20100624Staff 1-16 to AgPower Jerome.pdf

SCOTT WOODBURY
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 1895
RECE çn
2Ulß JUN24 AM 10: 41
Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5918
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
Complainant,
)
) CASE NO. IPC-E-I0-11
)
) FIRST PRODUCTION
) REQUEST OF THE
) COMMISSION STAFF TO
) AGPOWER JEROME, LLC
)
)
AGPOWER JEROME, LLC,
vs.
IDAHO POWER COMPANY,
Respondent.
The Staff of the Idaho Public Utilties Commission, by and through its attorney of record,
Scott Woodbury, Deputy Attorney General, requests that AgPower Jerome, LLC (AgPower)
provide the following documents and information as soon as possible, but no later than
THURSDAY, JULY 15,2010.
This Production Request is to be considered as continuing, and AgPower Jerome, LLC is
requested to provide, by way of supplementary responses, additional documents that it or any
person acting on its behalf may later obtain that will augment the documents produced.
For each item, please indicate the name of the person(s) preparing the answers, along
with the job title of such person(s) and the witness who can sponsor the answer at hearing.
Please provide answers to each question, supporting workpapers that provide detail or are
the source of information used in calculations. AgPower is reminded that responses pursuant to
FIRST PRODUCTION REQUEST TO
IDAHO POWER COMPANY 1 JUE 24, 2010
Commission Rules of Procedure must include the name and phone number of the person
preparng the document, and the name, location and phone number of the record holder and if
different the witness who can sponsor the answer at hearing if need be. Reference IDAPA
31.01.01.228.
In addition to the written copies provided as response to the questions, please provide all
Excel and electronic fies on CD with formulas activated.
REQUEST NO.1: Please provide a copy of the Power Purchase Agreement signed by
AgPower and submitted to Idaho Power Company prior to March 16,2010. Reference
Complaint page 1. Please state the date of PP A submittal to the Company. Please indicate what
caused or motivated the signing and fuishing of a PP A to the Company on that date.
REQUEST NO.2: Please provide a copy of the self-certification notice fied with
FERC prior to March 16,2010, for the 4.5 MW anaerobic digester project at the Double A Dairy
in Jerome, Idaho. When did AgPower and/or its predecessors in interest fie the self-certification
notice with the Federal Energy Regulatory Commission? Reference Complaint page 4, ~6.
REQUEST NO.3: A. Please provide a copy of the documents whereby AgPower
assumed the rights of other entities engaged in developing the anaerobic digester at the Double A
Dairy in Jerome. Please identify those other entities and provide contact information.
B. Please provide a copy of AgPower's corporate certificate of authority to transact
business in Idaho. Reference Complaint page 2, ~2.
REQUEST NO.4: Please state the date that AgPower first retained the legal services of
Richardson & O'Leary PLLC to represent it in all matters pertaining to the securing of a Power
Purchase Agreement from Idaho Power for the Double A Dairy anaerobic digester project in
Jerome, Idaho.
REQUEST NO.5: Please describe in detail the nature of the initial "contact with Idaho
Power in 2007". What was the date? How was the contact initiated? Who initiated the contact?
What was requested (if anything)? Please provide copies of all related notes, correspondence or
documentation. Reference Complaint page 4, ~9.
FIRST PRODUCTION REQUEST TO
IDAHO POWER COMPANY 2 JUNE 24, 2010
REQUEST NO.6: Please provide a detailed chronological record of the "extensive
contact with Idaho Power" engaged in by AgPower and/or its predecessors in interest regarding a
PPA for the Double A Dairy digester project. Reference Complaint page 5, ~ 11
REQUEST NO.7: Please provide a true and correct copy of the draft PPA (with cover
letter) provided to AgPower by Idaho Power in August 2009. Reference Complaint page 5, ~11.
REQUEST NO.8: Prior to making "substatial investments in development of the
project" did AgPower or its predecessors in interest, or persons acting on its or their behalf, ever
request, obtain, or read the Commission's Order No. 30744? Please provide specifics, identify
individual, date of review, etc. Reference Complaint page 5, ~~ 11, 12./
REQUEST NO.9: Does AgPower Jerome LLC believe that contract clauses regarding
liquidated damages and a required delay security deposit of $20 per k W based on maximum
capacity set forth in the draft PP A were clauses that were acceptable to the Company on the date
AgPower signed and submitted the draft PPA? Reference Complaint page 5, ~~ 13, 14, 15.
REQUEST NO. 10: Please describe any and all conversations with Idaho Power
regarding AgPower's reservation and/or objection to the liquidated damages and delay security
contract provisions. Reference Complaint page 5, ~~ 13, 14, 15.
REQUEST NO. 11: Regarding Complaint page 6, ~21, please specify the "prior
representations" that Idaho Power was on March 11, 2010, acting contrar to.
REQUEST NO. 12: A. Did AgPower or its counsel access or review Case No.
GNR-E-IO-01 on the Commission's website between March 9,2010 and March 16, 2010? If
yes, please indicate the date(s) that access was made and identify the individuals who made each
access. Reference Complaint page 6, ~19.
B. Did AgPower receive information from other paries that the avoided cost rates were
being recalculated? Please indicate who provided the information to AgPower, the date(s) the
information was provided and identify who at AgPower had knowledge.
FIRST PRODUCTION REQUEST TO
IDAHO POWER COMPANY 3 JUNE 24, 2010
c. Was AgPower or its counsel aware that the Northwest Power and Conservation
Council published and posted a new natural gas price forecast on March 8, 2010, in conjunction
with the Council's approval and release of its Sixth Power Plan? Please indicate each individual
who had knowledge and the dates that each first became aware of the new forecast.
REQUEST NO. 13: Please provide a copy of AgPower's Request for Interconnection.
Reference Complaint page 6, ~21.
REQUEST NO. 14: Please provide a copy of the completed Interconnection Feasibilty
Study for the AgPower Double A Dairy anaerobic digester project. Reference Complaint page 6,
~21.
REQUEST NO. 15: Please provide any and all documentation and specifics (date, etc.)
regarding AgPower's "request for a PPA containing any necessar updated clauses". Reference
Complaint page 7, ~22.
REQUEST NO. 16: What information and proposed changes to the draft PPA terms (if
any) was communicated or provided by Idaho Power to AgPower in writing or orally prior to
AgPower's submittal of the signed PPA to the Company? Reference Complaint page 7, ~22.
DATED at Boise, Idaho, this dc.~ay of June 2010.
Scott Woodbury
Deputy Attorney General
Technical Staff: Rick Sterling
i:umise:prodreq/ipeeIO.l lswrps ipel
FIRST PRODUCTION REQUEST TO
IDAHO POWER COMPANY 4 JUNE 24, 2010
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 24TH DAY OF JUNE 2010,
SERVED THE FOREGOING FIRST PRODUCTION REQUEST OF THE
COMMISSION STAFF TO AGPOWER JEROME, LLC, IN CASE NO. IPC-E-IO-11,
BY MAILING A COPY THEREOF, POSTAGE PREPAID, TO THE FOLLOWING:
DONOV AN E WALKER
LISA D NORDSTROM
IDAHO POWER COMPANY
POBOX 70
BOISE ID 83707-0070
E-MAIL: dwalker(iidahopower.com
lnordstrom(iidahopower .com
PETER J RICHARDSON
GREG MADAMS
RICHARDSON & O'LEARY
PO BOX 7218
BOISE ID 83702
E-MAIL: peter(irichardsonandoleary.com
greg(irichardsonandolear.com
Jo~_SECRET Y
CERTIFICATE OF SERVICE