HomeMy WebLinkAbout20070730Agrium to PAC 1-8.pdfGIVE PSLEY LLF
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RETIRED
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July 30, 2007
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Via Hand Delivery
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Jean Jewell
Idaho Public Utilities Commission
472 W. Washington
O. Box 83720
Boise, ID 83720-0074
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Re:
Our File:
In the Matter of the Application of Pacificorp DBA Rocky Mountain
Power for Approval of Changes to its Electric Service Schedules -
Case No.: PAC-07-
6170-
Dear Jean:
Enclosed for filing please find an original and eight (8) copies of Agrium Inc.
First Set of Discovery Request to Pacificorp in connection with the above-captioned
matter.
If you have any questions, please call me.
~~~_
Qd~
Tina M. Adornetto
Assistant to Conley Ward
CEW /tmacc: Service List (w/enclo sure
S:\CLIENTS\7160\3\TA to Jewell re discovery, DOC
Conley E. Ward (ISB No, 1683)
GIVENS PURSLEY LLP
601 W. Bannock Street
O. Box 2720
Boise, ill 83701-2720
Telephone No. (208) 388-1200
Fax No. (208) 388-1300
cew(illgi venspursley. com
CEI1.:
ZOOl JUL 30 Pt1 !~: 22
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UTILrnES COMfvHSSlui:
Attorneys for Agrium Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF ROCKY MOUNTAIN POWER FOR
APPROVAL OF CHANGES TO ITS
ELECTRIC SERVICE SCHEDULES
Case No. PAC-07-
AGRIUM INC.S FIRST SET OF
DISCOVERY REQUESTS TO
ACIFICORP
YOU WILL PLEASE TAKE NOTICE that Agrium Inc. ("Agrium ), requests that
PacifiCorp, DBA Rocky Mountain Power, 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 Applicant herein and
includes, without limitation, PacifiCorp, its officers, directors, employees, agents, attorneys
corporate subsidiaries, DBAs and affiliates.
AGRIUM INc.'S FIRST 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.
The singular of any word shall include the plural and the plural of any word shall
include the singular.
AGRIUM INc.'S FIRST SET OF DISCOVERY REQUESTS TO P ACIFICORP - Page 2 of 7
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 interrogatories and document production
requests or who will be offering testimony on behalf ofPacifiCorp in this matter.
Instructions
In answering these interrogatories and document 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. In 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;
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;
AGRIUM INc.'S FIRST SET OF DISCOVERY REQUESTS TO P ACIFICORP - Page 3 of 7
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 ofthe 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 ofPacifiCorp, or is no longer in existence, state whether it: (1) is missing or lost; (2) has
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
AGRIUM INc.'S FIRST SET OF DISCOVERY REQUESTS TO PACIFICORP - Page 4 of?
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 ofpages.
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 FOR PRODUCTION
REQUEST NO.1: Please provide copies of all prior and subsequent responses to
Staffs or intervenors' formal or informal production or information requests relating to this case.
REQUEST NO.2: Provide the most recent LOLP or other capacity risk study prepared
by or for Rocky Mountain Power and/or PacifiCorp.
REQUEST NO.3: Provide the last two Integrated Resource Plans completed by or for
Rocky Mountain Power and/or PacifiCorp.
REQUEST NO.4: Provide the last incremental cost or marginal cost study completed
by or for Rocky Mountain Power and/or PacifiCorp.
REQUEST NO.5: Provide monthly system coincident peak loads for the last 10 years.
REQUEST NO.6: Provide the most recent forecasts of monthly coincident peak loads
for the next 10 years.
REQUEST NO.7: Provide all work papers used to normalize revenues as shown in Tab
3 of Exhibit 11. Include metered test year loads and revenues and all adjustments with
explanations to adjust actual loads and revenues.
AGRIUM INc.'S FIRST SET OF DISCOVERY REQUESTS TO P ACIFICORP - Page 5 of 7
REQUEST NO.8: Please provide all work papers related to the testimony of
PacifiCorp s witnesses.
RESPECTFULLY SUBMITTED this 30th day of July 2007.
Corgey W ar~
Givens Pursley LLP
Attorneys for Agrium, Inc.
AGRIUM INc.'S FIRST SET OF DISCOVERY REQUESTS TO P ACIFICORP - Page 6 of 7
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 30th day of July 2007, I caused to be served a true and
correct copy of the foregoing document by the method indicated below and addressed to the
following:
Dean Brockbank
Justin Brown
Rocky Mountain Power
201 South Main, Suite 2300
Salt Lake City, Utah 84111
email: deaIl.brockbank(a~pacificorp.com
Justin. bro wn(a~1Jaritlco rp. com
S. Mail
Hand Delivered
Overnight Mail
Facsimile
Mail
---A- U.S. Mail
Hand Delivered
Overnight Mail
Facsimile
Mail
--.L.- UB. MailHand Delivered
Overnight Mail
Facsimile
Mail
Jean Jewell
Idaho Public Utilities Commission
472 W. Washington Street
O. Box 83720
Boise, ID 83720-0074
Brian Dickman
Rocky Mountain Power
201 South Main, Suite 2300
Salt Lake City, Utah 84111
email: brian.dickmanCnipacificorp.com
S. Mail
Hand Delivered
Overnight Mail
Facsimile
Mail
UB. Mail
Hand Delivered
Overnight Mail
Facsimile
Mail
UB. Mail
Hand Delivered
Overnight Mail
Facsimile
Mail
Randall C. Budge
Racine, Olson, Nye, Budge & Bailey
201 East Center, Suite A2
O. Box 1391
Pocatello, ID 83204-1391
email: rcb(w.racinelaw,net
James R. Smith
Monsanto Company
O. Box 816
Soda Springs, ID 83276
email: iim,r.smith(ciimonsanto.com
Maurice Brubaker
Katie Iverson
Brubaker & Associates
1215 Fern Ridge Parkway, Suite 208
S1. Louis, MI 63141
email: mbrubaker(w.consultbai.com
ki ve rson(w.con sill tb ai. com
UJ 4fi-
AGRIUM INc.'S FIRST SET OF DISCOVERY REQUESTS TO PACIFICORP - Page 7 of?