20180425JR Simplot 1-20 to IPC.pdf

Peter J. Richardson, ISB No. 3195
Gregory M. Adams,ISB No. 7454
RICHARDSON ADAMS, P.L.L.C.
515 N. 27th Street
Boise, ID 83702
Telephone: [phone]
Facsimile: [phone]
Email : [e-mail]
Email : [e-mail]
Attorneys for Petitioner J.R. Simplot Company
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
REC E IVE D
?0lB APR 25 Pll tr: 56
- .. iD j,i j:j PUdllcI ri_!I;i .; ,1fiF,{1,{lSSlON
IN THE MATTER OF PETITION OF
IDAHYDRO, SHOROCK HYDRO, INC.,
J.R. STMPLOT COMPANY, AND
RENEWABLE ENERGY COALITION FOR
MODIFICATION OF THE 9OIIIO
PERFORMANCE BAND AND
CALCULATION OF OPERATION AND
MAINTENANCE CHARGES FOR PURPA
QUALIFYING FACILITIES
Case No. IPC-E-18-07
J.R. SIMPLOT COMPANY'S FIRST
INTERROGATORIES, REQUESTS
FOR ADMISSION AND REQUESTS
FOR PRODUCTION TO IDAHO
POWER COMPANY
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Pursuant to Rule 225 of the Rules of Procedure of the Idaho Public Utilities Commission
(the "IPUC" or "Commission"), the J.R. Simplot Company ("Simplot") by and through its
attorneys of record, Gregory M. Adams and Peter J. Richardson, hereby requests that ldaho
Power Company ("Idaho Power" or the "Company") provide responses to the following
interrogatories, requests for admission and production requests.
DEFINITIONS
Unless otherwise specified in an individual request, the following words have the
following meanings in these interrogatories, requests for admission and production requests:
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
J.R. SIMPLOT COMPANY'S FIRST INTERROGATORIES, REQUESTS FOR ADMISSION
AND REQUESTS FOR PRODUCTION TO TDAHO POWER COMPANY
IPUC-E-18.04
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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, work papers, 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.
"Documents" includes copies of documents, where the originals are not in your
possession, custody or control.
o'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 "identiff" mean:
When used with respect to a document, stating the nature of the document (e.g., 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.
J.R. SIMPLOT COMPANY'S FIRST INTERROGATORTES, REQUESTS FOR ADMISSION
AND REQUESTS FOR PRODUCTION TO IDAHO POWER COMPANY
IPUC-E-I8-04
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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 participant
or party to this proceeding.
"Idaho Power Company" and o'the Company" and "Idaho Power" refer to Idatro Power
Company, any affiliated company, or any offrcer, director or employee of ldaho Power
Company or any affiliated company.
The term "monthly adjusted estimated net energy amounts" means the estimate of
monthly estimated net energy deliveries as adjusted by the quali$ing facility under the
terms of the qualifying facility's energy sales agreement with Idaho Power for purposes
of implementing the Commission-approved 90/100 Performance Band.
"Person" refers to, without limiting the generality of its rneaning, every natural person,
corporation, partnership, association (whether formally organized or ad hoc), joint
venture, unit operation, cooperative, municipality, commission, govemmental body or
agency, or any other group or organization.
"Sfudies" or "study" includes, without limitation, reports, reviews, analyses and audits.
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.
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.
"Work papers" means documents that show the source, calculations, and details
supporting the material referenced.
INSTRUCTIONS
These interrogatories, requests for admission and production requests call for all
information, including information contained in documents, which relate to the subject
J.R. SIMPLOT COMPANY'S FIRST INTERROGATORIES, REQUESTS FOR ADMISSION
AND REQUESTS FOR PRODUCTION TO IDAHO POWER COMPANY
IPUC-E-18-04
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matter of the interrogatories, requests for admission and production requests and which is
known or available to you.
Where an interrogatory, request for admission or production request has a number of
separate subdivisions or related parts or portions, a complete response is required to each
such subdivision, part or portion. Any objection to an interrogatory, request for
admission or production request should clearly indicate the subdivision, part, or portion
to which it is directed.
Each response should be furnished on a separate page. Electronic versions of the
document, including studies and analyses, must be furnished if available.
If you cannot answer any of these interrogatories, requests for admission and production
requests in full, after exercising due diligence to secure the information necessary to do
so, state the answer to the extent possible, state why you cannot answer in full, and state
what information or knowledge you have conceming the unanswered portions.
If, in answering any of these interrogatories, requests for admission and production
requests, you feel that any request or definition or instruction applicable thereto is
ambiguous, set forth the language you feel is ambiguous and the interpretation you are
using in responding to the interrogatories, requests for admission and production
requests.
If a document requested is unavailable, identify the document, describe in detail the
reasons the document is unavailable, state where the document can be obtained, and
specify the number of pages it contains.
If you assert that any document has been destroyed, state when and why it was destroyed
and identifu the person who directed the destruction. If the document was destroyed
pursuant to your document destruction program, identifr and produce a copy of the
guideline, policy, or company manual describing such document destruction program.
If you refuse to respond to any interrogatories, requests for admission and production
requests by reason of a claim of privilege, confidentiality, or for any other reason, state in
writing the type of privilege claimed and the facts and circumstances you rely upon to
support the claim of privilege or the reason for refusing to respond. With respect to
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J.R. SIMPLOT COMPANY'S FIRST INTERROGATORIES, REQUESTS FOR ADMISSION
AND REQUESTS FOR PRODUCTTON TO IDAHO POWER COMPANY
IPUC-E-I8-04
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requests for documents to which you refuse to respond, identifu each such document, and
specifu the number of pages it contains. Please provide: (a) a brief description of the
document; (b) date of document; (c) name of each author or preparer; (d) name of each
person who received the document; and (e) the reason for withholding it and a statement
of facts constituting the justification and basis for withholding it.
Identify the person from whom the information and documents supplied in response to
each interrogatory, request for admission and production request were obtained, the
person who prepared each response, the person who reviewed each response, and the
person who will bear ultimate responsibility for the truth of each response.
If no document is responsive to an interrogatory, request for admission and production
request that calls for a document, then so state.
These requests for documents and responses are continuing in character so as to require
you to file supplemental answers as soon as possible if you obtain further or different
information. Any supplemental answer should refer to the date and use the number of the
original request or subpart thereof.
Whenever these interrogatories, requests for admission and production requests
specifically request an answer rather than the identification of documents, the answer is
required and the production of documents in lieu thereof will not substitute for an answer.
To the extent that the Company believes it is burdensome to produce specific information
requested, please contact counsel for J.R. Simplot Company to discuss the problem prior
to filing an answer objecting on that basis to determine if the request can be modified to
pose less difficulty in responding.
To the extent the Company objects to any of the requests please contact counsel for J.R.
Simplot Company to determine if the request can be modified to produce a less
objectionable request.
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J.R. STMPLOT COMPANY'S FIRST INTERROGATOzuES, REQUESTS FOR ADMISSION
AND REQUESTS FOR PRODUCTION TO TDAHO POWER COMPANY
IPUC-E-18-04
PAGE 5
FIRST INTERROGATORIES
Interrogatory 1: Identify the employees at Idaho Power who are responsible for
forecasting the ou@ut of hydro, wind, solar and other QFs for month-ahead and day-ahead power
supply planning purposes. List the employees in descending order of decision-making hierarchy
and list the job title of each such employee.
Interrogatory 2z Identify the employees at Idaho Power who are responsible for
forecasting the output of Idaho Power's company-owned hydro, wind, solar and other generation
projects for month-ahead and day-ahead power supply planning purposes. List the employees in
descending order of decision-making hierarchy and list the job title of each such employee.
Interrogatory 3: Identify the employees at Idaho Power who receive the monthly
adjusted estimated net energy amoturts supplied by QFs with the 90/110 Performance Band
contract provision. List the employees in descending order of decision-rnaking hierarchy and list
the job title of each such employee.
Interrogatory 4z Identify the employees at Idaho Power engaged in accounting of
operations and maintenance expenses and assessment of operation and maintenance charges to
interconnection customers that take service under FERC-jurisdictional interconnections turder
the Open Access Transmission Tariff s Large Generator Interconnection Agreement and Small
Generator Interconnection Agreement. List the employees in descending order of decision-
making hierarchy and list the job title of each such employee.
Interrogatory 5: Identify the employees at Idaho Power engaged in accounting of
operations and maintenance expenses and assessment of operation and maintenance charges to
interconnection customers that take service under Schedule 72. List the employees in
descending order of decision-making hierarchy and list the job title of each such employee.
Interrogatory 6: Explain how Idaho Power uses the monthly adjusted estimated net
energy amounts supplied by QFs under their energy sales agreernents in ldaho Power's month-
ahead and day-ahead power supply planning activities. Include examples of specific instances
where Idaho Power has adjusted its power supply planning based upon the QF's monthly
adjusted estimated net energy amounts.
J.R. SIMPLOT COMPANY'S FIRST INTERROGATORIES, REQUESTS FOR ADMISSION
AND REQUESTS FOR PRODUCTION TO IDAHO POWER COMPANY
IPUC-E-18-04
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Interrogatory 7: Explain how ldaho Power forecasts the energy deliveries made
under ESAs that do not contain the 90/110 Performance Band. Include description of all
differences between the practices used to forecast energy deliveries from hydro QFs providing
monthly adjusted estimated net energy amounts under the 90/110 Performance Band and hydro
QFs that do not provide monthly adjusted estimated net energy arnounts under the 90i 110
Performance Band.
Interrogatory 8: For intermittent (wind and solar) QFs that operate under a
mechanical availability guarantee in lieu of the 90/l l0 Performance Band, explain how ldaho
Power forecasts generation from such QFs without receiving monthly adjusted estimated net
energy amounts supplied by the QF.
Interrogatory 9: Explain why ldaho Power does not use the formula-based
operation and maintenance charge in Schedul e 72 to assess interconnection costs to customers
that take service under FERc-jurisdictional interconnections under the Open Access
Transmission Tariff s Large Generator lnterconnection Agreement and Small Generator
Interconnection Agreement.
Interrogatory 10: Is Idaho Power aware of any other utility in the United States that
assesses operation and maintenance expenses to interconnection customers based on a formula
that assesses a percentage of the initial construction costs similar to the structure of the formula
in ScheduleT2. If so, please identify the utility, explain the structure of its charge, and location
of information available to Idaho Power on this topic.
FIRST REQUESTS FOR ADMISSION
Request for Admission l: Admit or deny that Idaho Power does not use the monthly
adjusted estimated net energy amounts supplied by QFs under their energy sales agreements for
purposes ofbalancing load and resources on its system on a day-ahead basis.
Request for Admission 2: Admit or deny that Idaho Power does not use the monthly
adjusted estimated net energy amounts supplied by QFs under their energy sales agreements for
purposes of balancing load and resources on its system on a week-ahead basis.
J.R. SIMPLOT COMPANY'S FIRST INTERROGATOzuES, REQUESTS FOR ADMISSION
AND REQUESTS FOR PRODUCTION TO IDAHO POWER COMPANY
IPUC-E-18-04
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Request for Admission 3: Admit or deny that Idaho Power does not use the monthly
adjusted estimated net energy amounts supplied by QFs under their energy sales agreements for
purposes of balancing load and resources on its system on a two-week-ahead basis.
Request for Admission 4: Admit or deny that Idaho Power does not use the monthly
adjusted estimated net energy amounts supplied by QFs under their energy sales agreements for
purposes of power supply planning on its system on a month-ahead basis.
Request for Admission 5: Admit or deny that ldaho Power assesses interconnection
operations and maintenance expenses to interconnection customers that take service under
FERC-jurisdictional interconnections under the Open Access Transmission Tariff s Large
Generator Interconnection Agreement and Small Generator Interconnection Agreement on a
basis ofactual costs incurred.
Request for Admission 6: Admit or deny that Idaho Power does not assess
interconnection operations and maintenance expenses to interconnection customers that take
service under FERC-jurisdictional interconnections under the Open Access Transmission
Tariff s Large Generator lnterconnection Agreement and Small Generator Interconnection
Agreement on the basis of the formula contained in Schedule 72.
FIRST REQUESTS FOR PRODUCTION
Production Request 1: Please provide a list of all QFs that supplied power to tdaho
Power at any time after January 1, 2008 or that have energy sales agreements but have not yet
started to make deliveries. For each of these QFs, please provide the following information:
nuune, contract capacity, nameplate capacity (if known and different than contract capacity),
primary fuel (e.g, hydro, wind, solar, geothermal, cogeneration, etc.), point of interconnection,
commercial operation date, date of last generation (if not still in operation) and whether the
energy sales agreement contains the 90/110 Performance Band,
Production Request 2: Please provide a list of all hydro projects owned by Idaho
Power that generated power at any time between January 1, 2008 and the present. For each of
these hydro projects, please provide the following information: name, water source (e.g., Snake
J.R. SIMPLOT COMPANY'S FIRST TNTERROGATORIES, REQUESTS FOR ADMISSION
AND REQUESTS FOR PRODUCTION TO IDAHO POWER COMPANY
IPUC-E-I8-04
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J.R. SIMPLOT COMPANY'S FTRST INTERROGATORIES, REQUESTS FOR ADMISSION
AND REQUESTS FOR PRODUCTTON TO IDAHO POWER COMPANY
TPUC-E-18-04
PAGE 9
River), nameplate capacity, planning capacity (if different than nameplate capacity), water flow
at nameplate/planning capacity (in cfs), at site storage (in sfd), upstream storage controlled by
Idaho Power (in sfcl) and upstream storage controlled by entities other than Idaho Power (in sfd).
Production Request 3: For each QF listed in the response to Production Request 1
whose energy sales agreement contains the 90lll0 Performance Band, please provide a copy of
the energy sales agreement and any amendments.
Production Request 4: Has Idaho Power allowed any QFs whose energy sales
agreements contain the 90/110 Performance Band to adjust their net energy amounts other than
as specifically permitted under the express terms of the ESAs and any applicable amendments? If
so, please describe the terms allowed for these adjustments and provide any communications
with QFs pertaining to these adjustments.
Production Request 5: For each non-wind/non-solar QF listed in the response to
Production Request 1, please provide monthly generation (in MWh) in Excel spreadsheet format
for each month from January 2008 through the most recent month available.
Production Request 6: For each non-wind/non-solar QF listed in the response to
Production Request 1 whose ESA contains the 90/110 Performance Band, please provide the
monthly adjusted estimated net energy amounts (in MWh) in Excel spreadsheet format used to
determine compliance with the 90/110 Performance Band for each applicable month from
January 2008 through the most recent month available.
Production Request 7: For each non-wind/non-solar QF listed in the response to
Production Request I whose ESA contains the 90/110 Performance Band, please indicate
whether the monthly adjusted estimated net energy amounts were below (<90o ), within (90-
ll0%) or above (110%) the 90/110 Performance Band for each month from January 2008
through the most recent month available.
Production Request 8: For each wind or solar QF listed in the response to
Production Request 1 whose ESA contains the 90/110 Performance Band, please provide
monthly generation (in MWh) in Excel spreadsheet format for each month from January 2008
through the most recent month available.
Production Request 9: For each wind or solar QF listed in the response to
Production Request I whose ESA contains the 90/110 Performance Band, please provide the
monthly adjusted estimated net energy amounts (in MWh) in Excel spreadsheet format used to
determine compliance with the 90/110 Performance Band for each applicable month from
January 2008 through the most recent month available.
Production Request 10: For each wind or solar QF listed in the response to
Production Request I whose ESA contains the 90/110 Performance Band, please indicate
whether the monthly generation was below (<90Yo), within (90-l l0%) or above (110%) the
90/l l0 Performance Band for each month from January 2008 through the most recent month
available.
Production Request 1l: For each hydro project owned by Idaho Power, please
provide monthly generation (in MWh) for each month from January 2008 through the most
recent month available.
Production Request 12: Provide total generation (MWh) of all non-intermittent QFs
selling to Idaho Power for each hour for the past 3 years, in excel spreadsheet format. For
purposes of this request, "intermittent" means wind or solar powered QF.
Production Request 13: Provide total generation (MWh) of all hydropower QFs
selling to Idaho Power for each hour for the past 3 years in excel spreadsheet format.
Production Request 14: Provide total generation (MWh) of all QFs that would be
categorized as 'oother" on ldaho Power's published rate schedules selling to lda]ro Power in for
each hour for the past 3 years excel spreadsheet format.
Production Request 15: For each year since 1990, provide: (i) an accounting of the
total amount collected by Idaho Power under the Schedule 72 operation and maintenance
charges, and (ii) an accounting of the total cost incurred by Idaho Power for operation and
maintenance expenses on QF interconnections.
Production Request 16: For each QF project listed in the response to Production
Request 1, please provide: (i) the amount collected by Idaho Power for Schedule 72
interconnection O&M charges and (ii) the actual interconnection O&M expenses incurred by
Idaho Power for each year that the QF project was in operation.
Production Request 17: Provide an accounting of actual operation and maintenance
J.R. SIMPLOT COMPANY'S FIRST INTERROGATORIES, REQUESTS FOR ADMISSION
AND REQUESTS FOR PRODUCTION TO IDAHO POWER COMPANY
IPUC-E-I8-04
PAGE I O
costs incurred by Idaho Power for the interconnection facilities used for the QF at the J.R.
Simplot Company's Don Plant. For each amount incurred by Idaho Power, please include the
date, the work performed, equipment supplied, or description of other expenses, with supporting
documents.
Production Request 18: Provide an accounting of all the payments made by the J.R.
Simplot Company to Idaho Power under Schedule 72 organized chronologically for each month
J.R. Simplot Company has paid Idaho Power under its ESA and/or Schedule 72 for the QF at the
J.R. Simplot Company's Don Plant.
Production Request 19: Provide an accounting of actual operation and maintenance
costs incurred by Idaho Power for the interconnection facilities used for the QF at the Magic
Reservoir Hydroelectric Plant. For each amount incurred by Idaho Power, please include the
date, the work performed, equipment supplied, or description of other expenses, with supporting
documents.
Production Request 20: Provide an accounting of all the payments made by the
Magic Reservoir Hydroelectric to ldaho Power under Schedule 72 orgarized chronologically for
each month under its energy sales agreement and/or Schedule 72 for the QF at the Magic
Reservoir Hydroelectric Plant.
Dated: April25,20l8
zuCHARDSON ADAMS, P.L.L.C.
M. Adams, ISB No. 7454
Attorneys for Petitioner J.R. Simplot
Company
J.R. SIMPLOT COMPANY'S FIRST TNTERROGATOzuES, REQUESTS FOR ADMISSION
AND REQUESTS FOR PRODUCTION TO IDAHO POWER COMPANY
IPUC-E-18.04
PAGE I I
CERTFICATE OF SERVICE
I HEREBY CERTIFY that on the 25th day of April 2018, a true and correct copy of the within
and foregoing FIRST SET OF INTERROGATORIES, FIRST REQUESTS FOR ADMISSION,
and FIRST REQUESTS FOR PRODUCTION of the J.R. Simplot Company to Idaho Power
Company in Case No. IPC-E-18-07 were delivered via U. S. Mail postage prepaid and
electronically to the following:
Diane Hanian
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83702
diane.holt@puc. idaho. gov
C. Tom Arkoosh
Arkoosh Law Offices
P.O. Box 2900
Boise, Idaho 83701
[e-mail]
Irion Sanger
Sanger Law, P.C.
1117 SE 53'd Avenue
Portland, Oregon 97215
[e-mail]
M. Adams
Donovan Walker
Idaho Power Company
P.O. Box 70
Boise,Idaho 83707
dwalker@idahopower. com
J. Kahle Becker
Attomey at Law
223 North 6th Street, #325
Boise,Idaho 83702
kahle@kahlebeckerlaw. com