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Home My WebLink Aboutidahoresponse.docCase No. IPC-E-43-01 February 8, 2002 Idaho Power Request No. 1: Please state what Astaris’ plans are that involve power consumption for the Pocatello plan. Response to Request No. 1: Without waiving any rights Astaris may have under the Letter Agreement and Electric Service Agreement, Astaris states that the Pocatello plant is currently using approximately 3 MW of power to operate two boilers and auxiliary systems to maintain the plant is in a safe and environmentally secure condition and preserve systems that may be used in the future clean-up and restoration of the site. Case No. IPC-E-43-01 February 8, 2002 Idaho Power Request No. 2: Has Astaris commenced the dismantling and/or the removal of the four elemental phosphorus furnaces located at the Pocatello plant? Response to Request No. 2: No, but FMC is currently evaluating options for such dismantling. Case No. IPC-E-43-01 February 8, 2002 Idaho Power Request No. 3: If the furnaces are not being dismantled and/or removed, does Astaris have any plans to operate any of the furnaces prior to March 31, 2003? Response to Request No. 3: Astaris currently has no plans to operate any of the furnaces prior to March 31, 2003. Case No. IPC-E-43-01 February 8, 2002 Idaho Power Request No. 4: Does Astaris have any plans to consume more than 10 MW of power at the Pocatello plant? Response to Request No. 4: No. Case No. IPC-E-43-01 February 8, 2002 Idaho Power Request No. 5: If the answer to Request No. 4 is yes, what are those plans? Response to Request No. 5: See Response to Idaho Power Request No. 4. Case No. IPC-E-43-01 February 8, 2002 Idaho Power Request No. 6: Please provide FMC Corporation’s annual report for 2001 (if available), 2000, 1999, 1998, and 1997. Response to Request No. 6: See Attachment to Response to Idaho Power Request No. 6. Case No. IPC-E-43-01 February 8, 2002 Idaho Power Request No. 7: Please provide FMC Corporation’s 10K report for 2001 (if available), 200, 1999, 1998, and 1997. If there is no 10K report filed for 2001 yet filed, please provide all FMC Corporation 10Q reports filed for 2001. Response to Request No. 7: See Attachment to Response to Idaho Power Request No. 7. Case No. IPC-E-43-01 February 8, 2002 Idaho Power Request No. 8: Please identify by full legal name Astaris’ parents “FMC and Solutia.” Example: “FMC Corporation is a Delaware Corporation.” Response to Request No. 8: FMC Corporation is a Delaware Corporation. Solutia, Inc. is a Delaware Corporation. Case No. IPC-E-43-01 February 8, 2002 Idaho Power Request No. 9: Are both of Astaris’ parents publicly traded companies? Response to Request No. 9: Yes. Case No. IPC-E-43-01 February 8, 2002 Idaho Power Request No. 10: If “Solutia” is a publicly traded company, please provide Solutia’s annual report for 2001 (if available), 2000, 1999, 1998, and 1997. Response to Request No. 10: See Attachment to Response to Idaho Power Request No. 10. Case No. IPC-E-43-01 February 8, 2002 Idaho Power Request No. 11: If “Solutia” is a publicly traded company, please provide Solutia’s 10K report for 2001 (if available), 2000, 1999, 1998, and 1997. If there is no 10K report filed for 2001 yet field, please provide all Solutia 10Q reports filed for 2001. Response to Request No. 11: See Attachment to Response to Idaho Power Request No. 11. Case No. IPC-E-43-01 February 8, 2002 Idaho Power Request No. 12: Is Astaris LLC or Astaris Idaho LLC required to file any financial reports with any Secretary of State, state agency or federal agency? If so, please provide a copy of any such reports filed for the years 2000 and 2001? Response to Request No. 12: No (other than income tax returns). Case No. IPC-E-43-01 February 8, 2002 Idaho Power Request No. 13: Please provide copies of any written reports or other documents discussing the closure of the Pocatello plant created by or for Astaris LLC, Astaris Idaho LLC, FMC or Solutia (as those entities are defined by your response to Request No. 7). Response to Request No. 13: Astaris objects to this request because it is oppressive and unduly burdensome in calling for an extensive records search for and the production of voluminous documents. Case No. IPC-E-43-01 February 8, 2002 Idaho Power Request No. 14: Please provide copies of any written reports or documents created by or for Astaris LLC, Astaris Idaho LLC, FMC or Solutia discussing the electric service agreement between Idaho Power and FMC that was assigned to Astaris or the amendment to the electric service agreement which provided for the arrangement described by Mr. Seder as the “buy-back agreement.” Response to Request No. 14: Astaris objects to this request because it is oppressive and unduly burdensome in calling for an extensive records search for and the production of voluminous documents. Case No. IPC-E-43-01 February 8, 2002 Idaho Power Request No. 15: Please provide a copy of the agreement between Astaris’ parents, FMC and Solutia, for ownership and management of Astaris LLC. Response to Request No. 15: Astaris objects to this request because it is not reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding this objection, Astaris states that the Pocatello plant is currently being operated by FMC Corporation. However, there are no current plans for the assignment of the ESA or Letter Agreement to FMC. Paragraph 4.1 of the ESA permits Astaris to resell the power to an affiliate such as FMC. CERTIFICATE OF SERVICE I hereby certify that I have this 8th day of February 2002, served the foregoing RESPONSE TO FIRST PRODUCTION REQUEST OF THE IDAHO POWER COMPANY TO ASTARIS, LLC. in case no. IPC-E-01-43, by electronically filing a copy thereof, postage prepaid, to the following: LARRY D. RIPLEY IDAHO POWER COMPANY PO BOX 70 BOISE, ID 83707-0070 e-mail: lripley@idahopower.com BARTON L KLINE IDAHO POWER COMPANY PO BOX 70 BOISE ID 83707-0070 e-mail: bkline@idahopower.com ROBERT M POMEROY JR THORVALD A NELSON HOLLAND & HART LLP 8390 E CRESCENT PKWY, STE 400 GREENWOOD VILLAGE CO 80111 e-mail: rpomeroy@hollandhart.com MIQUEL F UGARTE ASTARIS LLC 622 EMERSON RD PO BOX 411160 ST LOUIS MO 63141 e-mail: mike_f_ugarte@astaris.com RICHARD PASQUIER FMC CORPORATION 1735 MARKET ST PHILADELPIA PA 19103 e-mail: RICHARD_PASQUIER@fmc.com RANDALL C. BUDGE RACINE OLSON NYE ET AL PO BOX 1391 POCATELLO, ID 83204-1391 e-mail: rcb@racinelaw.net PETER J. RICHARDSON RICHARDSON & O’LEARY PO BOX 1849 EAGLE ID 83616 e-mail: peter@richardsonandoleary.com ANTHONY YANKEL 29814 LAKE RD. BAY VILLAGE, OH 44140 e-mail: yankel@mediaone.net SECRETARY 16