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Home My WebLink About20050518Agrium 2nd Request to PAC.pdfr:~CEIVED Conley E. Ward (ISB No. 1683) GIVENS PURSLEY LLP 601 W. Bannock Street O. Box 2720 Boise, ID 83701-2720 Telephone No. (208) 388-1200 Fax No. (208) 388-1300 cew~givenspursley .com . . "--. . . L. j)L~l ZHfi5 t'1i\ Y I 8 IUtj i j: . '. '. . i '1 :.. ' ,.... UTiliTiES COt"lf"iISSION Attorneys for Agrium Inc. BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF P ACIFICORP DBA UTAH POWER & LIGHT COMPANY FOR AUTHORITY TO INCREASE ITS RATES FOR ELECTRIC SERVICE TO ELECTRIC CUSTOMERS IN THE STATE OF IDAHO. Case No. P AC-05- AGRIUM INC.S SECOND SET OF DISCOVERY REQUESTS TO ACIFICORP YOU WILL PLEASE TAKE NOTICE that Agrium Inc. ("Agrium ), requests that PacifiCorp answer the following discovery requests in accordance with the Idaho Public Utilities Commission s Rules of Procedure. DEFINITIONS AND INSTRUCTIONS The interrogatories and document requests are governed by the following definitions and instructions: Definitions You " " your" or "PacifiCorp" means or pertains to the named respondent in this matter and includes, without limitation, PacifiCorp, its officers, directors employees, agents, attorneys, corporate subsidiaries and affiliates. ORIGINAL AGRIUM INC.S SECOND SET OF DISCOVERY REQUESTS TO PACIFICORP - Page 1 of7 Persons" means any and all natural persons, corporations, businesses, firms companies, partnerships, unincorporated associations, governmental or public agencies , joint ventures and all other entities, including, without limitation, all employees, representatives, consultants and agents of any of the foregoing. Documents" means any and all written, electronic or graphic matter, of any kind or description, however created, produced, reproduced or stored, whether sent or received, or whether originals, copies or drafts, including, but not limited to every side of every page of all letters, papers, books, correspondence, bulletins circulars, instructions, telegrams, cables, telex messages, facsimiles, memoranda notes, notations, work papers, transcripts, minutes, reports, recordings of notes or meetings, conferences, interviews or telephone or other conversations, affidavits statements, summaries, opinions, studies, analyses, evaluations, work sheets contracts, agreements, journals, statistical records, desk or pocket calendars appointment books, diaries, lists , tabulations, advertisements, sketches, drawings blue prints, catalogs, audio or video records, photographs, computer printouts, e- mail transmissions, data processing input and output, deeds, microfilm, all other records kept by electronic, photographic or electrical means, and things similar to any of the foregoing however denominated. Relating to" or "Relate(s) to" means directly or indirectly mentioning, consisting , evidencing, describing, referring to, pertaining to, being connected with, or reflecting upon the stated subj ect matter. The words "any" and "all" shall be considered to include each and every. AGRIUM INC.S SECOND SET OF DISCOVERY REQUESTS TO PACIFICORP - Page 2 of7 The singular of any word shall include the plural and the plural of any word shall include the singular. The word "expert" as used herein includes any person who will be offering expert testimony on behalf ofPacifiCorp or who has been consulted or relied upon by any person who assisted in the preparation of the responses to these discovery requests or who will be offering testimony on behalf ofPacifiCorp in this matter. Instructions In answering these discovery requests, you are required to furnish all information that is available to you, or subject to your reasonable inquiry, including the information in the possession of you, your attorneys or other persons directly, or indirectly employed by, or connected with, you or your attorneys, and anyone else other wise subject to your control. answering each interrogatory and document request: Identify by title, heading or caption, date, sender, recipient, location and custodian, each document relied upon, reviewed or which forms a basis for the response given or which corroborates or relates to the response given or the subject of what is given in response to these discovery requests; State whether the information furnished is within the personal knowledge of the person responding and, if not, the name, if known, of each person to whom the information is a matter of personal knowledge; Identify each person who assisted or participated in preparing and/or supplying any of the information given in response to or relied upon in preparing responses to these discovery requests; AGRIUM INC.S SECOND SET OF DISCOVERY REQUESTS TO PACIFICORP - Page 3 of7 Where a discovery request calls for a response in multiple parts, each part should be separated in the response so that the response is clearly understandable and complete; Where the name or identity of a person is requested, state the full name, business address, and any telephone numbers of each person; If any of your responses require the production of documents, label the documents to indicate the discovery request to which you are responding. If you object to the production of any document called for in these document requests, for each such document state the following: (1) the reasons for the objection and any facts supporting the objection; (2) give a description of each document including, without limitation, the date, sender, recipient(s), persons to whom copies have been furnished, job titles of each of the persons, subject matter of the document, number of pages of the document, the number(s) of the request to which such document is responsive and the identity of the person in whose custody the document is presently located. If any document is withheld under claim of privilege or work product, furnish a list identifying each document for which the privilege or work product is claimed, together with the following information for each such document: date, sender, recipient(s), persons to whom copies were furnished, job titles of each of those persons, subject matter of the document number of pages of the document, the bases on which the privileges or work product is claimed the paragraph(s) of these requests to which the document responds, the person in whose custody the document is presently located, and whether any matter that is not privileged or is not work product is discussed or mentioned in each document. If any document requested was, but is no longer in the possession or subject to the control of PacifiCorp, or is no longer in existence, state whether it: (1) is missing or lost; (2) has AGRIUM INC.S SECOND SET OF DISCOVERY REQUESTS TO PACIFICORP - Page 4 of7 been destroyed; (3) has been transferred voluntarily or involuntarily to others and state the identity of the persons to whom it has been transferred; (4) has otherwise been disposed of, or in each instance explain the circumstances surrounding such disposition, state the date or approximate date thereof and the identity of the persons with knowledge of such circumstances; (5) identify the documents that are missing, lost, destroyed, transferred or otherwise disposed of by author, date, subject matter, addressee(s), and the number of pages. If you do not clearly understand, or have any questions about, these definitions instructions interrogatories or requests, contact counsel for Agrium promptly for clarification. These discovery requests are continuing in nature and require supplemental responses upon the discovery or receipt of new or additional information. REQUEST NO.6: Please provide the most recent calculations of LOLP by month for all twelve months. REQUEST NO.7: Please provide the most recent calculations of reserve margins by month for all twelve months. RES PECTFULL Y SUBMITTED this 18.fh ay of May 2005. AGRIUM INC.S SECOND SET OF DISCOVERY REQUESTS TO PACIFICORP - Page 5 of7 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this tg-fh day of May 2005, I caused to be served a true and correct copy of the foregoing document by the method indicated below and addressed to the following: Secretary Idaho Public Utilities Commission 472 W. Washington Street O. Box 83720 Boise, ID 83720-0074 S. Mail Hand Delivered Overnight Mail Facsimile Electronic Mail Jeff Larsen PacifiCorp 201 South Main, Ste. 2300 Salt Lake City, UT 84140-0023 j eff.larsen~pacificorp. com S. Mail Hand Delivered Overnight Mail Facsimile Electronic Mail James F. Fell James M. Van Nostrand Stoel Rives LLP 900 S.W. Fifth Avenue, Ste. 2600 Portland, OR 97204 j ffell~stoel. com j mvannostrand~stoel. com S. Mail Hand Delivered Overnight Mail Facsimile Electronic Mail Scott Woodbury Kira Pfisterer Idaho Public Utilities Commission 472 W. Washington Street O. Box 83720 Boise, ID 83720-0074 S. Mail Hand Delivered Overnight Mail Facsimile Electronic Mail Randall C. Budge Racine, Olson, Nye, Budge & Bailey, Chtd. 210 East Center O. Box 1391 Pocatello , ID 83204-1391 rcb~racinelaw.net S. Mail Hand Delivered Overnight Mail Facsimile Electronic Mail James R. Smith Monsanto Company O. Box 816 Soda Springs, ID 83276 jim.smith~monsanto.com S. Mail Hand Delivered Overnight Mail Facsimile Electronic Mail AGRIUM INC.S SECOND SET OF DISCOVERY REQUESTS TO P ACIFICORP - Page 6 of 7 Eric L. Olsen Racine, Olson, Nye, Budge & Bailey, Chtd. 201 East Center O. Box 1391 Pocatello, ID 83204-1391 elo~racinelaw.net S. Mail Hand Delivered Overnight Mail Facsimile Electronic Mail R. Scott Pasley J.R. Simplot Company 999 Main Street O. Box 27 Boise, ID 83702 spasley~simplot.com S. Mail Hand Delivered Overnight Mail Facsimile Electronic Mail S. Mail Hand Delivered Overnight Mail Facsimile Electronic Mail S. Mail Hand Delivered Overnight Mail Facsimile Electronic Mail Anthony Yankel 29814 Lake Road Bay Village, OH 44140 yankel~attbi.com Timothy J. Shurtz 411 S. Main Firth, ID 83236 tim~idahosupreme. com David Hawk J.R. Simplot Company 999 Main Street O. Box 27 Boise, ID 83702 dhawk~simplot.com S. Mail Hand Delivered Overnight Mail Facsimile Electronic Mail Brad M. Purdy Attorney at Law 2019 N. ih Street Boise, ID 83702 bmpurdy~hotmail.com S. Mail Hand Delivered Overnight Mail Facsimile Electronic Mail..J AGRIUM INC.S SECOND SET OF DISCOVERY REQUESTS TO PACIFICORP - Page 7 of7