20081022IPC INT to Glenns Ferry 1-10.pdf

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Bruce C. Jones, ISB #3177
JONES & SWARTZ PLLC
1673 W. Shoreline Drive, Suite 200 (83702)
Post Office Box 7808
Boise, Idao 83707-7808
Telephone: [phone]
Facsimile: [phone]
E-mail: bruce((jonesandswartzlaw.com
RECEI
2088 OCT 22 PH 3: 43
'IT . IDAHO PUl41 irv IUTIES COM?t4IŠSION
Attorneys for Idaho Power Company
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
IDAHO POWER COMPANY,
Case No. IPC-E-08-20
Complainant,
vs.IDAHO POWER COMPAN'S FIRST
SET OF INTRROGATORIS TO
GLENNS FERRY COGENERATION
PARTNERS, LTD.
GLENNS FERRY COGENERATION
PARTNERS, LTD., a Colorado limited
partnership,
Res ondent.
TO: RESPONDENT, GLENNS FERRY COGENERATION PARTNERS, LTD.,
AND ITS ATTORNEYS OF RECORD
The Petitioner/Complainant, Idaho Power Company ("Idaho Power Company"), by and
through its counsel of record, Bruce C. Jones, of the firm Jones & Swartz PLLC, pursuant to this
Commission's Rule of Procedure 225, hereby requests that you sere wrtten answers to the
following First Set of Interrogatories within 28 days of serice hereof and any objections to this
discovery within i 4 days of service hereof.
IDAHO POWER COMPANY'S FIRST SET OF INTERROGATORIES TO
GLENNS FERRY COGENERATION PARTNERS, LTD.-1
PRELIMINARY STATEMENT
A. When answering and responding to the following Interrogatories, you are requested to
furnsh all information within your possession, custody, or control, including information
and documents in the possession, custody, or control of your attorneys, investigators,
insurers, employees, officers, directors, agents, representatives, or any other person or
persons acting on your behalf, and not merely such information or documents as is known
or possessed by you personally. If any document or piece of evidence has been destroyed
or is no longer in your possession, custody or control, please identify:
1. The date of destruction, who was responsible for the same, and why said document
or evidence was destroyed; or if the document or evidence was not destroyed but is
no longer in your possession, custody, and control, please identify:
2. Who is in possession, custody, or control of such document or evidence, and how to
contact them.
B. If you cannot answer any of the following Interrogatories after exercising due dilgence to
secure the information to do so, please state as much and answer to the extent possible,
specifying your inabilty to answer the remainder, and stating whatever information or
knowledge you have concernng the unanswered portions.
C. Each Interrogatory is intended to and does request that each and every, all and singular,
and the particulars and parts thereof, be answered with the same force and effect as if each
part and particular were the subject of and were asked by a separate Interrogatory.
D. These Interrogatories are deemed continuing and your answers thereto are to be
supplemented as additional information, documents and knowledge becomes available or
known to you.
E. For every Interrogatory that you object to on the basis of any privilege, please provide a
"privilege log" that includes the following informtion:
1. The person to whom the purportedly privileged communication was made;
2. All parties privy to the purportedly privileged communcation;
3. The subject matter of the purportedly privileged communcation;
4. The date(s) that the purportedly privileged communication took place; and
5. Whether the purportedly privileged communication was oral or written.
DEFINITIONS
As used throughout these Interrogatories, term and phres should be given their plain and
well-accepted meanng as found in common forms of usage but should also be interpreted to
IDAHO POWER COMPANY'S FIRST SET OF INTERROGATORIES TO
GLENNS FERRY COGENERATION PARTNERS, LTD.-2
include the following particulars:
1. The term "communication" or "communcations" shall mean, uness otherwise
specified, any of the following:
(a) any written letter, memorandum, document, or any other writing;
(b) any telephone call between two or more persons, whether or not such call
was by chance or prearranged, formal or informal; and
(c) any conversation or meeting between two or more persons, whether or not
such contact was by chance or prearranged, formal or informal, including
without limitation conversations or meetings occurring via telephone,
teleconference, video conference, electronic mail (email), or instant
electronic messenger.
2. The term "documents" shall mean and include any and all:
a) Tangible things or items, whether handwritten, tyed, prited, tape recorded,
electronically recorded, videotape recorded, visually reproduced, steno-
graphically reproduced or reproduced in any other manner;
b) Any writing or communication stored on a computer or backed up to any
electronic storage media;
c) Any spreadsheet in draft, preliminry or final form;
d) Originals and copies of any and all communications;
e) Writings of any kind or tye whatsoever;
f) Books and pamphlets;
g) Microtape, microfilm, photographs, movies, records, recordings, tape
recordings, computer disks, and videotape recordings, stenographically or
otherwise reproduced;
h) Diaries and appointment books;
i) Cables, wires, memoranda, reports, notes, miutes and inter-office
communications;
j) Letters, correspondence, and emails;
IDAHO POWER COMPANY'S FIRST SET OF INTERROGATORIES TO
GLENNS FERRY COGENERATION PARTNERS, LTD. - 3
k) Any writing or communcation stored on a computer or backed up to any
electronic storage media;
I) Drawings, blueprints, sketches and charts;
m) Contracts or agreements;
n) Other legal instruments or offcial documents;
0) Published material of any kid;
p) Vouchers, receipts, invoices, bils, orders, billngs and checks;
q) Investigation or incident reports;
r) Files and records;
s) Notes or summaries of conferences, meetings, discussions, interviews or
telephone conversations or messages; and
t) Drafts or draft copies of any of the above.
3. The term "identify" when referring to an individual, corporation or other entity,
shall mean to set forth:
a) The name;
b) Title/Position;
c) Dates the individual held their title/position;
d) Job description;
e) To whom they report or reported;
f) Present or last known address;
g) Date of hire; and if applicable
h) Date oftermnation or resignation of employment, and reason(s) therefor, if
applicable.
IDAHO POWER COMPANY'S FIRST SET OF INTERROGATORIES TO
GLENNS FERRY COGENERATION PARTNERS, LTD.-4
4. The term "identify" when referring to a communcation mean to state the date
thereof, the individual(s) witness thereto, the place where said conversation, statement or
communication took place, and the substance of the same.
5. The term "identify" when referring to a document shall mean to set forth:
a) The name of the document;
b) The contents of the document;
c) The author of the document;
d) The date of the document;
e) The document's present location and the name of its custodian;
f) The nature and substance of the document with suffcient particularity to
enable it to be subpoenaed; and
g) Whether it wil be voluntarily made available for inspection and copying.
The term "identify" when referring to any other matter mean establish the identity of
someone or something with suffcient detail and characteristics that the propounding part has an
understanding equal to that of the answering or responding part.
6. The terms "you" and "your" mean Glenn Ferr Cogeneration Partners, Ltd. and all
or any of your affiiated or associated companies, agents, insurers, representatives, employees,
attorneys, parent and subsidiary companies, and every person acting or purporting to act, or who
has ever acted or purported to act, on your behalf. "You" means also the person or persons
responding to these requests, and "your" refers to the same persons to which "you" refers.
7. The term "Persons" means and includes any natural person, partnership,
corporation, joint venture, unincorporated association, governental entity (or agency or board
thereof), quasi-public entity or other form of entity, and any combinations thereof.
IDAHO POWER COMPANY'S FIRST SET OF INTERROGATORIES TO
GLENNS FERRY COGENERATION PARTNERS, LTD. - 5
8. The term "subject matter of this action" means the all allegations, claims, and
defenses at issue in this action whether set fort in the Petition/Complaint or Respondent's Anwer
thereto.
9. The term "Agreement" mean the Firm Energy Sales Agreement entered into
between Idaho Power Company and Glenn Ferry Cogeneration Partners, Ltd. on December 9,
1992, and all Exhibits and Amendments thereto.
10. The term "Project" means the Glenn Ferry Cogeneration Partners, Ltd. electrical
facilty, a natural gas fired turbine generator located at the Magic Valley potato processing facilty
in Glenn Ferr, Idaho, referenced in the Agreement.
INTERROGATORIES
INTERROGATORY NO.1: Identify all persons with knowledge of the allegations in
Idaho Power Company's Petition/Complaint ("Petition") and/or your answer to the Petition.
INTERROGATORY NO.2: Identify all witnesses whom you expect to testify in the
hearng on this matter. For each witness identified, state the subject matter of their anticipated
testimony.
INTERROGATORY NO.3: For each exper witness whom you expect to testify in the
hearng on this matter, state their name and address; each opinion about which they wil testify and
the basis for their opinion; the qualifications that purortedly qualify them as an exper; and list the
cases in which the exper has testified in the last 5 years, including the case name, jurisdiction, case
number, and the pary for whom the expert testified.
INTERROGATORY NO.4: Identify every person who has any knowledge regarding the
loss ofthe Project's theral host, Idaho Fresh-Pak, Inc. This request includes but is not limited to
persons within and without Respondent, including its officer, directors, employees, representatives,
IDAHO POWER COMPANY'S FIRST SET OF INTERROGATORIES TO
GLENNS FERRY COGENERATION PARTNERS, LTD.-6
attorneys, accountants, and Bloomfield Glenns Ferr, Inc., Bloomfield Idaho Management, Inc.,
Black Hils Generation, Black Hils Energy, Inc., and Black Hils Corporation.
INTERROGATORY NO.5: Identify every person who has any knowledge regarding any
efforts to replace the Project's theral host, Idaho Fresh-Pak, Inc., with a new thermal host. Ths
request includes but is not limited to persons within and without Respondent, including its officers,
directors, employees, representatives, attorneys, accountants, and Bloomfield Glenns Ferr, Inc.,
Bloomfield Idaho Management Inc., Black Hils Generation, Black Hils Energy, Inc., and Black
Hils Corporation.
INTERROGATORY NO.6: Identify ever person who has communicated, or has been
consulted in regard to any communication, with the Federal Energy Regulatory Commission (FERC)
including but not limited to all communications regarding Qualifyng Facility status, licensing,
renewal oflicensing, and self-cerification of Qualifyng Facility status for the perod from Janua i,
2005 to the date of your answers to these Interogatories. This request includes but is not limited to
persons within and without Respondent, including its officer, directors, employees, representatives,
attorneys, accountants, and Bloomfield Glenns Ferr, Inc., Bloomfield Idaho Management Inc.,
Black Hils Generation, Black Hils Energy, Inc., and Black Hils Corporation.
INTERROGATORY NO.7: Identify all employees of the Project from Januar i, 2005 to
the date of your answers to these Interrogatories, including the date of employment, job title(s),
present status of employment, telephone number and residential address.
INTERROGATORY NO. 8: Identify all members of Glenns Fer Cogenertion Parer,
Ltd. from the date of the inception of the Project through the date of your answers to these
Interogatories.
IDAHO POWER COMPANY'S FIRST SET OF INTERROGATORIES TO
GLENNS FERRY COGENERATION PARTNERS, LTD.-7
INTERROGATORY NO.9: Identify all managers of Glenns Ferr Cogeneration Parers,
Ltd. from the date of the inception of the Project through the date of your answers to these
Interrogatories.
INTERROGATORY NO.1 0: Identify any entity or person who has had a diect or indirect
ownership interest in Glenns Ferr Cogeneration Parers, Ltd., including but not limited to
identification of the percentage of ownership interest and the date that it was owned, from the
inception of this Project through the date of your answers to these Interrogatories.
DATED this 22nd day of October, 2008.
JONES & SWARTZ PLLC
By ~(:7~
BRUCE C. JONES
IDAHO POWER COMPANY'S FIRST SET OF INTERROGATORIES TO
GLENNS FERRY COGENERATION PARTNERS, LTD. - 8
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have this 22nd day of October, 2008, served the foregoing
Idaho Power Company's First Set of Interrogatories to Glenns Ferr Cogeneration Partners,
Ltd. upon all parties of record in this proceeding, by the method indicated, addressed as follows:
Glenns Ferry Cogeneration Partners, Ltd.
c/o Power Plant Management Services, LLC
7001 Boulevard 26, Suite 310
North Richland Hils, TX 76180
Attn: Fred Barber/Scott Gross
(X U.S. Mail
( ) Fax: [phone]
( ) Overnight Delivery
( ) Messenger Delivery
( ) Email: tbarber((ppmsllc.com
sgrossppms((suddenlink.net
National Corporate Research LT
921 S. Orchard Street, Suite G
Boise, ID 83706
(X) U.S. Mail
( ) Fax:
( ) Overnight Delivery
( ) Messenger Delivery
( ) Email:
~ i~5?:
BRUCE C. JONES
IDAHO POWER COMPANY'S FIRST SET OF INTERROGATORIES TO
GLENNS FERRY COGENERATION PARTNERS, LTD. - 9