20120605Staff 6-10 to IPC.pdf

KRISTINE A. SASSER
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
P0 BOX 83720
BOISE, IDAHO 83720-0074
[phone]
BAR NO. 6618
RE CE I \/ ED
2012 JUN -5 AM 8: 47
iJ JTLTIES COMMSSON
Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5918
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
IDAHO POWER COMPANY FOR APPROVAL )
OF A FIRM ENERGY SALES AGREEMENT )
WITH YELLOWSTONE POWER, INC. FOR )
THE SALE AND PURCHASE OF ELECTRIC )
ENERGY. )
)
)
CASE NO. IPC-E-10-22
SECOND PRODUCTION
REQUEST OF THE
COMMISSION STAFF TO
IDAHO POWER COMPANY
The Staff of the Idaho Public Utilities Commission, by and through its attorney of record,
Kristine A. Sasser, Deputy Attorney General, requests that Idaho Power Company (Idaho Power;
Company) provide the following documents and information as soon as possible, but no later
than TUESDAY, JUNE 26, 2012.
This Production Request is to be considered as continuing, and Idaho Power 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. Idaho Power is reminded that responses pursuant
to Commission Rules of Procedure must include the name and phone number of the person
SECOND PRODUCTION REQUEST TO
IDAHO POWER COMPANY 1 JUNE 5, 2012
preparing 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. Reference IDAPA 31.01.01.228.
In addition to the written copies provided as response to the questions, please provide all
Excel and electronic files on CD with formulas activated.
REQUEST NO. 6: Please provide a copy of the May 3, 2012 Notice of Material Breach
sent by Idaho Power to Yellowstone Power.
REQUEST NO. 7: Please provide a copy of the letter of response sent by Yellowstone
to Idaho Power alleging a force majeure event had occurred that precluded Idaho Power from
collecting delay security.
REQUEST NO. 8: Please explain whether Idaho Power agrees that a force majeure
event has, in fact, occurred that precludes it from collecting delay security. If Idaho Power
believes that a force majeure event has occurred, please explain why it believes it is entitled to
more than the $106,804 already owed as non-performance damages from the Renewable Energy
Agreement. If Idaho Power does not believe that a force majeure event has occurred, please
explain why it does not believe it is entitled to the full $450,000 amount of Delay Liquidated
Damages in addition to the $106,804 already owed.
REQUEST NO. 9: Please explain any rationale for the specific amount of $200,000 to
be paid by Yellowstone to Idaho Power under the terms of the Settlement Stipulation. If the
amount is based on any calculations of actual damages or other analysis, please provide a copy
of that analysis.
REQUEST NO. 10: Please explain why Idaho Power believes that the Settlement
Agreement is in the public interest.
SECOND PRODUCTION REQUEST TO
IDAHO POWER COMPANY 2 JUNE 5, 2012
DATED at Boise, Idaho, this day of June 2012.
WA
Knstine A. Sasser
Deputy Attorney General
Technical Staff: Rick Sterling
i:umisc:prodreqfipce I O22ksrps pr2
SECOND PRODUCTION REQUEST TO
IDAHO POWER COMPANY 3 JUNE 5, 2012
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 5TH DAY OF JUNE 2012,
SERVED THE FOREGOING SECOND PRODUCTION REQUEST OF THE
COMMISSION STAFF TO IDAHO POWER, IN CASE NO. IPC-E-10-22, BY
MAILING A COPY THEREOF, POSTAGE PREPAID, TO THE FOLLOWING:
DONOVAN E WALKER
LISA D NORDSTROM
IDAHO POWER COMPANY
P0 BOX 70
BOISE ID 83707-0070
E-MAIL: [e-mail]
[e-mail]
RANDY C ALLPHIN
ENERGY CONTRACT ADMINISTRATOR
IDAHO POWER COMPANY
P0 BOX 70
BOISE ID 83707-0070
E-MAIL: [e-mail]
DICK VINSON
YELLOWSTONE POWER, INC.
P0 BOX 1539
THOMPSON FALLS MT 59873
E-MAIL: [e-mail]
DEAN J. MILLER
MCDEVITT & MILLER LLP
420 WEST BANNOCK ST
BOISE ID 83701
E-MAIL: [e-mail]
P w 110 - , -
CRETARY
CERTIFICATE OF SERVICE