20070418Complainant to IPC 10, 11.pdf

C::fGINAL
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]
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Attorneys for Petitioner
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JERENE PHILLIPS
Case No. IPC-07-
Petitioner
IDAHO POWER COMPANY
PETITIONER'S SECOND SET OF
INTERROGATORIES AND REQUESTS
FOR PRODUCTION OF DOCUMENTS
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 May 17 2007.
In answering these interrogatories, furnish all infonnation available to you, including
infonnation in the possession of your investigators, experts, etc., retained by you, not merely
infonnation known of your own personal knowledge.
If you cannot answer the following interrogatories in full, after exercising due diligence to
secure the infonnation to do so, so state, and answer to the extent possible, specifying your inability
PETITIONER'S SECOND SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF
DOCUMENTS TO RESPONDENT - 1
00147131000DOC
to answer the remainder, and stating whatever infonnation and knowledge you have concerning the
unanswered portion.
These interrogatories are deemed continuing interrogatories and your answers thereto are to
be supplemented as additional infonnation and knowledge becomes available or known to you.
DEFINITIONS
The following definitions apply wherever the defined word appears in the following
interrogatories except as othelWise expressly indicated:
(a)You" or "your" refers to the above named Respondent and all its agents
representatives and employees. Where knowledge, infonnation or documents in your custody,
control or possession is requested or referred to, such request includes all relevant knowledge
infonnation 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'S SECOND SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF
DOCUMENTS TO RESPONDENT - 2
00147131000DOC
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
ofthe 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 infonnation
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 pennit 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.
PETITIONER'S SECOND SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF
DOCUMENTS TO RESPONDENT - 3
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INTERROGATORIES
INTERROGATORY NO. 26:Please identify whether Idaho Power has ever allowed a
customer to pay less than the full amount of a back billing which arose from a billing error.
INTERROGATORY NO. 27 Please identify whether Idaho Power, within the last
fiver years, has allowed a customer to pay less than the full amount of a back billing, as a
compromise of a disputed bill.
INTERROGATORY NO. 28 : Is it Idaho Power s policy not to accept anything but the
full amount of the back billed amount?
INTERROGATORY NO. 29: If your answer to the proceeding Interrogatory is in the
affinnative, please identify the date that the Company policy was first adopted along with the
name of the individual responsible for instituting said policy.
INTERROGATORY NO. 30:Please identify the basis upon which Idaho Power
maintains that it does not have any discretion in reducing the amount of a back bill.
INTERROGATORY NO. 31 : Please provide a graph, spreadsheet or breakdown of the
power usage at Petitioner s Residence from March 1 2005 to the present.
REQUESTS FOR PRODUCTION
Petitioner JERENE PHILLIPS request that the documents identified below be made
available for inspection and/or copying on or before May 17 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 finn, P.O. Box 1368, Boise, Idaho 83701.
These requests for production are deemed continuing requests for production and your
responses thereto are to be supplemented as additional infonnation and knowledge becomes
available or known to you.
PETITIONER'S SECOND SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF
DOCUMENTS TO RESPONDENT - 4
00147131000DOC
DEFINITIONS
The following definitions apply wherever the defined word appears in the following
requests for production of documents except as othelWise 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
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.
PETITIONER'S SECOND SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF
DOCUMENTS TO RESPONDENT - 5
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REQUEST FOR PRODUCTION NO. 10 Please produce any and all documents
identified in or relating in any way to your answers to Petitioner s Second Set of Interrogatories
and Requests for Production of Documents.
REQUEST FOR PRODUCTION NO. : Please produce the graph, spreadsheet or
breakdown identified in your Answer to Interrogatory No. 31.
DATED this --tf:- day of April 2007.
EBERLE, BERLIN, KADING, TURNBOW
McKLVEEN & JONES, CHARTERED
B~ 01J:ffyStanley J. T
Attorneys for Petitioner
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this ay of April 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
(X) Fax:
( ) Overnight Delivery
( )
Messenger Delivery
Lisa Nordstrom
IDAHO POWER COMPANY
1221 W. Idaho
O. Box 70
Boise, ID 83707
( ) u.S. Mail
('/4 Fax: [phone]
( ) Overnight Delivery
( )
Messenger Delivery
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PETITIONER'S SECOND SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF
DOCUMENTS TO RESPONDENT - 6
00147131000DOC