20070228Complainant to IPC 1- 9.pdf

~'f"/AI A
flVuviVfi
Stanley J. Tharp, ISB No. 3883
EBERLE, BERLIN, KADING, TURNBOW
McKL VEEN & JONES, CHARTERED
300 North 6th Street
P. O. Box 1368
Boise, ID 83701
Telephone: [phone]
Facsimile: [phone]
r:'~::l\i
!"'I"l:) n"7.GO1FU5LIJ Iii
:' , ,;~;! ; \ '. ".' '
t .-
'" \ ,, (' \ ,
; CiJ,",1i00 'I 1_-
Attorneys for Petitioner
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JERENE PHILLIPS
Case No. IPC-07-
Petitioner
IDAHO POWER COMPANY
PETITIONER'S FIRST SET OF
INTERROGATORIES, REQUESTS
FOR PRODUCTION OF DOCUMENTS
AND REQUESTS FOR ADMISSION TO
RESPONDENT
vs.
Respondent.
TO:RESPONDENT AND ITS ATTORNEY OF RECORD:
YOU WILL PLEASE TAKE NOTICE that Petitioner, JERENE PHILLIPS, by and through
her attorneys of record, Eberle, Berlin, Kading, Turnbow, McKlveen & Jones, Chartered, requires
you to answer under oath the following interrogatories on or before March 28, 2007.
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
PETITIONER'FIRST SET OF INTERROGATORIES, REQUESTS FOR PRODUCTION OF
DOCUMENTS AND REQUESTS FOR ADMISSION TO RESPONDENT - 1
00145088
to answer the remainder, and stating whatever information and knowledge you have concerning the
unanswered portion.
These interrogatories are deemed continuing interrogatories and your answers thereto are to
be supplemented as additional information and knowledge becomes available or known to you.
DEFINITIONS
The following definitions apply wherever the defined word appears in the following
interrogatories except as otherwise expressly indicated:
(a)You" or "your" refers to the above named Respondent and all its 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)Corporation" or "Company" means Idaho Power Company.
(c)Person" means any individual, partnership, corporation, trade association
government agency or instrumentality, or any other entity, or any director, officer, employee or
agent thereof.
(d)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
conferences, studies, reports, ledgers, vouchers, checks, work orders, invoices, bids, computer input
PETITIONER'FIRST SET OF INTERROGATORIES, REQUESTS FOR PRODUCTION OF
DOCUMENTS AND REQUESTS FOR ADMISSION TO RESPONDENT - 2
00145088
data, computer output data, computer runs, e-mails, 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.
(e)Identify" with respect to a person means to provide the name, title and last known
address and telephone number of such person, as well as the name, address and telephone number
of the last known place of employment where such person is or was employed.
(f)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 Respondent, or any of its 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.
(g)
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.
(h)Residence means the Petitioner s residence located at 16625 Basin Way, Boise
Idaho 83714.
INTERROGATORIES
INTERROGATORY NO.: Please identify all persons answering these interrogatories.
PETITIONER'FIRST SET OF INTERROGATORIES, REQUESTS FOR PRODUCTION
DOCUMENTS AND REQUESTS FOR ADMISSION TO RESPONDENT - 3
00145088
INTERROGATORY NO.: Please set forth in detail the complete circumstances of
how the Company determined that it was utilizing the wrong multiplier for the Petitioner
Residence.
INTERROGATORY NO.: Please identify the nine (9) accounts with billing account
errors due to incorrect multipliers referenced in your Answer to the Complaint, including how
each one was resolved.
INTERROGATORY NO.: Please identify the four (4) accounts with billing errors
due to the wire installation problems referenced in your Answer to the Complaint, including how
each one was resolved.
INTERROGATORY NO.: Please provide in detail the current status of the other "
previously uninspected installations" referenced in your Answer to the Complaint.
INTERROGATORY NO.: Please identify each and every person known to you or your
attorney who has any knowledge of, or who purports to have any knowledge of, any of the facts of
this matter. Please also state the following:
(a)The relevant facts which you understand to be within the knowledge of such person;
and
(b)The substance of any testimony expected to be elicited ttom such person at the
hearing, if any, ofthis matter.
INTERROGATORY NO.Please state whether you are aware of or obtained any
admissions of Petitioner, if any, including the content of said admissions.
INTERROGATORY NO.Please identify in detail the types of meters normally
installed when Idaho Power is using a meter multiplier of 20.
PETITIONER'FIRST SET OF INTERROGATORIES, REQUESTS FOR PRODUCTION
DOCUMENTS AND REQUESTS FOR ADMISSION TO RESPONDENT - 4
00145088
INTERROGATORY NO.Please identify in detail the types of meters normally
installed when Idaho Power is using a meter multiplier of 40.
INTERROGATORY NO. 10: Please set forth in detail the difference in the types of
meters installed when using a multiplier of 20 versus a multiplier of 40.
INTERROGATORY NO. 11 : Please identify what types of meters identified in either
Interrogatory No.8 or 9 were installed at the Residence in 1994 and in 2006.
INTERROGATORY NO. 12 Please identify the Idaho Power employee who first
installed Meter No. 62128615 at the Residence.
INTERROGATORY NO. 13 Please identify the specific training the Idaho Power
employee received as to the installation of Meter No. 62128615 at the Residence.
INTERROGATORY NO. 14: Please identify the Idaho Power employee who contacted
Jerene Phillips in approximately July of 2006, and informed her that Idaho Power had installed a
meter with a 20 multiplier.
INTERROGATORY NO. 15: Please identify each Idaho Power employee or person
who inspected and tested Meter No. 62128615.
INTERROGATORY NO. 16: Please identify the individual who put the new meter
information of the multiplier of 40 into Idaho Power s billing software system.
INTERROGATORY NO. 17: Do you plan on putting on evidence, either testimony or
through documentation. If so, please state the witness, substance of testimony and produce the
documentation.
INTERROGATORY NO. 18 : Please identify each matter where Idaho Power or any
other utility s request for back billing has been denied or refused by the Idaho Public Utilities
Commission.
PETITIONER'FIRST SET OF INTERROGATORIES, REQUESTS FOR PRODUCTION OF
DOCUMENTS AND REQUESTS FOR ADMISSION TO RESPONDENT - 5
00145088
INTERROGATORY NO. 19 Please explain why an Idaho Power employee was
required to return to the Residence on June 23, 2006, to verify that the multiplier of 40 was
correct.
INTERROGATORY NO. 20:Please identify the person who was originally
responsible for the improper use ofthe 20 multiplier at the Petitioner s Residence.
INTERROGATORY NO. 21 : Please explain in detail what "field verification" means
as referenced in your Answer to the Complaint.
INTERROGATORY NO. 22 : Please explain why if it was merely an office billing
error that Idaho Power conducted a field verification on 500 installations to review meter
multipliers.
Please identify the circumstances under which aINTERROGATORY NO. 23:
multiplier of 20 versus a multiplier of 40 is used.
INTERROGATORY NO. 24 : Please identify whether a meter or current transformers
have an internal multiplier of 20 or 40.
INTERROGATORY NO. 25 Please identify the head of the Meter Department at
Idaho Power.
REQUESTS FOR PRODUCTION
Petitioner JERENE PHILLIPS request that the documents identified below be made
available for inspection and/or copying on or before March 28, 2007, at the offices of Eberle
Berlin, Kading, Turnbow, McKlveen & Jones, Chartered, 300 North Sixth Street, Boise, Idaho
83701 , or by mailing the same to Stanley J. Tharp of said firm, P.O. Box 1368, Boise, Idaho 83701.
PETITIONER'FIRST SET OF INTERROGATORIES, REQUESTS FOR PRODUCTION OF
DOCUMENTS AND REQUESTS FOR ADMISSION TO RESPONDENT - 6
00145088
These requests for production are deemed continuing requests for production and your
responses thereto are to be supplemented as additional information and knowledge becomes
available or known to you.
DEFINITIONS
The following definitions apply wherever the defined word appears in the following
requests for production of documents except as otherwise expressly indicated:
(a)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
conferences, studies, reports, ledgers, vouchers, checks, work orders, invoices, bids, computer input
data, computer output data, computer runs, e-mails, 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.
(b)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 Respondent, or any of its 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
PETITIONER'S FIRST SET OF INTERROGATORIES, REQUESTS FOR PRODUCTION
DOCUMENTS AND REQUESTS FOR ADMISSION TO RESPONDENT - 7
00145088
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.
REQUEST FOR PRODUCTION NO.: Please produce a copy of each and every
document identified in or related in any way to your answers to the Interrogatories.
REQUEST FOR PRODUCTION NO.: Please produce any and all documents relating
to the inspection and testing of Meter No. 62128615.
REQUEST FOR PRODUCTION NO.: Please produce the actual Meter No. 62128615.
REQUEST FOR PRODUCTION NO.: Please produce the multiplier tags that were
attached to Meter No. 62128615.
REQUEST FOR PRODUCTION NO.: Please produce any and all documents relating
to Jerene Phillips account for the residence located at 16625 Basin Way, Boise, Idaho 83714.
REQUEST FOR PRODUCTION NO.: Please produce a copy of each and every
document, diagram, sketch, photograph or other items of tangible physical evidence which you
might use as an exhibit at a hearing.
REQUEST FOR PRODUCTION NO.Please produce copies of any Idaho Public
Utilities Commission Orders where back billing has been denied or refused.
REQUEST FOR PRODUCTION NO.Please produce copies of any written
statements given by the Petitioner in this matter.
REQUEST FOR PRODUCTION NO.: Please produce the written training manual and
materials provided to employees on the correct installation of meters back in 1994.
PETITIONER'FIRST SET OF INTERROGATORIES, REQUESTS FOR PRODUCTION OF
DOCUMENTS AND REQUESTS FOR ADMISSION TO RESPONDENT - 8
00145088
REQUESTS FOR ADMISSION
Petitioner, JERENE PHILLIPS that you answer under oath the following requests for
admission on or before March 28, 2007.
REQUEST FOR ADMISSION NO.: Please admit that Jerene Phillips was denied the
opportunity to implement conservation measures to reduce consumption of power over the three (3)
years that she is now being back billed for.
REQUEST FOR ADMISSION NO.: Please admit that Jerene Phillips promptly paid
her monthly account with Idaho Power ttom 1994 until the current dispute arose.
REQUEST FOR ADMISSION NO.Please admit that the error in utilizing the
incorrect multiplier was solely that of Idaho Power and not as a result of anything that J erene
Phillips did or did not do.
-,1
DATED this day of February, 2007.
EBERLE, BERLIN, KADING, TURNBOW
McKLVEEN & JONES, CHARTERED
By:
PETITIONER'FIRST SET OF INTERROGATORIES, REQUESTS FOR PRODUCTION OF
DOCUMENTS AND REQUESTS FOR ADMISSION TO RESPONDENT - 9
00145088
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this day of February, 2007, a true and correct copy
of the foregoing document was served by first-class mail, postage prepaid, and addressed to; by
fax transmission to; by overnight delivery to; or by personally delivering to or leaving with a
person in charge of the office as indicated below:
Tammie Estberg
Idaho Public Utilities Commission
O. Box 83720
Boise, ID 83720-0074
( ) U.S. Mail
("4 Fax:
( ) Overnight Delivery
( ) Messenger Delivery
Lisa Nordstrom
IDAHO POWER COMPANY
1221 W. Idaho
O. Box 70
Boise, ID 83707
( ) U.S. Mail
rA Fax: [phone]
( ) Overnight Delivery
( ) Messenger Delivery
c;dk j
STANL~yI THARB
PETITIONER'FIRST SET OF INTERROGATORIES, REQUESTS FOR PRODUCTION
DOCUMENTS AND REQUESTS FOR ADMISSION TO RESPONDENT - 10
00145088