20070212Exergy request to access discovery responses.pdf

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ATTORNEYS AT LAW
Peter Richardson
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O. B.., 7218. B,,;,., II), 83707 .. ;1; N. 27,1, St., Bni,., JI). 83702
February 12 2007
Donovan Walker
Deputy Attorney General
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83702
HAND DELIVERED
Re:Request for Access to Discovery Request Responses - Case No. IPC- E-06- 31
Dear Donovan:
I represent El\ergy Development Group of Idaho, LLc. Exergy is a developer of
renewable resources, including wind in Idaho. Exergy plans on filing comments in the above
captioned matter. I have been asked to research how Horizon Wind solved certain issues
related to transmission, curtailment and interconnection in their agreement with Idaho Power.
Obviously, transmission issues are important to renewable resource developers in generaL In
particular, my client has a vital interest in determining how Horizon resolved transmission
issues it faced as it prepared to do business with Idaho Power. As part of my research I have
been provided copies of Idaho Power s response to Staff's discovery request Nos. 16 , 17, 18
22 and 27. All ofthe responses, except for Nos. 19 and 20, provide that they are
confidential and therefore I have been denied access to said responses. In order to prepare
useful comments on my client's behalf it is necessary for me and certain employees of my
client to have access to the complete responses to discovery request Nos. 16, 17, 18 , and
27.
I would be happy to execute a standard protective agreement typically used by the
Commission in situations such as this. If, for some reason, you are not willing to disclose the
Production Requests pursuant to the protective agreement, then please consider this letter to be
a formal written request for public disclosure pursuant to Idaho Code ~ 9-338. I would draw
your attention to the fact that none ofthe identified responses comply with the Commission
rules regarding an attorney s statement and legal citation to the "specific grounds and legal
authority" supporting Idaho Power s assertion of confidentiality and are therefore not
considered exempt from public review pursuant to Rule 67. I would also note that pursuant to
. Page 2 February 12, 2007
Idaho Code ~ 9-339 public disclosure requests must be responded to within three business
days.
Your prompt attention to this matter will be appreciated as the comment deadline is
fast upon us.
Sincerely yoursf~,
Peter Richardson
Cc: Monica Moen - Idaho Power Company
Bart Kline - Idaho Power Company