20120221Grand View Solar to IPC [1-12].pdf

Peter J. Richardson
ISB No. 3195
GregoryM. Adams
ISB No. 7454
Richardson & O'Lear
515 N. 27th Street
P.O. Box 7218
Boise, Idaho 83702
Telephone: [phone] Tel
Fax: [phone] Fax
petercÐrichardsonandolear .com
Attorneys for Grand View PV Solar Three, LLC
and Grand View PV Solar Four, LLC
RECEIVED
1012 FEB 21 PH 12: l I
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
GRA VIEW PV SOLAR THREE, LLC
Complainant,
GRAD VIEW PV SOLAR FOUR, LLC
Complainant,
)
) CASE NO. IPC-E-12-01
)
)) FIRST PRODUCTION REQUEST
OF GRAND VIEW PV SOLAR
)) THREE, LLC AND GRAND VIEW PV
) SOLAR FOUR, LLC TO IDAHOPOWER COMPANY
)
)
vs.
IDAHO POWER COMPANY,
Defendant.
Pursuant to Rule 225 of the Rules of Procedure of the Idaho Public Utilties Commission
(the "Commission"), Grand View PV Solar Two, LLC and Grand View PV Solar Four, LLC, by
and through their attorney of record, Peter J. Richardson, hereby request that Idao Power
Company ("Idaho Power") provide the following Documents.
This production request is to be considered as continuing, and Idao Power 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 Documents produced.
For the puroses of these requests, the following words have the following meanngs:
First Production Request of Grand ViewPV Solar Three and Four 1
1. "Documents" refers to all wrtings and records of every type in your possession, control,
or custody, whether or not claied to be privileged or otherwse excludable from
discovery, includig but not limited to: testimony and exhbits, memoranda, papers,
correspondence, letters, reports (including drafts, prelimnar, intermediate, and final
reports), sureys, analyses, studies (including economic and market studies), sumaries,
comparsons, tabulations, bils, invoices, statements of services rendered, chars, books,
pamphlets, photographs, maps, bulletins, corporate or other minutes, notes, diaries, log
sheets, ledgers, transcripts, microfim, microfiche, computer data (including E-mail),
computer fies, computer tapes, computer inputs, computer outputs and pritouts,
vouchers, accounting statements, budgets, work papers, engineering diagrams (including
"one-line" diagrams), mechancal and electrical recordings, telephone and telegraphic
communcations, speeches, and all other records, wrtten, electrcal, mechanical, or
otherwse, and drafs 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 contans 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 ~, letter,
memorandum, minutes); the date, ifany, appearng 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
First Production Request of Gran View
PV Solar Three and Four 2
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 full name; his or her most recently
known home and business addresses and telephone numbers; his or her present title and
position; and his or her present and prior connections or associations with any paricipant
or par to this proceeding.
3. "Idaho Power Company" or "IPCo" refers to Idaho Power Company, any affliated
company, or any officer, director or employee, or any affiliated company.
4. "Person" refers to, without limiting the generality of its meaning, every natual person,
corporation, parership, association (whether formally organized or ad hoc), joint
ventue, unt operation, cooperative, municipality, commssion, governenta body or
agency, or any other group or organization.
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 within the scope of this discovery any information
or Documents which might otherwse 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 singular, whenever appropriate in order to bring within the scope
of ths discovery request any information or Documents which might otherwse be
considered to be beyond their scope.
First Production Request of Grd View
PV Solar Three and Four 3
Please provide one copy of your answer to Mr. Richardson at the address noted above
and one copy to Dr. Reading at 6070 Hil Road, Boise, Idao 83703.
For each item, please indicate the name of the person(s) preparng the answers, along
with the job title of such person(s) and the witness at hearng who can sponsor the answer.
REQUEST FOR PRODUCTION NO.1:
Please provide copies of all Documents and communcations Idao Power has had (both
internal and external) regarding Grand View PV Solar Thee, LLC and Grand View PV Solar
Four, LLC.
REQUEST FOR PRODUCTION NO.2:
Please explai, and provide all Documents related to, Idaho Power's denial of the
allegation contaned in Paragraph 14 of the Formal Complaint filed by Grand View PV Solar
Thee, LLC and Grand View PV Solar Four, LLC with the Idao PUC on Janua 3,2012,
(hereinafter the "Complaint").
REQUEST FOR PRODUCTION NO.3:
Please admit that On July 10,2011, Idaho Power, through its attorney Donovan Walker,
stated that, "IPC has tendered a draf contract for this project, which was rejected by the project."
And also in the same communcation that "To clarify: the paries will sign the last tendered draft
contract, to which you indicated the project was in complete agreement with - except for a
change in the project name, and the Environmental Attbute language in Article 8."
A. If you admit, then please reconcile that admission with Idaho Power's denial of the
allegation contaed in Paragraph 23 of the Complaint.
B. Please specifically identify, and provide all related Documents, all issues associated
with the Grand View PV Solar Thee, and Four contracts that were unesolved as of
July 2, 2011, other than REC ownership and a correction to the names of the projects.
C. Please specifically identify, and provide all related Documents, each difference
between the PPA offered to Grand View on December 2,2011 and the PPA
"tendered" by Mr. Walker in July 2011. Please explain and Document the reason for
each identified difference.
REQUEST FOR PRODUCTION NO.4:
Idaho Power denies the first sentence in Paragraph 27 of the Complaint, which sentence
states that, "Grand View gave Idaho Power no reason to make the assumption that it was
'waiting for the resolution' of Grand View PV Solar Two's complaint on ownership of
environmental attbutes." Please provide copies of all Documents and communcations and/or
First Producton Request of Grand View
PV Solar Three and Four 4
notes from communications with or from Grand View upon which Idaho Power relied in makng
the referenced assumption.
REQUEST FOR PRODUCTION NO.5:
Please provide copies of all correspondence, Documents, notes and all other material
related to Idaho Power's PURPA contract with Interconnect Solar. Said information should
include the avoided cost pricing models and inputs in both hard copy and usable electronic
format.
REQUEST FOR PRODUCTION NO 6:
Idaho Power denied the allegation in Paragraph No. 32 of the Complaint to the effect that
Idaho Power did not respond to an October 21, 2011 emial inquir as to the status of the PP As
for Grand View PV Solar Thee and Four. Please provide all Documents relied upon by Idaho
Power in making said denial.
REQUEST FOR PRODUCTION NO.7:
Idaho Power denied the allegation in Paragraph No. 34 of the Complaint to the effect that
Idaho Power did not respond to a November 21, 2011 emial inquiry as to the status of the PP As
for Grand View PV Solar Three and Four. Please provide all Documents relied upon by Idaho
Power in making said deniaL.
REQUEST FOR PRODUCTION NO.8:
Please admit that the PP A Idaho Power provided to Grand View on December 2, 2011
does not contain avoided cost rates calculated using the inputs to the IRP methodology that were
in effect in July 2011. If you admit, please Document each input that results in different avoided
cost rates and the impact of each changed input on avoided cost rates.
REQUEST FOR PRODUCTION NO.9:
Please provide all Documents, notes, correspondence and inputs and calculations related
to the calculation of the rates contaned in:
A. The PPA Idaho Power provided to Grand View on December 2,2011; and,
B. The PP A Idaho Power provided to Interconnect Solar in October 2011.
REQUEST FOR PRODUCTION NO. 10:
Please explain why the PP A provided to Grand View on December 2, 2011, contans a
clause in Section 1.12 addressing "low wind availability."
First Production Request of Gran View
PV Solar Thre and Four 5
REQUEST FOR PRODUCTION NO. 11:
Please explain whether the PP A provided to Grand View on December 2, 2011, accounts
for seasonal differentials in avoided cost rates. If it does account for seasonal differentials in
avoided cost rates please Document that differential with copies of all studies, notes and
information explaining the differential and how it is reflected in the avoided cost rates in the
PPA.
REQUEST FOR PRODUCTION NO. 12:
Idaho Power admitted that it provided Grand View with a contract on December 2,2011
that contans rates substatially below the rates it offered to Interconnect Solar in October 2011.
Please provide all Documentation supporting the change in avoided cost rates between October
2011 and December 2, 2011.
A. Did the Idaho Public Utilties Commission approve the reduction in avoided cost rates
reflected in the Solar PP A offered to Interconnect Solar and the Solar PP A offered to
Grand View two months later? If so, please provide Documentation showing said
approval and provide copies of all authority relied upon to effect the change in
avoided cost rates.
B. Please Document Idaho Power's internal decision to change the IRP methodology
inputs that resulted in lower avoided cost rates between offering Interconnect Solar its
PP A in October and the December 2 PP A offered to Grand View. Include all notes,
memorandum, Board of Director's minutes and agenda and any other wrting
Documenting the decision to change the inputs resulting in lower avoided cost pricing
for Grand View on December 2,2011, from the avoided cost pricing offered to
Interconnect Solar in October, 2011.
DATED ths 21st day of Febru 2012.
Richardson & O'Lear, LLP
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'Y~ l/ I¿r~ Li/-By l. r-
Peter J. Richardson
Grand View PV Solar Thee, LLC
Grand View PV Solar Four, LLC
First Production Request of Grand View
PV Solar Thre and Four 6
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 21st day of Februar, 2012, a tre and correct copy of
the within and foregoing FIRST PRODUCTION REQUEST OF GRAD VIEW PV SOLAR,
THREE, LLC AND GRAD VIEW PV SOLAR FOUR, LLC, was served by HAND
DELIVERY, to:
Donovan E. Walker
Idaho Power Company
1221 West Idaho Street
Boise, Idaho 83707-0070
Jean Jewell
Commission Secreta
Idaho Public Utilties Commission
472 West Washington
Boise, Idaho 83702
~1\\Cu~,
Nina Curis
Admnistrative Assistat
Firt Production Request of Grand View
PV Solar Three and Four 7