lstDataRequest.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.)
                                                                                   )
FIRST DATA REQUESTS
OF IDAHO IRRIGATION PUMPERS ASSOCIATION, INC.,
TO ASTARIS IDAHO LLC AND FMC CORPORATION
IDAHO IRRIGATION PUMPERS ASSOCIATION, INC., by and through their attorneys, hereby submit this First Data Requests to ASTARIS IDAHO LLC AND FMC CORPORATION as follows:
1.With respect to each of the four furnaces operated by Astaris and/or FMC at the Pocatello facility, please state:
a.The date each furnace ceased to operate;
b.The date each furnace shutdown was considered permanent;
c.The date the decision was made to cease the operation of each furnace;
d.The amount of electricity consumed by each furnace prior to the time operations ceased;
e.The reason or reasons for the decision to cease operating each furnace at the time each decision was made.  Please provide a copy of the study, analysis or other documents upon which each decision was made.
2.At the time the Commission entered Order No. 27463 in Case No. IPC-E-97-13 approving the Electric Service Agreement entered into between Idaho Power and FMC on December 30, 1997, please state:
a.How many furnaces were being operated at the Pocatello facility?
b.Had any decision been made to close the operating furnaces?
c.Had any studies or analysis been performed relating to the timing and feasibility of closing the remaining furnaces?  If so, please produce said studies or analysis.
d.Had any decision been made to resume operating any closed furnaces?
e.Had any studies or analysis been performed regarding the timing and feasibility of reopening any closed furnaces?  If so, please provide copies of the same.
3.Does Astaris and/or FMC have any plans to resume operation of any of the furnaces during year 2002 or 2003, or any time after 2003?  If so please describe these plans in detail.
4.Did the December 30, 1997 Electric Service Agreement entered into between Idaho Power and FMC affect the timing or decision to close any of the furnaces at the Pocatello facility?  If so, please describe precisely and in detail how the timing or decision was affected.
5.Please describe if and when each furnace would have ceased operation absent the Electric Service Agreement and/or the Letter Agreement of March 15, 2001 with Idaho Power and produce copies of any studies or analysis addressing this issue.
6.In Astaris’s Motion to Dismiss and Brief on Commission Authority at page 7 and in the Direct Testimony of Margaret M. McCarvill, pp. 3-5, Astaris lists a wide range of alleged expensive and irreversible changes to its operations purportedly undertaken in reliance upon the Commission’s approval of the Buy-Back Contract.  With respect to each item listed and for each of the four furnaces, please state:
a.Approximately when each listed change and the resulting cost or expense will be or was incurred;
b.Whether or not these changes would have occurred absent the Buy-Back Contract;
c.Did the Buy-Back Contract change the timing or amount of each  change and expenditure?  If so, please describe.
7.With regard to the Astaris facility which produces phosphorus at the Agrium Plant near Soda Springs, please state:
a.When the decision was made to construct a Soda Springs facility;
b.When construction of the Soda Springs facility was commenced;
c.When construction of the Soda Springs facility was completed;
d.When production began at Soda Springs;
e.The estimated capacity of the Soda Springs facility to produce phosphorus as compared to the capacity of each furnace from the Pocatello facility;
8.Does phosphorus produced at the Soda Springs facility replace phosphorus production lost at the Pocatello facility?  If so, compare amounts lost at Pocatello to amounts produced at Soda Springs by month.
9.At the time construction began on the Soda Springs facility, was it anticipated that production from the facility would replace production from the Pocatello facility?  If so, to what extent?
DATED this 6th day of February, 2002.
RACINE, OLSON, NYE, BUDGE &
BAILEY, CHARTERED
By                                                                               
RANDALL C. BUDGE
CERTIFICATE OF MAILING
I HEREBY CERTIFY that on this 6thday of February, 2002, I served a true, correct and complete copy of the foregoing document, 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