20130501Glanbia 1-13 to IPC.pdf

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Peter J. Richardson
Gregory M. Adams
Richardson & O'Leary, PLLC
515 N. 27' Street
P.O. Box 7218
Boise, Idaho 83702
Telephone: [phone]
Fax: [phone]
[e-mail]
glejz@,dchardsonandolegg.com
Attorneys for Petitioner, Glanbia Foods, Inc.
2fl13 MAY -I PM 1:36
UTI
1
Ii1ES OOMMiSSu
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF GLANBIA FOODS, INC)
FOR APPROVAL OF AN ALLOWANCE ) PURSUANT TO IDAHO POWER ) COMPANY'S RULE H
Case No. IPC-E-13-09
FIRST PRODUCTION REQUEST
AND REQUEST FOR ADMISSIONS
TO IDAHO POWER
Pursuant to Rule 225 of the Rules of Procedure of the Idaho Public Utilities Commission
(the "Commission"), Glanbia Foods, Inc. ("Glanbia") hereby requests that Idaho Power
Company ("Idaho Power"or the "Company") provide responses to the following with supporting
documents, where applicable.
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 responses or documents produced.
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 and to Dr.
Reading at dreadingcmindspring.com 6070 Hill Road, Boise, Idaho 83703. 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 Glanbia is willing to sign any reasonable protective agreement prior to the due date
of these requests, and any confidentiality concerns should not delay the responses.
For the purposes of these requests, the following words have the following meanings:
1. "Documents" refers to all writings and records of every type in your possession, control,
or custody, whether or not claimed to be privileged or otherwise excludable from
discovery, including but not limited to: testimony and exhibits, memoranda, papers,
correspondence, letters, reports (including drafts, preliminary, intermediate, and final
reports), surveys, analyses, studies (including economic and market studies), summaries,
comparisons, tabulations, bills, invoices, statements of services rendered, charts, books,
pamphlets, photographs, maps, bulletins, corporate or other minutes, notes, diaries, log
sheets, ledgers, transcripts, microfilm, microfiche, computer data (including 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
communications, speeches, and all other records, written, electrical, mechanical, or
otherwise, and drafts of any of the above.
Page 2— FIRST PRODUCTION REQUEST AND REQUEST FOR ADMISSION OF GLANBIA TO
IDAHO POWER
"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 handwritten or other
notations or which otherwise 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 nature of the document letter,
memorandum, minutes); the date, if any, appearing thereon; the date, if known, 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 otherwise participated 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
Page 3— FIRST PRODUCTION REQUEST AND REQUEST FOR ADMISSION OF GLANBIA TO
IDAHO POWER
position; and his or her present and prior connections or associations with any participant
or party to this proceeding.
3."Idaho Power" refers to IdaCorp, any affiliated company, or any officer, director or
employee of IdaCorp, or of any affiliated company, including Idaho Power.
4."Person" refers to, without limiting the generality of its meaning, every natural person,
corporation, partnership, association (whether formally organized or ad hoc), joint
venture, unit operation, cooperative, municipality, commission, governmental 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 construed either disjunctively or conjunctively
whenever appropriate in order to bring within 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 singular, whenever appropriate in order to bring within the scope
of this discovery request any information or documents which might otherwise be
considered to be beyond their scope.
Page 4 - FIRST PRODUCTION REQUEST AND REQUEST FOR ADMISSION OF GLANBIA TO
IDAHO POWER
REQUEST FOR PRODUCTION NO. 1
At page 11, Idaho Power's Petition provides:
The Commission and its Staff are familiar with the validity of the Company's
construction and bidding practices, which are reviewed during the Company's
applications for Certificates of Public Convenience and Necessity and during the annual
Rule H tariff update.
Please provide copies of the bidding practices referred to.
REQUEST FOR PRODUCTION NO. 2
Please explain in detail, with supporting documents, how the Company's bidding practices are
"reviewed" by the Commission and its Staff
REQUEST FOR PRODUCTION NO. 3
Please provide copies of all of the Company's bidding practices as they relate to the construction
and extension of and expansion of electrical service to industrial scale customers.
REQUEST FOR PRODUCTION NO. 4
At page 10, Idaho Power's Petition provides:
The Company considered whether granting Glanbia some Company Betterment amount
would be appropriate in this instance, but after reviewing its load forecast for the area, the
Company concluded that there is no indication for additional capacity needs in that
substation in the near term.
Please provide a copy of the "load forecast for the area" relied on to support the conclusion
reached in that sentence along with all workpapers and supporting documents used to prepare the
same.
REQUEST FOR ADMISSION NO. 1
Please admit that the North American Electric Reliability Corporation defines the distinction
between transmission and distribution by function and not size. Reference:
http://www.google.comlurl ?sa=t&rct=j &gg1ossary%2OoWo2Oterms%2Oused%2Oin%20nerc%2
Oreliability%2Ostandards&source=web&cd= 1 &ved=OCDAOFjAA&url=http%3A%2F%2Fwww
.nerc.com%2Ffiles%2FGlossary of Terms.pdf&ei1wWAUeyLI42EiwLR6YDoBQ&usgAFQ
j CNEYgu93 FXojlr-7E9NCaMJTWc6hfw&bvm=bv.4592 11 28.,d.cGE
Page 5— FIRST PRODUCTION REQUEST AND REQUEST FOR ADMISSION OF GLANBIA TO
IDAHO POWER
REQUEST FOR PRODUCTION NO. 5
Please explain the rationale for the Company's policy of restricting vested interests to
distribution facilities. If your answer is to simply reference Rule H, please provide all
documents supporting the provision in Rule H restricting vested interest from being applicable to
facilities other than distribution facilities.
REQUEST FOR PRODUCTION NO. 6
Please provide all documentation related to Idaho Power's granting of a vested interest in the
substation facilities constructed by Idaho Power to serve Micron Technologies' Nampa facility.
REQUEST FOR PRODUCTION NO. 7
Please identify all other instances, and document the same, in which Idaho Power has granted a
vested interest in facilities other than distribution facilities.
REQUEST FOR PRODUCTION NO. 8
Please explain the rationale for allowing subdivision developers to have a vested interest in
transformers while not allowing industrial customers to have a vested interest in transformers
and substation facilities.
REQUEST FOR PRODUCTION NO. 9
Idaho Power's Answer at page 9 provides:
Glanbia's proposed allowance as calculated in Exhibit B to the Petition represents a re-
packaging of a computation Staff presented in initial comments in Case No. IPC-E-08-22,
which was not adopted by the Commission in either its initial Order No. 30853 or its
Reconsideration Order No. 300955.
Please explain what is meant by the phrase "represents a re-packaging".
REQUEST FOR ADMISSION NO. 2
Glanbia's Petition at page 4 provides:
Idaho Power has refused to entertain the concept of an allowance for the Glanbia project
despite Dr. Reading's assurances that he calculated the Glanbia allowance using the
identical methodology used by the Staff in calculating the generic allowances for other
classes.
Page 6— FIRST PRODUCTION REQUEST AND REQUEST FOR ADMISSION OF GLANBIA TO
IDAHO POWER
And at page 5:
As can be seen by Dr. Reading's work in Exhibit B [to the Petition], he used precisely the
facilities referenced by Mr. Anderson [Exhibit C to the Petition]in arriving at his
calculations.
Please admit or deny that Dr. Reading's work as shown in Exhibit B calculates the allowance
due to Glanbia using the identical methodology used by the Staff in calculating generic
allowances for other classes of customers. If you deny, please specifically identify each and
every variance from said methodology used by Dr. Reading.
Please also admit or deny that Dr. Reading's work as shown in Exhibit B uses precisely the
facilities referenced by Mr. Anderson in his letter reproduced at Exhibit C of the Petition. If you
deny, please specifically identify each and every variance from the facilities referenced by Mr.
Anderson that you believe Dr. Reading inappropriately used or inappropriately did not use.
REQUEST FOR PRODUCTION NO. 10
Please document every instance in the last ten years in which Idaho Power has granted a Rule H
allowance to an industrial customer.
REQUEST FOR PRODUCTION NO. 11
Idaho Power's Answer at page 11 provides:
In fact, on February 1, 2013, Idaho Power solicited non-binding Engineering,
Procurement, and Construction ("EPC") proposals from four contractors through the
Company's Request for Information ("RFI") Process.
Please describe the RFI process and provide all documentation related to how it works and how
it was developed.
REQUEST FOR PRODUCTION NO. 12
Reference the quote in Request for Production No. 10. Please provide the solicitations, all
documents used to prepare the solicitations and the responses to the solicitations. Please
describe how the four contractors were selected to receive the solicitations.
REQUEST FOR PRODUCTION NO. 13
Reference Attachment 5 to Idaho Power's Answer. Please provide all workpapers and
documents used or referred to in the preparation of the IPCO EPC (Engineer Procure Construct)
Page 7— FIRST PRODUCTION REQUEST AND REQUEST FOR ADMISSION OF GLANBIA TO
IDAHO POWER
Summary. Specifically explain why there are zero dollars bid for some of the project work.
Please detail and itemize the components of and source of the "General Overheads" and the "Tax
Gross Up." Please also itemize and document the components and source of "Idaho Power
Support and Oversight of EPC."
Thank you for your prompt attention to this First Request for Production.
Sincerely yo
lslpzevAd--(—~
Peter J. Richardson
Gregory M. Adams
RICHARDSON & O'LEARY PLLC
Attorneys for Complainant
a
Page 8— FIRST PRODUCTION REQUEST AND REQUEST FOR ADMISSION OF GLANBIA TO
IDAHO POWER
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 1st day of May, 2013, a true and correct copy of the
within and foregoing FIRST PRODUCTION REQUEST AND REQUEST FOR
ADMISSION OF GLANBIA FOODS, INC. TO IDAHO POWER was served in the manner
shown to:
Jean Jewell X Hand Delivery
Commission Secretary U.S. Mail, postage pre-paid
Idaho Public Utilities Commission - Facsimile
472 W. Washington L Electronic Mail
Boise, ID 83702
jean.iewe11(puc.idaho. gov
Lisa Nordstrom X Hand Delivery
Regulatory Dockets _U.S. Mail, postage pre-paid
Idaho Power Company - Facsimile
1221 West Idaho Street X Electronic Mail
Boise, Idaho 83702
[e-mail]
[e-mail]
Warren Kline X Hand Delivery
Mike Youngblood U.S. Mail, postage pre-paid
Idaho Power Company Facsimile
1221 West Idaho Street X Electronic Mail
Boise, Idaho 83702
[e-mail]
myoungblood(idthopower.com
By:
Peter Richardson
RICHARDSON & O'LEARY PLLC
Attorneys for Petitioner
Page 9— FIRST PRODUCTION REQUEST AND REQUEST FOR ADMISSION OF GLANBIA TO
IDAHO POWER
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