20100628AgPower 1-14 to Staff.pdf

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Peter J. Richardson
Gregory M. Adams
Richardson & O'Lear, PLLC
515 N. 27th Street
P.O. Box 7218
Boise, Idaho 83702
Telephone: [phone]
Fax: [phone]
peter§richardsonandolear.com
greg§richardsonandoleary.com
imu JUN 25PK 5=0 l
Attorneys for Complainant AgPower Jerome, LLC
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
AGPOWER JEROME, LLC,
Complainant,
IDAHO POWER COMPANY,
Defendant.
)
) Case No. IPC-E-I0-11
)
) FIRST PRODUCTION REQUEST TO
) THE COMMISSION STAFF
)
)
)
vs.
Pursuat to Rule 225 of the Rules of Procedure of the Idaho Public Utilties Commission
(the "Commission"), the AgPower Jerome, LLC ("AgPower") hereby requests that Commission
Staff ("Sta') provide responses to the following with supporting documents, where applicable,
as soon as possible, but no later than July 16,2010.
This production request is to be considered as continuing, and the Sta is requested to
provide by way of supplementa responses additional documents that it or any person acting on
its behalf may later obtan that will augment the responses or documents produced.
Page 1 - FIRST PRODUCTION REQUEST OF AGPOWER JEROME, LLC
OF COMMISSION STAFF - IPC-E-I0-ll
Please provide one physical copy of your responses to the address above, and electronic
copies, if available, to Mr. Richardson and Mr. Adams at the addresses noted above. Please
begin each response on a separate page and provide page numbers on responses longer than one
page.
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 at hearing who can sponsor the answer.
Some of the following requests may include disclosures deemed to be confidential.
Counsel for AgPower is willng to sign any reasonable protective agreement prior to the due date
of these requests, and any confdentiality concerns should not delay the responses.
For the purõses of these requests, the following words have the following meangs:
1. "Documents" refers to all wrtings and records of every type in your possession, control,
or custody, whether or not claimed to be privileged or otherwse excludable from
discovery, including but not limited to: testimony and exhibits, memoranda, papers,
correspondence, letters, reports (including drafts, preliminar, intermediate, and final
reports), sureys, analyses, studies (including economic and market studies), sumaries,
comparisons, tabulations, bils, invoices, statements of services rendered, chars, books,
pamphlets, photographs, maps, bulletins, corporate or other minutes, notes, diares, log
sheets, ledgers, transcripts, microfilm, microfiche, computer data (includig E-mail),
computer files, computer tapes, computer inputs, computer outputs and printouts,
vouchers, accounting statements, budgets, workpapers, engineering diagrams (including
"one-line" diagrams), mechanical and electrical recordings, telephone and telegraphic
Page 2 - FIRST PRODUCTION REQUEST OF AGPOWER JEROME, LLC
OF COMMISSION STAFF - IPC-E-lO-ll
communcations, speeches, and all other records, written, electrical, mechancal, or
otherwse, and drafts of any of the above.
"Documents" includes copies of documents, where the originals are not in your
possession, custody or control.
"Documents" includes every copy of a document which contains handwrtten or other
notations or which otherwse does not duplicate the original or any other copy.
"Documents" also includes any attachments or appendices to any document.
2. "Identification" and "identify" mean:
When used with respect to a document, stating the natue of the document (S!, letter,
memorandum, minutes); the date, if any, appearing thereon; the date, ifknown, on which
the document was prepared; the title of the document; the general subject matter of the
document; the number of pages comprising the document; the identity of each person
who wrote, dictated, or otherwse paricipated in the preparation of the document; the
identity of each person who signed or initiated the document; the identity of each person
to whom the document was addressed; the identity of each person who received the
document or reviewed it; the location of the document; and the identity of each person
having possession, custody, or control of the document.
When used with respect to a person, stating his or her ful name; his or her most recently
known home and business addresses and telephone numbers; his or her present title and
Page 3 - FIRST PRODUCTION REQUEST OF AGPOWER JEROME, LLC
OF COMMISSION STAFF - IPC-E-lO-ll
position; and his or her present and prior connections or associations with any paricipant
or pary to this proceeding.
3. "Idaho Power Company" or "Idaho Power" refers to refers to Idaho Power Company, any
affliated company, or any officer, director or employee ofIdaho Power Company, or any
afliated company.
4. "Person" refers to, without limiting the generality of its meanng, every natural person,
corporation, parership, association (whether formally organized or ad hoc), joint
venture, unit operation, cooperative, muncipality, commssion, governental body or
agency, or any other group or organzation.
5. "Studies" or "study" includes, without limitation, reports, reviews, analyses and audits.
6. The terms "and" and "or" shall be constred either disjunctively or conjunctively
whenever appropriate in order to bring withi the scope of this discovery any information
or documents which might otherwise be considered to be beyond their scope.
7. The singular form of a word shall be interpreted as plural, and the plural form of a word
shall be interpreted as singuar, whenever appropriate in order to bring withn the scope
of this discovery request any inormation or documents which might otherwse be
considered to be beyond their scope.
Page 4 - FIRST PRODUCTION REQUEST OF AGPOWER JEROME, LLC
OF COMMISSION STAFF - IPC-E-I0-ll
REQUEST FQR PRODUCTION NO.1
Please identify and provide all correspondence between Commission Staff and Idao Power
regarding avoided cost rates on dates on and between the date the Commission issued Order No.
30744 and March 16,2010. Please organze the correspondence chronologically beginnng with
the date of issuace of Order No. 30744.
REQUEST FOR PRODUCTION NO.2
Please identify and provide all correspondence between Commission Staff and Idaho Power
regarding delay damages provisions or liquidated damage provisions for PURP A contracts with
published avoided cost rates on dates on and between the date the Commission issued Order No.
30744 and March 16,2010. Please organze the correspondence chronologically beginnng with
the date of issuace of Order No. 30744.
REQUEST FOR PRODUCTION NO.3
Please identify and provide all documents and studies in Staff s possession regarding the
calculation of liquidated damage provisions for PURP A contracts.
REQUEST FOR PRODUCTION NO.4
Please identify and provide all documents in Staff s possession regarding the Wind SAR
generated by Staf or Idaho Power between the date the Commission issued Order No. 30744 and
March 16,2010.
REQUEST FOR PRODUCTION NO.5
The Commission website for Case No. GNR-E-lO-O 1 denotes the March 9,2010, letter (or the
"Letter") from Deputy Attorney General Scott Woodbur as the "application" in the case.
Reference IDAPA 31.01.01.121. Please explain whether Staff considers the March 9,2010,
letter the application in the case. Please identify the "applicant" in this docket as that term is
defined in Rule 32 of the Commission Rules of Procedure (IDAPA 31.01.01.032).
REQUEST FOR PRODUCTION NO.6
Please identify all persons to whom Staff sent this Letter on dates on and between March 9,
2010, and March 16,2010. Please organze the response by date, and identify the mode of
delivery by which Staff sent the letter.
REQUEST FOR PRODUCTION NO.7
Please explai why Mr. Woodbur's March 9,2010, letter was not sent to all paries who
paricipated in Case No. GNR-E-09-01, in which Order No. 30744 was the final order, or to all
Page 5 - FIRST PRODUCTION REQUEST OF AGPOWER JEROME, LLC
OF COMMISSION STAFF - IPC-E-I0-ll
paries who paricipated in GNR-E-09-03, where the Commission was investigating the Wind
SAR.
REQUEST FOR PRODUCTION NO.8
Please explain whether Staff or the Commission Secretar provided notice of application to
change rates in Case No. GNR-E-I0-0l to all interested persons pursuant to IDAPA
3 1.01.01. 123.02? Ifno, please explain why. If yes, please identify and provide such notice.
REQUEST FOR PRODUCTION NO.9
If Staf maintans that Mr. Woodbur's March 9, 2010, letter was not an application under the
Commission's rules of procedure, please explain why it is denoted as such on the Commission's
website for Case No. GNR-E-lO-01. If Staff maitans the Letter was an application, please
specifically explain how it conforms to Rules 52(1), 52(2), 52(3), 52(4) of the Commission's
Rules of Procedure (IDAPA 31.01.01.123.052).
REQUEST FOR PRODUCTION NO.1 0
If Staf maintains that Mr. Woodbur's March 9,2010, letter was not an application under the
Commission's rules of procedure, please explain how anyone other than the letter's addressees
would know to comment or paricipate in the matter intiated by the letter. Please include
explanation of how such interested paries would know the deadline to submit comments or the
date when the proposed rates would tae effect.
REQUEST FOR PRODUCTION NO. 11
Please explain how the public was informed it may review the rate schedule in Mr. Woodbur's
March 9, 2010, letter, and the proposed effective date of the proposed rates.
REQUEST FOR PRODUCTION NO. 12
Is it the Commission Stafs position that interested paries must check the Nortwest Power and
Conservation Council's website to recalculate avoided cost rates when a new gas schedule
becomes available? If so, please explain whether information regarding inputs and calculations
in the curent natual gas CCCT SAR methodology are publicly available for such interested
paries to recalculate avoided cost rates using that methodology and a new gas forecast. Please
identify where such information is publicly available and how interested paries would obtan it.
REQUEST FOR PRODUCTION NO. 13
Please provide all documents in Staff s possession demonstrating the exact date and time which
Mr. Woodbur's March 9, 2010, letter was posted on the Commssion's internet website
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OF COMMISSION STAFF - IPC-E-lO-ll
available to the public. Please provide the name of the witness(es) who can testify to this date
and time at a hearing.
REQUEST FOR PRODUCTION NO. 14
Please provide all internal documents and all correspondence regarding a telephone call from Mr.
Peter J. Richardson to Mr. Woodbur on or about March 10,2010, regarding avoided cost rates.
If Mr. Woodbur denies the occurence of such a conversation, please state so.
(a) Please explain whether Mr. Woodbur informed Mr. Richardson that Mr. Woodbur
would provide Mr. Richardson with Mr. Woodbur's March 9,2010, letter to Idaho
Power, Avista, and PacifiCorp, regarding avoided cost rates? Ifnot, please explai why.
(b) Please explain whether Mr. Woodbur informed Mr. Richardson of when the rates in the
March 9, 2010, letter were proposed to tae effect? Ifnot, please explain why.
(c) Please explain whether Mr. Woodbur informed Mr. Richardson that the matter would be
open to public comment in any maner? Ifnot, please explain why.
(d) Please explain whether Mr. Woodbur informed Mr. Richardson that the letter was
available on the Commission's website and available for public inspection? Ifnot, please
explain why.
(e) Please explain whether Mr. Woodbur inormed Mr. Richardson the Commssion would
address the new proposed avoided cost rates in GNR-E-I0-0l at its March 15,2010,
decision meeting? If not, please explai why.
Than you for your prompt attention to this First Request for Production.
Sincerely yours,
(?-P
Peter J. Richardson
RICHARDSON & O'LEARY, PLLC
Attorneys for AgPower Jerome, LLC
Page 7 - FIRST PRODUCTION REQUEST OF AGPOWER JEROME, LLC
OF COMMISSION STAFF - IPC-E-lO-ll
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 24th day of June, 2010, a true and correct copy ofthe
within and foregoing FIRST PRODUCTION REQUEST TO THE COMMISSION STAFF,
was served in the maner shown to:
Ms. Jean Jewell
Commssion Secreta
Idao Public Utilities Commssion
POBox 83720
Boise, ID 83720-0074
X Hand Delivery
_ U.S. Mail, postage pre-paid
Facsimile
Electronic Mail
Lisa D Nordstrom
Donovan E Walker
Idaho Power Company
PO Box 70
Boise, Idaho 83707-0070
lnordstrom§idahopower.com
dwalker§idahopower.com
_ Hand Delivery
lLU.S. Mail, postage pre-paid
Facsimile
-- Electronic Mail
M.Adams
ey for AgPower Jerome, LLC