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Home My WebLink About20081022IPC to Glenns Ferry 1-14.pdf--c:z:-~j-c:o Bruce C. Jones, ISB #3177 JONES & SWARTZ PLLC 1673 W. Shoreline Drive, Suite 200 (83702) Post Office Box 7808 Boise, Idaho 83707-7808 Telephone: (208) 489-8989 Facsimile: (208) 489-8988 E-mail: bruce((jonesandswartlaw.com RECEIVED 2009 OCT 22 PH 3: 43 IDA.HO PUSIJC UTIUTIÈS COMMISSION Attorneys for Idaho Power Company BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IDAHO POWER COMPANY, Case No. IPC-E-08-20 Complainant, vs.IDAHO POWER COMPANY'S FIRST REQUEST FOR PRODUCTION OF DOCUMNTS 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 though 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 responses to the following First Request for Production of Documents within twenty-eight (28) days of serice hereof and any objections to this discovery within fourteen (14) days of serce hereof. IDAHO POWER COMPANY'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO GLENNS FERRY COGENERATION PARTNERS, LTD.-1 PRELIMINARY STATEMENT A. When answering and responding to the following Requests for Production, 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, offcers, 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 canot answer any of the following Requests for Production 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 Request for Production 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 Request for Production. D. This Request for Production is 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 Request for Production 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 communcation 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 communcation was oral or written. DEFINITIONS As used thoughout these Requests for Production, term and phrses should be given their plain and well-accepted meaning as found in common forms of usage but should also be IDAHO POWER COMPANY'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO GLENNS FERRY COGENERATION PARTNERS, LTD.-2 interpreted to include the following particulars: 1. The term "communcation" or "communications" 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, printed, tape recorded, electronically recorded, videotape recorded, visually reproduced, steno- graphically reproduced or reproduced in any other maner; b) Any writing or communication stored on a computer or backed up to any electronic storage media; c) Any spreadsheet in draft, preliminary or final form; d) Originals and copies of any and all communications; e) Writings of any kind or tye whatsoever; t) Books and pamphlets; g) Microtape, microfim, 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, minutes and inter-office communications; j) Letters, correspondence, and emails; IDAHO POWER COMPANY'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO GLENNS FERRY COGENERATION PARTNERS, LTD. - 3 k) Any writing or communication 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 instruents or official documents; 0) Published material of any kind; p) Vouchers, receipts, invoices, bils, orders, bilings and checks; q) Investigation or incident reports; r) Files and records; s) Notes or sumaries 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; t) Present or last known address; g) Date of hire; and if applicable h) Date of termination or resignation of employment, and reason( s) therefor, if applicable. IDAHO POWER COMPANY'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO GLENNS FERRY COGENERATION PARTNERS, LTD.-4 4. The term "identify" when referring to a communication means to state the date thereof, the individual(s) witness thereto, the place where said conversation, statement or communcation took place, and the substance of the same. 5. The term "identify" when referring to a document shall mean to set fort: 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 sufficient 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 means establish the identity of someone or something with sufficient detail and characteristics that the propounding party has an understanding equal to that of the answering or responding part. 6. The terms "you" and "your" mean Glenns Ferr Cogeneration Partners, Ltd. and all or any of your affiliated or associated companies, agents, inurers, 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 REQUEST FOR PRODUCTION OF DOCUMENTS TO GLENNS FERRY COGENERATION PARTNERS, LTD. - 5 8. The term "subject matter of this action" mean all allegations, claim, and defenses at issue in this action, whether set forth in the Petition/Complaint or Respondent's Anwer thereto. 9. The term" Agreement" means 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 Glenn Ferr 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. REQUEST FOR PRODUCTION OF DOCUMENTS REQUEST FOR PRODUCTION NO.1: Please produce any and all documents that you mayor wil offer as evidence in the hearng of the above-captioned matter. REQUEST FOR PRODUCTION NO.2: Please produce all of your organzational documents, including but not limited to Aricles of Organization, operating agreements, anual reports, any other formation or operating documents, and all amendments or addendums to any of the requested documents. REQUEST FOR PRODUCTION NO.3: Please produce all of your resolutions, minutes, and records of directors and/or management committee meetings from Januar 1, 2005 to the present. REQUEST FOR PRODUCTION NO.4: Please produce your tax returns for 2005 to the present, including all schedules and attachments. REQUEST FOR PRODUCTION NO.5: Please produce all of your monthy, bi-monthy, bi-anual, or annual financial statements, income statements, expense ledgers, and balance sheets IDAHO POWER COMPANY'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO GLENNS FERRY COGENERATION PARTNERS, LTD.-6 from Januar I, 2005 to the present, including those produced internally and those audited or prepared by an independent accountant, and including all schedules and attachments. REQUEST FOR PRODUCTION NO.6: Please produce all documents evidencing any communcation with the Federal Energy Regulatory Commission (FERC), including but not limited to all communications regarding obtaining initial qualifyng facility status, licensing, renewal of licensing, self-cerification of qualifyng facility status, and the loss of the theral host for the Project from the inception of the Project through the date of your responses to these Requests for Production. REQUEST FOR PRODUCTION NO.7: Please produce all documents evidencing any communication with Idaho Power Company from Janua 1,2005 though the date of your responses to these Requests for Production. REQUEST FOR PRODUCTION NO.8: Please produce all documents evidencing any communication with Idaho Fresh-Pak, Inc. from Januar 1, 2005 through the date of your responses to these Requests for Production. REQUEST FOR PRODUCTION NO.9: Please produce all theral host contrcts for the Project, including but not limited to all addendums or amendments thereto. REQUEST FOR PRODUCTION NO. 10: Please produce all theral sales contracts for the Project, including but not limited to all addendums or amendments thereto. REQUEST FOR PRODUCTION NO. 11: Please produce all documents evidencing any fuel supply and transportation contracts for the Project, including but not limited to all natural gas contracts, from the inception of the Project to the date of your responses to these Requests for Production. IDAHO POWER COMPANY'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO GLENNS FERRY COGENERATION PARTNERS, LTD. -7 REQUEST FOR PRODUCTION NO. 11: Please produce all documents evidencing any fuel supply and transportation contracts for the Project, including but not limited to all natual gas contracts, from the inception of the Project to the date of your responses to these Requests for Production. REQUEST FOR PRODUCTION NO. 12: Please produce all documents evidencing any communications with any individual or entity regarding your efforts to replace Idaho Fresh-Pak, Inc. as the thermal host for the Project. REQUEST FOR PRODUCTION NO. 13: Please produce all communcations with any lender or other financial institution regarding the loss ofIdaho Fresh-Pak, Inc. as the thermal host for the Proj ect. REQUEST FOR PRODUCTION NO.14: Please produce all communcations with Bloomfield Glenns Ferr, Inc., Bloomfield Idaho Management, Inc., Black Hils Generation, Black Hils Energy, Inc., and Black Hils Corporation regarding the loss of Idaho Fresh-Pak, Inc. as the thermal host for the Project. DATED this 22nd day of October, 2008. JONES & SWARTZ PLLC By BRUCE C. JONES IDAHO POWER COMPANY'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS 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 Idao Power Company's First Request for Production of Documents to Glenns Ferry Cogeneration Partners, Ltd. upon all parties of record in this proceeding, by the method indicated, addressed as follows: Glenns Ferry Cogeneration Parers, Ltd. c/o Power Plant Management Services, LLC 7001 Boulevard 26, Suite 310 Nort Richland Hils, TX 76180 Attn: Fred Barber/Scott Gross (Xl U.S. Mail ( 1 Fax: (817) 616-0754 ( 1 Overnight Delivery ( 1 Messenger Delivery ( 1 Email: fbarber((ppmsllc.com sgrossppms((suddenlink.net National Corporate Research LT 921 S. Orchard Street, Suite G Boise, ID 83706 (Xl U.S. Mail ( ) Fax: ( ) Overnight Delivery ( ) Messenger Delivery ( ) Email: ß~l.-?~ BRUCE C. JONES IDAHO POWER COMPANY'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO GLENNS FERRY COGENERATION PARTNERS, LTD. - 9