the winning bidder.
t7 Provide copies of any and all current Master Service Agreements (MSAs) between
Avista and any Contractor. For each such MSA, provide a schedule of when it will
expire, and the timeline in each instance (if any) for securing new MSA contracts.
18.Provide all third party damage reports generated from 2014 to current, and any reports
or root cause analyses performed on third party damages.
19. Provide copies of all pipeline reportable incidents from 2014 to current, and any
internal analyses or reports completed by Avista aimed at identify ways to reduce
pipeline safety risks.
PAGE 6 _ WNIDCL'S FIRST PRODUCTION
REQUEST TO AVISTA
LAW OFFICES OF
SCTIWERIN CAMPBELL
BARNARD IGLTTZIN & LAVITT LLP
18 WEST MERCER STREET SUTTE 4OO
SEATTLE, WASHTNCTON 98I I9.397I
[phone]
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Provide all Documents that detail the prequalification process by which outside
Construction Contractorsare selected to bid on capital or maintenance projects.
2l Provide all Documents used to assess the qualifications of Construction Contractors
bidding on capital or maintenance projects, including qualihcations that relate to the
contractor's capacity to meet any and all safety, regulatory,engineering, environmental,
legal, manpower, and financial requirements.
Provide a list of Contractors that have met the prequalihcation standards for
construction and maintenance projects described in the response to Production Request
No.20.
,L)Detail the process by which Contractor Personnel obtain Operator Qualification
certification. Provide copies of all Documents, including training curriculum, training
materials, and instructor qualification criteria, used or approved for use by Avista.
Provide all Documents prepared by or for Avista which state or describe policies,
procedures or guidelines that concern or relate to sub-contracted out services.
25.Identi$ and describe in detail all workforce safety, health, or environmental metrics
employed by Avista to measure Contractor performance. For the period 2014 until the
present, provide all Documents, including reports, analyses or studies, prepared by or
for Avista that contain or evaluate Contractor performance (whether using these metrics
or other performance measures).
26 Provide all analyses or other Documents prepared by or for Avista that compare or
contrast the performance (whether measured using safety, health, environmental,
timeliness, or any other productivity metrics) of each of the Contractors who have
worked on Avista's competitively bid capital or maintenanceprojects.
27 Provide copies of the last five most recent contract awards for capital projects valued at
over $ I million. Please include the Request for Proposal, technical evaluations used to
qualify contractors, bid amounts and actual costs of the awarded contract, and any and
all performance evaluations done by or for Avista after commencement of the project.
28 Provide all Documents regarding the applicability, or planned applicability, of any
health, safety, or environmental management system to Contractor Personnel and/or
Construction Contractors working on Avista maintenance, capital, reliability, or other
construction projects.
29. Provide all Documents, including communications, reports, violations, internal audits,
PAGE 7 - WNIDCL'S FIRST PRODUCTION
REQUEST TO AVISTA
LAW OFFICES OF
SCHWERIN CAMPBELL
BARNARD IGLITZIN & LAVITT LLP
I8 WEST MERCER STREET SUTTE 4OO
SEATTLE, WASHINGTON 98I I9.39?I
(2061 28s-2828
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and corrective action plans, which concern or relate to any investigation or review of
Contractor compliance with Avista's Operator Qualification program.
For the period 2017-2021, provide a list, timeline, and schedule for any future or active
capital projects valued at more than $l million, and any long-term planning or
supportive documents.
31.Describe in detail Avista's plans to recruit, train, and retain sufficient Contractor
Personnel to perform forecasted construction activities on capital, maintenance, and
reliability projects.
32.Describe Avista's plans to recruit, train, and retain sufficient Operator Qualified
contractor employees to perform forecasted construction activities on capital,
maintenance, and reliability projects.
33 Provide copies of any and all training programs administered by or approved by Avista
for contractor employees.
34. Detail annual amounts spent on training for contractor employees from 2010 to present.
Provide copies of all collective bargaining agreements, memoranda of understanding,
or other labor contracts that pertain to minimum standards that will be met for contract
personnel to which Avista or its Subsidiaries are signatories.
Provide all Documents that any beneficiaries of Avista's $4,000,000 in annual
charitable contributions (funded by both Avista and the Avista Foundation) as stated in
Appendix 8 to the Application, that are engaged in workforce training.
Provide any and all documents regarding Avista's existing levels of community
involvement as stated in Appendix 8 to the Application.
Provide any and all documents describing Avista's past practices concerning Economic
Development as stated in Appendix 8 to the Application.
Provide a list of all industry trade groups and membership organizations to which
Avista has paid dues within the last three years.
With regard to Commitment (10), provide all Documents regarding the metrics used by
Avista to determine or assess whether its "staffing and presence in communities in
which Avista operates" is sufficient to maintain the provision of safe and reliable
services and cost-effective operations.
PAGE 8 - WNIDCL'S FIRST PRODUCTION
REQUEST TO AVISTA
LAW OFFICES OF
SCI{WERIN CAMPBELL
BARNARD IGLITZIN & LAVITI LLP
18 WEST MERCER STREET SUITE 4OO
SEATTLE, WASHINGTON 98I I9.397I
[phone]
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CERTIFICATE OF SERVICE
I hereby certi$ that this 9th day of January, 2018, I served the foregoing Washington and
Northern Idaho District Council of Workers First Production Request to Avista upon all parties
of record in this proceeding, by electronic mail to:
Diane Hanian
Commission Secretary
Idaho Public Utilities Commission
427 W. Washington St.
Boise, ID 83720-5983
E-mail : secr etary @puc. idaho. gov
Patrick Ehrbar
Director of Rates
State & Federal Regulation
Avista Corporation
E-mail:
Patrick. ehrb ar @av istacorp. com
James Scarlett
Executive Vice President & Chief
Legal Officer
Hydro One Limited
E-mail: j scarlett@Hydroone. com
Ronald L. Williams
Williams Bradbury, PC
PO Box 388
Boise,ID 83701
E-mail : [e-mail]
David Meyer
Avista Corporation
PO Box 3727
Spokane, WA99220-3727
E-mail : [e-mail]
avistadockets@avistacorp. com
Elizabeth Thomas
Karie Vander Stoep
K&L Gates LLP
925 Fourth Avenue, Suite 2900
Seattle, A 98104-l 158
E-mail: [e-mail]
kari.vanderstoep@klgates. com
dirk.middents@klgates. com
Brandon Karpen
Deputy Attorney General
Idaho Public Utilites Commission
472W. Washington
PO Box 83720
Boise,ID 83720-0074
E-mail: [e-mail]
Larry A Crowley, Director
The Energy Strategies Institute, Inc.
5549 S. Cliffsedge Avenue
Boise,ID 83716
E-mail : cr owleyla@aol. com
Dean J. Miller
E-mail : deanj [e-mail]
PAGE 9 - WNIDCL'S FIRST PRODUCTION
REQUEST TO AVISTA
Peter J. Richardson
Richardson Adams, PLLC
515 N. 27th st.
Boise, ID 83702
E-mail : peter@richardsonadams. com
LAW OPFICES OF
SCHWERIN CAMPBELL
BARNARD ICLITZIN & LAVITT LLP
I8 WEST MERCER STREET SUITE 4OO
SEAT'TLE, WASHINGTON 98I I9.397I
[phone]
Dr. Don Reading
6070 Hill Road
Boise,ID 83703
E-mail : dreading@mindspring. com
Brad M. Purdy
Attorney at Law
2 109 N. l Tth Street
Boise, ID 83702
E-mail : bmpurdy@hotmail. com
PAGE IO - WNIDCL'S FIRST PRODUCTION
REQUEST TO AVISTA
Caro l. hauge n@clearw aterpap er. com
[e-mail]
John j acobs @clearw aterpap er. com
[e-mail]
Nathan. smith@clearwaterpaper. com
Benjamin J. Otto
Idaho Conservation League
710 N. 6th Street
Boise, ID 83702
E-mail : botto@idahoconservatation. org
Danielle Franco-Malone
LAW OFFICES OF
SCHWERIN CAMPBELL
BARNARD ICLITZIN & LAVITT LLP
I8 WEST MERCER STREET SUTTE 4OO
SEATTLE, WASHINGTON 981 I9.397I
[phone]