200507131st Windland request to IPC.pdf

William J. Batt
John R. Hammond, Jr.
BA TT & FISHER, LLP
U S Bank Plaza, 5th Floor
101 South Capitol Boulevard
O. Box 1308
Boise, Idaho 83701
[phone]
[phone] facsimile
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ZO05 JUL 13 F~l 4: 22
10 liD PUBLIC
UTiliTIES COrtMJSSrON
Attorneys for Windland Incorporated
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE PETITION OF
IDAHO POWER COMPANY FOR AN ORDER
TEMPORARIL Y SUSPENDING IDAHO
POWER'S PURP A OBLIGATION TO ENTER
INTO CONTRACTS TO PURCHASE ENERGY
GENERATED BY WIND- POWERED SMALL
POWER PRODUCTION FACILITIES
Case No. IPC-OO5-
WIND LAND INCORPORATED'
FIRST SET OF
INTERROGATORIES AND
REQUESTS FOR PRODUCTION
TO IDAHO POWER COMPANY
YOU WILL PLEASE TAKE NOTICE that Windland Incorporated ("Windland"), by and
through its attorneys of record, Batt & Fisher LLP, requests that Idaho Power Company answer
under oath the following interrogatories and requests for production of documents, pursuant to Rule
225 of the Idaho Public Utilities Commission s ("Commission ) Rules of Procedure, IDAP
31.01.01.225 , on or before Wednesday July 21 , 2005. Windland requests that Idaho Power
Company provide its answer in this short period of time due to the abbreviated nature of the
proceeding in this matter.
In answering these interrogatories, furnish all information available to you, including
information in the possession of your investigators, experts, etc., retained by you, not merely
information known of your own personal knowledge.
If you cannot answer the following interrogatories in full, after exercising due diligence to
secure the information to do so, so state, and answer to the extent possible, specifying your inability
WINDLAND INCORPORATED'S FIRST SET OF INTERROGATORIES AND REQUESTS FOR(1
PRODUCTION TO IDAHO POWER COMPANY, P. 1
to answer the remainder, and stating whatever information and knowledge you have concerning the
unanswered portion.
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 who can sponsor the answer at hearing.
Each of the following Interrogatories and Request for Production of Documents are deemed
continuing in nature, so as to require the filing of supplemental responses if information is obtained
in addition to, or different from, that which is set forth in the original responses thereto, or which
would change any additional responses thereto.
DEFINITIONS
The following definitions apply wherever the defined word appears in the following
interrogatories and requests for production of documents, except as otherwise expressly indicated:
(a)You" or "your" refers to Idaho Power Company and all agents, representatives and
employees. Where knowledge, information or documents in your custody, control
or possession is requested or referred to, such request includes all relevant
knowledge, information or documents in the custody, control or possession of you
and all of your agents, representatives and employees.
(b)Person means any individual partnership, corporation trade association
government agency or instrumentality, or any other entity, or any director, officer
employee or agent thereof.
(c)Document" means the original, all non-identical copies, and all drafts of writings or
visual representations of information of any kind. This includes, but is not limited
, correspondence, memoranda, reports, minutes, pamphlets, photographs or the
like, notes, letters, telegrams, messages (including reports, notes, and memoranda of
WINDLAND INCORPORATED'S FIRST SET OF INTERROGATORIES AND REQUESTS FOR
PRODUCTION TO IDAHO POWER COMPANY, P. 2
or concerning telephone conversations and conferences), calendar and diary entries
records computerized data computer input data computer output data, graphs
charts and compilations. It also includes videotape recordings, and any like method
of recording information. All attachments or enclosures to a document are deemed
to be part of such document.
(d)Identify"with respect to a person means to provide the name, title and last known
home address and telephone number of such person, as well as the name, address
and telephone number of the last known place of business where such person is or
was employed, assigned or headquartered.
(e)Identify" with respect to documents, reports or exhibits means to state the author
or creator, addressee(s), persons copied, date, subject matter, title if any, and the
nature of the document (~, letter, memorandum, chart, etc.), and shall refer to
all documents, reports or exhibits within the possession, custody or control of the
Plaintiffs or any of their agents or representatives. If you are not in possession
custody or control of any such document but know or understand that such a
document exists
, "
identify" shall mean to provide the information outlined above
in this definitional paragraph and shall also mean to identify the person that does
possess or have custody or control of the document, with sufficient specificity to
permit the document to be requested by subpoena.
(f)Identify" with respect to occurrences incidents or events means to state with
specificity the location, date and time of the occurrence or event, and to completely
describe in detail what transpired.
WIND LAND INCORPORATED'S FIRST SET OF INTERROGATORIES AND REQUESTS FOR
PRODUCTION TO IDAHO POWER COMPANY, P. 3
INTERROGATORIES
INTERROGATORY NO.In the Petition, you state that in addition to the wind
qualifying facility ("QF"contracts you have already entered into and those certain other
applications before the Commission for further wind QF contracts, you have had contacts from
developers intending to pursue new wind QF projects with a nameplate capacity of 193 MW.
Please provide the following in response to this Interrogatory:
(a) The county and state where each of these proposed projects while be located;
(b) The MW and nameplate capacity of each of these proposed wind QF projects;
(c) The date when each of these projects will be completed and operational;
(d) The date when official application was made to Idaho Power Company to enter into
an agreement to purchase power from each proposed wind Q F proj ect; and
(e) The time when you reached agreement to purchase power from each of these wind QF
projects.
INTERROGATORY NO.In the Petition and John R. Gale s Direct Testimony, you
assert that the bids in response to the 2005 RFPs were not reflective of market prices for wind
generation and were unduly influenced by prices and contracts available to wind resources under
PURP A.Please state all facts and support for this assertion and identify all documents
supporting such assertion.
REQUEST FOR PRODUCTION OF DOCUMENTS
Pursuant to Rule 225 of the Commission s Rules of Procedure, Windland requests that the
documents identified below be made available for inspection and/or copying on or before July 21
2005, at the offices of Batt & Fisher LLP, US Bank Plaza, 101 S. Capitol Blvd, Suite 500, Boise
WINDLAND INCORPORATED'S FIRST SET OF INTERROGATORIES AND REQUESTS FOR
PRODUCTION TO IDAHO POWER COMPANY, P. 4
Idaho, 83702, or by delivering the same to John R. Hammond of said firm, P.o. Box 1308, Boise
Idaho 83701.
The term document" as used herein means and refers to any written or other record, graphic
or photographic material of any kind or character however produced or reproduced, and includes
without limiting the generality of the foregoing, all letters, telegraphs, teletypes, correspondence
rules, regulations, guidelines, contracts, agreements, warranties, drafts, work papers, summaries
notes, reports, memoranda, interoffice and intraoffice memoranda, evaluations, calendar entries
diary entries, memoranda of telephone or personal conversations, memoranda of meetings or of
conference, studies, report, ledgers, vouchers, checks, work orders, invoices, bids, computer input
data, computer output data, computer runs, mechanical and electrical sound recordings or transcripts
thereof, including originals and copies of any of the foregoing, whether typed, printed, handwritten
or on tape or other mechanical recording, and any material supporting or used in preparation of any
such document as herein defined.
REQUEST FOR PRODUCTION NO.Please produce a copy of each and every
document received from or submitted to expert witnesses in relation to all of your assertions raised
in your Petition in this matter.
REQUEST FOR PRODUCTION NO.Please produce a copy of each and every
document or exhibit identified in or related in any way to your answers to Windland'
Interrogatories.
WINDLAND INCORPORATED'S FIRST SET OF INTERROGATORIES AND REQUESTS FOR
PRODUCTION TO IDAHO POWER COMPANY, P. 5
DATED this 13th day of July, 2005.
Respectfully Submitted
. Hammond
AT & FISHER, LLP
10 South Capital Blvd., Suite 500
O. Box 1308
Boise, ID 83701
[phone]
WINDLAND INCORPORATED'S FIRST SET OF INTERROGATORIES AND REQUESTS FOR
PRODUCTION TO IDAHO POWER COMPANY, P. 6
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 13th day of July, 2005, I served the foregoing upon all
parties of record in this proceeding as indicated below.
Jean Jewell
IDAHO PUBLIC UTILITIES COMMISSION
472 W. Washington Street
o. Box 83720
Boise, ID 83702-5983
i iewell~puc.state.id. us
) Certified Mail
) First Class Mail
(x) Hand Delivery
) Facsimile
Barton L. Kline
Monica B. Moen
IDAHO POWER COMPANY
O. Box 70
Boise, ID 83707-0070
bk 1 ine~idahopower. com
mmoen~idahopower. com
) Certified Mail
( x ) First Class Mail
) Hand Delivery
( x ) Facsimile
John R. Gale
Vice President, Regulatory Affairs
IDAHO POWER COMPANY
O. Box 70
Boise, ID 83707-0070
rgale(~jdahopower .com
) Certified Mail
( x ) First Class Mail
) Hand Deli very
) Facsimile
Peter J. Richardson
RICHARDSON & O'LEARY PLLC
99 East State Street
O. Box 1849
Eagle, ID 83616
peter~richrdsonando I eary. com
) Certified Mail
( x ) First Class Mail
) Hand Delivery
) Facsimile
Richard L. Storro
Director
POWER SUPPLY
1411 E. Mission Ave
O. Box 3727, MSC- 7
Spokane, WA 99220-3727
di ckstorro(Q),avistaco rp. com
) Certified Mail
( x ) First Class Mail
) Hand Delivery
) Facsimile
WINDLAND INCORPORATED'S FIRST SET OF INTERROGATORIES AND REQUESTS FOR
PRODUCTION TO IDAHO POWER COMPANY, P. 7
R. Blair Strong
PAINE, HAMBLEN, COFFIN
BROOKE & MILLER LLP
717 West Sprague Avenue, Suite 1200
Spokane, WA 99201-3505
r. blair.strong~painehamblen.com
Scott Woodbury
IDAHO PUBLIC UTILITIES COMMISSION
424 W. Washington Street
o. Box 83720
Boise, ID 83702-5983
Michael Heckler
Director of Marketing and Development
WINDLAND INCORPORATED
7669 West Riverside Drive, Suite 102
Boise, ID 83714
Telephone: [phone]
Facsimile: [phone]
mheckler~windland. com
) Certified Mail
( x) First Class Mail
) Hand Delivery
) Facsimile
) Certified Mail
) First Class Mail
( x ) Hand Delivery
) Facsimile
) Certified Mail
(x) First Class Mail
) Hand Delivery
) Facsimile
WINDLAND INCORPORATED'S FIRST SET OF INTERROGATORIES AND REQUESTS FOR
PRODUCTION TO IDAHO POWER COMPANY, P. 8