20230323United 1-17 to Burley.pdf

Peter J. Richardson
ISB No.3195
Richardson Adams PLLC
515 N. 27th Street
Boise,ldaho 83702
Telephone: [phone] I
Fax: [phone]
peter@richardsonadams. com
Attorneys for United Electric Co-op, Inc
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
CASE NO. Cl5-E-23-01
IN THE MATTER OF UNITE,D ELECTRIC
CO-OP INC.'S FORMAL COMPLAINT FOR
VIOLATION OF CONTRACT ENTERED
INTO PURSUANT TO THE IDAHO
ELECTRIC STABILIZATTON ACT
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FIRST PRODUCTION REQUEST
AND REQUESTS FOR ADMISSION
OF LINITED ELECTRIC CO-OP, TNC
TO THE CITY OF BURLEY
Pursuant to Rule 225 of the Rules of Procedure of the Idaho Public Utilities
Commission (the "Commission" or "IPUC"), United Electric Co-op, Inc, by and through
its attorney of record, Peter J. Richardson, hereby requests that the City of Burley
("City") provide its responses to the following Requests for Production of documents and
Requests for Admission.
These Production Requests and Requests for Admission are to be considered as
continuing, and the City 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/update the documents produced.
Page I
Frrìs't PRoDtJC'ftoN RFIQUEST AND
REQUESTS FOR ADMTSSTON OF
UNI'IED ET,EC'I'RIC CO-OP TO TFIE CI'I'Y OF I]URT,F,Y
RECEIVED
2023 March 23, AM 10:49
IDAHO PUBLIC
UTILITIES COMMISSION
Please provide one copy of the City's responses to Mr. Richardson at the address
noted above and one copy to Mr. Michael Danington at 1330 21't Street Heyburn, Idaho
83336. In lieu of physical copies, electronic copies of your responses may be provided to
Mr. Richardson at the email noted above and to Mr. Darrington at:
mdarrington@uec. coop.
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 at hearing who can sponsor the
answer
For purposes of the following, references to "Suntado" are references to Suntado,
LLC's proposed dairy/milk processing facility in Burley, Idaho and to Suntado, LLC and
its employees, agents, contractors and persons or entities operating under (or at) its
control or direction. References to the City includes references to the City of Burley, its
employees, agents, mayor, council members and contractors and persons or entities
operating under (or at) its control or direction.
REQUESTS FOR ADMISSION and PRODUCTION REQUESTS
REOUEST FOR ADMISSION NO. I:
Please admit that the City has begun to construct the necessary infrastructure for it to
provide electric service to Suntado.
PRODUCTION REOUEST NO. 1:
Please provide copies of all documents in the City's possession that address the
City's provision of electric service to Suntado, inclusive of all communications the City
has had with Suntado. Include all line and/or service extension agreements and copies of
Page 2
FIRST PRODUC'IION REQUEST AND
REQUFTS'.t'S FOR ADMTSSTON OF
UNI'f ED tJI,F]C]'RIC CO-OP'fO'I'FIE CI'I'Y OF BLJRI,I,,Y
all bills and expenditures made by the City in furtherance of its provision of electric
service to Suntado.
EST FOR ADMISSION 2
Please admit that the Suntado plant is located in the area identified as the exclusive
service territory of United Electric Co-op, Inc. pursuant to the existing Territory Agreements and
Amendments that were the subject of the City's and United's joint application in IPUC Docket
No. GNR-E-03-03.
PRODUCTION REOUEST NO. 2:
If you deny Request for Admission No. 2,then please provide all documentation in
support of your denial, including correspondence, maps, agreements and IPUC orders.
REOUEST FOR ADMISSION NO.3:
Please admit that the referenced Territory Agreements and Amendments that were the
subject of the City's and United's joint application (dated June 12,2003) in ldaho PUC docket
No. GNR-E-03-03 have not been amended, altered or revised since the time of filing of the joint
application in GNR-E-03-03.
PRODUCTION REOUEST NO. 3:
If you deny Request for Admission No. 3, then please provide all documents in support
of your denial, including correspondence, maps, agreements and IPUC orders.
PRODUCTION REQUEST NO. 4:
Please provide copies of all correspondence between the City and the Bonneville Power
Administration and/or the ldaho Power Company regarding the City's proposed provision of
electric service to Suntado.
Page 3
FrRST PROI)UC'r'rON REQUT.TST AND
REQTJI-rS'fS FOR ADMTSSTON OF
LJNI IEI) tlllECl'RIC CO-OP T'O l'llE Cl'l'Y OF UUR[-t1Y
PRODUCTION REOUEST NO. 5
Please provide copies of all documents in the City's possession or control relating to the
City's compliance with the ldaho law known as the Electric Supplier Stabilization Act.
PRODUCTION REOUEST NO. 6:
Please provide all documents in the City's possession or control relating to its
compliance, or lack thereof,, with the Service Territory Agreements referenced in Request for
Admission No. 2.
PRODUCTION REQUEST NO. 7:
Please provide copies of allcorrespondence that the City and/or Suntado has had with the
Idaho Public Utilities Commission, individual Commissioners of the Idaho Public Utilities
Commission and/or the Staff of the ldaho Public Utilities Commission regarding the respective
service territories of the City and United Electric Co-op, Inc. and/or the provision of electric
services to Suntado.
PRODUCTION REOUEST NO. 8:
Please provide copies of all correspondence from the City to United Electric's members
regarding the provision of electric service by the City including, specifically, those United
Electric's members residing on Almo Avenue in the City of Burley in the year 2021 .
PRODUCTION REOUEST NO. 9:
Please identifl, the date the City physically began construction on the electric service line
and/or facilities necessary for the City to provide electric service to Suntado. lf construction is
not complete, please identifo the anticipated completion date. Provide one-line diagrams of the
service line and the anticipated final one-line diagrams showing the ultimate build out of service
by the City to serve Suntado.
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FrRSl' PRODUC'ilON REQTJES'r AND
REQUI.]SI-S FOR ADMISSION OIì
L,INI'I'ED F,T,EC]'RIC CO.OP TO I'TID CI'I'Y Ot.' BI.JRI,T.,Y
PRODTJCTION UEST NO. IO:
Please separately identify the City's proposed and/or anticipated meter charges, demand
charges, customer charges and energy rates the City will charge Suntado for electric service once
it begins operating. Please provide all studies and analysis showing the impact of the City's
service to Suntado will have on the City's other electric customers and/or the City's overall
finances.
PRODTJCTION ESTNO I I:
Please provide a copy of the minutes, notes, emails, and any other documents associated
with the City of Burley's Electric Committee meeting that was held on December 13,2022.
Please identify all of the meeting's attendees, their professional titles and affiliation with the City
PRODUCTION REOUEST NO. I2:
Pursuant to the Cify of Burley Electric Committee meeting minutes held on December
13,2022, please describe the'omany issues and problems in the city because of redundance of
service within city limits."
PROI)IJCTION EOUEST NO. I3
Pursuant to the City of Burley Electric Committee meeting minutes held on December
13,2022, please describe what is meant by the sentence, "it is not safe and as the city grows these
problems will continue."
PRODUCTION REQUEST NO. I4:
Has the City subrnitted a Technical Requirements for Interconnection Transmission Line
and Loads Connection Information Forrn (BPA F 6420.25e), or its equivalent, to the Bonneville
Power Administration ("BPA") applicable to the Suntado Project or the City's facilities to serve
Suntado's electric load? If one has been submitted, please provide a copy of the form, identify its
current status, and provide copies of any report(s) and allthe City's communications with BPA
regarding the same.
Page 5
FilìST' PRODUC'f rON REQUES t' AND
REQUES'I'S FOR ADMISSfON OF
UNITED EI,I]C'IRIC CO-OI' I'O ]'FII] CI'IY OF BURLEY
PRODUCTION REOUEST NO. I 5:
Please provide copies of all Feasibility Studies, System Impact Studies, and Facilities
Studies applicable to transmission capacity to serve Suntado's electric load.
PRODUCTION REOUEST NO. I6:
Please describe all grants, donations, debt or expense forgiveness or similar benefits that
are expected to be received (or have been received) by the City or by Suntado for the intended use
of providing electric service to Suntado.
PRODUCTION REOUEST NO. I7:
Please provide all cost-of-service studies completed or begun by the City to determine
whether Suntado's rates and anticipated revenues are expected to fully recover the City's cost to
meet Suntado's expected service needs. Please provide all workpapers and supporting documents
used or referenced in the preparation of said cost-of-service studies and identify the names and
titles of those preparing the same.
DATED this 23rd day of March2023
Richardson Adams, PLLC
By
Peter J.
Page 6
FIRST PRODUCTION REQUEST AND
REQUESTS FOR ADMISSION OF
UNITF]D ELECTRIC CO-OP TO TFIE CITY OF' BURT,EY
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the23'd day of March2023,a true and correct copy
of the within and foregoing FIRST PRODUCTION REUEST and REQUESTS FOR
ADMISSION of United Electric Co-op, Inc. was served by electronic means only to:
David Shirley, City Attomey
City of Burley
[e-mail]
Jaxon Munns, Esq.
City of Burley, Special Counsel
[e-mail]
Chris Burdin, Deputy Attorney General
Idaho Public Utilities Commission
chri s.burdin@nuc. idaho. gov
Jan Noriyuki, Secretary
Idaho Public Utilities Commission
j an.noriyuki@puc. idaho. gov
Peter Richardson, ISB # 3195
Page 7
FIRST PRODUC'|ION REQUEST AND
REQUESTS FOR ADMISSION OF
UNI"|ED ELECTRIC CO-OP TO THE CITY OF BURLEY