20020904Volume 2, pg 19-26.pdf

1 BOISE, IDAHO, SEPTEMBER 4, 2002, 9:35 A.M.

2

3

4 COMMISSIONER SMITH: Good morning,

5 ladies and gentlemen. This is the time and place

6 set for a hearing before the Idaho Public Utilities

7 Commission in Case No. PAC-E-01-16, further

8 identified as In the matter of the Application of

9 PacifiCorp dba Utah Power & Light Company for

10 approval of interim provisions for the supply of

11 electric service to Monsanto Company. We'll start

12 by taking the appearances of the parties, first for

13 PacifiCorp.

14 MR. FELL: My name is James Fell. I'm

15 with Stoel Rives. I represent PacifiCorp. And with

16 me is John Eriksson.

17 COMMISSIONER SMITH: Thank you,

18 Mr. Fell.

19 For Commission Staff.

20 MR. WOODBURY: Scott Woodbury, deputy

21 attorney general, for Commission Staff.

22 COMMISSIONER SMITH: Okay. For

23 Monsanto.

24 MR. BUDGE: Randy Budge.

25 COMMISSIONER SMITH: And for the Idaho

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HEDRICK COURT REPORTING COLLOQUY
P.O. BOX 578, BOISE, ID 83701

1 Irrigation Pumpers.

2 MR. OLSEN: Eric Olsen.

3 COMMISSIONER SMITH: Are there any

4 preliminary matters that need to be taken up before

5 we begin with presentation of the testimony?

6 Mr. Fell.

7 MR. FELL: Madam Chair, we probably

8 should talk about how we would propose to present

9 the testimony.

10 COMMISSIONER SMITH: That would be

11 fine.

12 MR. FELL: PacifiCorp has filed

13 prefiled direct and rebuttal testimony, and on

14 Friday, actually -- Tuesday of this week,

15 actually -- we received the prefiled rebuttal

16 testimony of Monsanto. So Monsanto has filed both

17 direct and rebuttal testimony as well.

18 We would like an opportunity to put on

19 live surrebuttal to their rebuttal at the end of the

20 proceeding. What we would propose to do is go ahead

21 and present the direct and rebuttal -- the prefiled

22 direct and rebuttal -- testimony at one time if

23 that's convenient for the Commission, allow our

24 witnesses to be cross-examined on that, and then

25 proceed through the other parties.

20

HEDRICK COURT REPORTING COLLOQUY
P.O. BOX 578, BOISE, ID 83701

1 The Monsanto rebuttal testimony

2 presents a new proposal on the service -- services

3 to be provided and the prices for those services, so

4 I think there is still some negotiation that's kind

5 of going on in the testimony as we go through this

6 process. With that in mind and the fact that we

7 just received this new proposal yesterday, we would

8 like to be able to have this evening to get ready

9 before cross-examining their witnesses on that. So

10 accomplish what we can today, we would propose to

11 adjourn after we do what we can today, but begin the

12 Monsanto presentation tomorrow, and then we would

13 put our live rebuttal on after that. Of course, the

14 other parties would fit in in the process.

15 COMMISSIONER SMITH: Are there any

16 responses to Mr. Fell's suggestion? Mr. Budge.

17 MR. BUDGE: Thank you. Yes, we

18 discussed that prior to hearing, and I think that

19 would be a reasonable proposal to help clarify the

20 issue on the new proposal Monsanto made for some

21 additional interruption that perhaps we could deal

22 with in cross, but we would be agreeable with that.

23 COMMISSIONER SMITH: Let me -- excuse

24 me. If you're not used to being in the hearing

25 room, when you speak, you need to push the little

21

HEDRICK COURT REPORTING COLLOQUY
P.O. BOX 578, BOISE, ID 83701

1 place that says "touch" on your mike, and that helps

2 our court reporter and it helps the people in the

3 back. So thank you.

4 MR. BUDGE: The only caveat we would

5 add is that I think our understanding is as to any

6 live surrebuttal, that it would be limited to that

7 additional issue relating to the change in the

8 interruptibility proposal. I think -- I think

9 that's the only caveat I would add.

10 COMMISSIONER SMITH: Mr. Fell.

11 MR. FELL: If I press "touch" does the

12 light go on or off? It went off this time.

13 COMMISSIONER SMITH: When it goes on,

14 you're on; when it goes off, you're off. And when

15 you're done speaking you should turn it off, because

16 sometimes things get picked up that people don't

17 want to get picked up.

18 MR. FELL: Well the light is on, so I

19 will speak.

20 The nature of this proceeding is a

21 continuous negotiation, in a sense, so we will

22 respond in our surrebuttal to the rebuttal testimony

23 and new proposal Monsanto provided, but it will not

24 just be just a reaction to what they have done, but

25 if it triggers a different kind of proposal from us

22

HEDRICK COURT REPORTING COLLOQUY
P.O. BOX 578, BOISE, ID 83701

1 or if there's an appropriate response to that, we

2 would try to include that in that surrebuttal.

3 We're trying -- we're trying to continue to have the

4 choices and decisions narrow so what we present will

5 be in an attempt to continue to narrow things, not

6 to create a whole new path that would be more

7 difficult for the record.

8 COMMISSIONER SMITH: Well, we'll -- if

9 there are no objections, we'll proceed as outlined

10 by Mr. Fell, and then if problems occur along the

11 way, we'll deal with them when we get there.

12 MR. FELL: Thank you.

13 COMMISSIONER SMITH: So it would be

14 our intent today to do the witnesses of PacifiCorp,

15 both the prefiled direct and rebuttal testimony, and

16 then possibly go to the Pumpers for Mr. Yankel's

17 testimony. Is Mr. Yankel here?

18 MR. OLSEN: We had rescheduled that

19 probably to be late Thursday afternoon, early

20 Friday, when he would be able to be here.

21 COMMISSIONER SMITH: We had

22 rescheduled it? Who's "we"?

23 MR. OLSEN: Well, I'm not saying that

24 we had rescheduled that, but we just had flight

25 conditions coming out.

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HEDRICK COURT REPORTING COLLOQUY
P.O. BOX 578, BOISE, ID 83701

1 COMMISSIONER SMITH: So Mr. Yankel's

2 not available today.

3 MR. OLSEN: Not today.

4 COMMISSIONER SMITH: Great. Well,

5 he's not here.

6 Okay, so if there is nothing further,

7 we will start with Mr. Fell.

8 MR. FELL: Thank you. PacifiCorp's

9 first witness is Mr. Bruce Griswold.

10

11 BRUCE W. GRISWOLD,

12 produced as a witness at the instance of PacifiCorp,

13 being first duly sworn, was examined and testified

14 as follows:

15

16 DIRECT EXAMINATION

17

18 BY MR. FELL:

19 Q. Mr. Griswold, would you please state

20 your name and position with PacifiCorp?

21 A. Yes. My name is Bruce Griswold. I'm

22 director of energy contracts with PacifiCorp.

23 And that sounds kind of loud.

24 Q. Mr. Griswold, are you sponsoring

25 direct and rebuttal prefiled testimony in this case?

24

HEDRICK COURT REPORTING GRISWOLD (Di)
P.O. BOX 578, BOISE, ID 83701 PacifiCorp

1 A. Yes, I am.

2 Q. And are you also sponsoring with

3 respect to your direct Exhibits Nos. 4 through 8?

4 A. That's correct.

5 MR. FELL: Madam Chair, we are taking

6 these witnesses somewhat out of order. Mr. Taylor's

7 exhibits are numbered earlier, but this is a more

8 sensible order.

9 Q. BY MR. FELL: Mr. Griswold, are you

10 also sponsoring Exhibits 9 through 11 as part of

11 your rebuttal testimony?

12 A. Yes, I am.

13 Q. And, Mr. Griswold, turning to your

14 rebuttal testimony, we talked beforehand about a

15 couple of corrections that you would want to make.

16 Let me turn to those.

17 On page 2 of your prefiled rebuttal

18 testimony, line 7, could you describe the correction

19 there?

20 A. Yes. The last five words on line 7

21 should be deleted. They're not part of the

22 testimony. So it would be "clear definition of each

23 component" should be deleted.

24 Q. And then turning to page 7, line 1, do

25 you have a correction there?

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HEDRICK COURT REPORTING GRISWOLD (Di)
P.O. BOX 578, BOISE, ID 83701 PacifiCorp

1 A. Yes. The next to the last word

2 "which" should be deleted, so it should read

3 "third-party offers are not available to Monsanto."

4 Q. Thank you. And with those

5 corrections, if I were to ask you today the

6 questions that are contained first of all in your

7 prefiled direct testimony, would your answers be the

8 same?

9 A. Yes, they would.

10 Q. And if I were to ask you today the

11 questions contained in your prefiled rebuttal

12 testimony, would your answers be the same?

13 A. Yes, they would.

14 MR. FELL: Madam Chair, we would move

15 that the testimony, the prefiled direct and rebuttal

16 of Mr. Griswold, be included in the record, spread

17 on the record as if read.

18 COMMISSIONER SMITH: If there's no

19 objection, it's so ordered.

20 (The following prefiled direct and

21 rebuttal testimony of Mr. Griswold is spread upon

22 the record.)

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HEDRICK COURT REPORTING GRISWOLD (Di)
P.O. BOX 578, BOISE, ID 83701 PacifiCorp