1stResponse.docx

Randall C. Budge
RACINE, OLSON, NYE, BUDGE &
BAILEY, CHARTERED
P.O. Box 1391; 201 E. Center Street
Pocatello, Idaho 83204-1391
Telephone: [phone]
Fax: [phone]
Attorneys for Idaho Irrigation Pumpers Association, Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE PETITION OF)
THE COMMISSION STAFF REQUESTING)Case No. IPC-E-01-43
THAT THE COMMISSION INVESTIGATE)
THE BUY-BACK RATES IN THE LETTER)
AGREEMENT ENTERED INTO BY IDAHO)
POWER COMPANY AND ASTARIS L.L.C.)
                                                                                   )
IDAHO IRRIGATION PUMPERS ASSOCIATION RESPONSE
TO FIRST DATA REQUEST OF ASTARIS
The Idaho Irrigation Pumpers Association, Inc. (“Irrigators”), through counsel, hereby respond to the First Data Requests of Astaris to the Irrigators dated February 8, 2002.
Astaris Request 1.1.  Did the Idaho Irrigation Association believe at the time their buy-back contracts were approved that the Commission had the authority to subsequently abrogate the contracts before the contracts expired?  Please explain your answer.
Irrigators Response to Request 1.1.  Yes.  The Irrigators object to this request because it seeks to obtain a legal conclusion to an issue which the Commission must decide, not discoverable, factual information.  Notwithstanding, the Irrigators believe that the Commission is vested with power and jurisdiction to regulate every public utility in the state pursuant to I.C. §61-503; that the Commission must determine rates and contracts that are just, reasonable and not discriminatory nor preferential pursuant to Idaho Code §61-502; and, that the Commission has power to establish new rates and contracts pursuant to Idaho Code §61-503.
Astaris Request 1.2.  Please provide all documents that evidence the Idaho Irrigation Association’s understanding at the time their buy-back contracts were approved as to whether or not the Commission had the authority to subsequently abrogate their contracts.
Irrigators Response to Request 1.2.  See Idaho Code §61-501, 502, 503; Agricultural Products v. Utah Power & Light Co., 98 Idaho 23, 557 P.2d 617 (1976).
Astaris Request 1.3.  Did the Idaho Irrigation Association believe at the time the Astaris buy-back contracts was approved that the Commission had the authority to subsequently abrogate the contracts before the contracts expired?  Please explain your answer.
Irrigators Response to Request 1.3.  See response to 1.1 above.
Astaris Request 1.4.  Please provide all documents that evidence the Idaho Irrigation Association’s understanding at the time the Astaris buy-back contracts was approved as to whether or not the Commission had the authority to subsequently abrogate the contract.
Irrigators Response to Request 1.4.  See response to 1.2 above.
DATED this 12th day of February, 2002.
RACINE, OLSON, NYE, BUDGE &
BAILEY, CHARTERED
By                                                                               
RANDALL C. BUDGE
CERTIFICATE OF MAILING
I HEREBY CERTIFY that on this 12thday of February, 2002, a true, correct and complete copy of the foregoing document was e-mailed and sent by first class mail, postage prepaid,  to each of the following:
Idaho Public Utilities Commission
P.O. Box 83720
Boise, Idaho 83720-0074
Fax: [phone]
E-mail: [e-mail]
Larry D. Ripley
Senior Attorney
Idaho Power Company
P.O. Box 70
Boise, Idaho 83707
[e-mail]
Barton L. Kline
Idaho Power Company
P.O. Box 70
Boise, Idaho 83707
[e-mail]
John R. Hammond, Jr.
Deputy Attorney General, IPUC
P.O. Box 83720
Boise, Idaho 83720-0074
[e-mail]
Robert M. Pomeroy, Jr.
Thorvald A. Nelson
Holland & Hart LLP
8390 E. Crescent Pkwy, Ste 400
Greenwood Village, CO 80111
[e-mail]
Michael F. Ugarte
Astaris LLC
P.O. Box 411160
St. Louis, MO 63141
[e-mail]
Richard Pasquier
FMC Corporation
1735 Market Street
Philadelphia, PA 19103
[e-mail]
Peter J. Richardson
Richardson & O’Leary, PLLC
P.O. Box 1849
Eagle, Idaho 83616
[e-mail]

RANDALL C. BUDGE