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HomeMy WebLinkAbout20070730Agrium to PAC 1-8.pdfGIVE PSLEY LLF LAW OFFICES 601 W. Bannock Street PO Box 2720, Boise, Idaho 83701 TELEPHONE: 208 388-1200 FACSIMILE: 208 388-1300 WEBSITE: www.glvenspursley.com Gary G. Allen Peter G. Barton Christopher J. Beeson William C. Cole Michael C. Creamer Thomas E. Dvorak Jeffrey C. Fereday Martin C. Hendrickson Steven J. Hippler Debora K. Kristensen Anne C. Kunkel Jeremy G. Ladle Michael P. Lawrence Franklin G. Lee David R. Lombardi John M. Marshall Kenneth R. McClure Kelly Greene McConnell Cynthia A. Melillo Christopher H. Meyer L. Edward Miller Patrick J. Miller Judson B. Montgomery Angela K. Nelson Deborah E. Nelson W. Hugh O'Riordan, LL.M. Angela M. Reed Scott A. Tschirgi, LL.M. J. Will Varin Conley E. Ward Robert B. White Terri R. Yost RETIRED Kenneth L. Pursley Raymond D. Givens James A. McClure 1"-. ,;-:,;; ...J July 30, 2007 ;;;:::=::;' rr,: co;:'.:: 8:::. ~~? if,.cj(f) Via Hand Delivery 0,)C":,\ Jean Jewell Idaho Public Utilities Commission 472 W. Washington O. Box 83720 Boise, ID 83720-0074 1".. (',).... 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 " jJ'jCj' \)f-\n .J! "' LJ "1" 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?