20071009PAC to IIPA 1-14.pdf

John R. Hammond Jr.ISB No. 5470
FISHER PUSCH & ALDERMAN LLP
S Bank Plaza, 5th Floor
101 South Capitol Boulevard
O. Box 1308
Boise, Idaho 83701
[phone]
[phone] facsimile
irh~fpa-law.com.com
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Justin Lee Brown
Pro Hac Vice Admission Pending
Rocky Mountain Power
201 South Main Street, Suite 2300
Salt Lake City, Utah 84111
Telephone: [phone]
Fax: [phone]
Emai1: iustin.bro\vn~pacificorp.com
Attorneys for Rocky Mountain Power
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF PACIFICORP DBA ROCKY MOUNTAIN
POWER FOR APPROVAL OF CHANGES TO
ITS ELECTRIC SERVICE SCHEDULES
CASE NO. PAC-O7-
DATA REQUESTS
ROCKY MOUNTAIN POWER'S FIRST SET OF DATA REQUESTS TO
IDAHO IRRIGATION PUMPERS ASSOCIATION, INC.
Pursuant to Rules 222 and 225 of the Idaho Public Utilities Commission Rules of
Procedure, Rocky Mountain Power, a division of PacifiCorp (herein
, "
Rocky Mountain
Power" or "Company ), by and through its counsel, herein submits its first set of data
requests to Idaho Irrigation Pumpers Association, Inc. ("lIP A") and requests that the lIP A
respond, in writing, within fourteen (14) days after service hereof, to the following data
requests:
ROCKY MOUNTAIN POWER'S FIRST Page
SET OF DATA REQUESTS TO IIPA
DEFINITIONS AND INSTRUCTIONS
The following definitions and instructions apply to each of the requests for production
set forth herein and are deemed to be incorporated therein.
(1)Document" and "documentation should be interpreted as broadly as
possible to include, but not be limited to, the original or any copy, regardless of origin or
location, of any book, pamphlet, periodical publication, letter, scrapbook, diary, calendar
canceled check, photograph, form, memorandum, schedule, tax return, telegram, telex
report, record, order or notice of governmental action of any kind, study, minutes, logs
graph, index, tape, disc, internal operating manual, data sheet or data processing card, or any
other written, recorded, transcribed, punched, taped, filmed, graphic or retrievable matter or
data of any kind, however produced or reproduced, to which you have or have had access.
This definition is intended to include, but not be limited to, all documents which have been
created and/or which reside in any type of electronic format and is to be construed in its most
comprehensive sense as contemplated by the Idaho Rules of Civil Procedure.
(2)You shall mean the lIP A; any merged or consolidated predecessor or
predecessors in interest; parent(s), subsidiaries and affiliates, past and present; and the
employees, officers, directors, agents, consultants, attorneys and all persons acting under
contractual arrangement with or acting or purporting to act on behalf of lIP
(3)Person or Entity" should be interpreted to denote, unless otherwise
specified, any natural person, firm, corporation, association, group, individual or organization
of any type whatsoever.
ROCKY MOUNTAIN POWER'S FIRST Page 2
SET OF DATA REQUESTS TO lIP A
(4)Any request to "identify" or "provide" should be interpreted to mean:
With respect to a natural person, that person s full name, title, job
description, and business and home address. Where the identification pertains to a past
period, as to each person identified who is still in your employ, or the employment of the
group with which such person is identified in response to any requests, provided, in addition
that person s title and job description as of the time of such past period. Where the person is
no longer in your employ or the employment of the group with which such person is
identified in response to any request, provide that person s affiliate, position, home and
business address, if known, or if not known, such person s last known affiliation, position
home and business address, or portions thereof as may be known.
With respect to an entity other than a natural person, that entity s name
business, type of entity, present status and present or last known address.
With respect to a document, that document's title, date, author (and, if
different, the signer), addresses, recipients, or other persons who assisted in the preparation
subject matter or general nature, and any amendments thereto, present location and
custodian, whether or not such document is in the respondent's possession, custody or
control and whether or not the document is claimed to be privileged. The final version and
each draft of each document should be identified and produced separately. Each original and
each non-identical copy (bearing marks or notations not found on the original) of each final
version and draft of each document should be identified and produced separately.
With respect to a physical facility, the location of the facility, the
intended purpose of the facility, the actual use of such facility, the operating dates of the
facility, the installation date of the facility, the date utilization of the facility terminated if
ROCKY MOUNTAIN POWER'S FIRST Page 3
SET OF DATA REQUESTS TO lIP A
applicable, and whether the facility is subject to the jurisdiction of the Federal Energy
Regulatory Commission, the Idaho Public Utilities Commission, or any other regulatory
body.
(5)Communication" should be interpreted to include, but not be limited to, all
forms of communication, whether written, printed, oral, pictorial, electronic or otherwise
including testimony or sworn statement, or any means or type whatsoever.
(6)Relating To" or "Related To" means pertaining to, presenting, discussing,
commenting on, analyzing, or mentioning in any way.
(7)The term "and" and "" should be construed either disjunctively or
conjunctively whenever appropriate in order to bring within the scope of each request any
information or document which might otherwise be considered to be beyond its scope.
(8)The singular form of a word should be interpreted as plural, and the plural
form of a word should be interpreted as singular, whenever appropriate in order to bring
within the scope of each request any information or document which might otherwise be
considered to be beyond its scope.
DATA REQUESTS
Anthony J. Yanke!. At page 7, lines 21-22 of your prefiled direct testimony,
you recommend that for purposes of this case, the applicable provisions of the Revised
Protocol Interjurisdictional Allocation be "ignored " in favor of a system allocation of the
costs of the Irrigation Load Curtailment program. Do you contend that Idaho can retain the
benefits of the Revised Protocol, such as the $3.5 million rate mitigation cap provided in
Rocky Mountain Power s original filing, if it ignores provisions of the Revised Protocol?
Please provide the basis for your position that Idaho can ignore provisions of the Revised
ROCKY MOUNTAIN POWER'S FIRST Page 4
SET OF DATA REQUESTS TO lIP A
Protocol in this case, along with an identification of any potential risks associated with Idaho
ignoring provisions of the Revised Protocol.
Anthony J. Yankel. At page 28 of your prefiled direct testimony, you indicate
that the Company s DSM report lacks detail in certain respects. What additional detail do
you need that wasn t provided in the DSM report? What cost assumptions do you disagree
with?
Anthony J. Yankel. What criteria do you review and consider when forming
an opinion as to the success of a residential time of day rate program?
Anthony J. Yankel. What does "more successful" mean as you use that
phrase to describe the Company s time of day rates at page 33 of your prefiled direct
testimony? What defines a successful time of day schedule?
Anthony J. Yankel. When do you propose the increase in the load control
incentive become effective?
Anthony J. Yankel. Do you agree that if the incentive is increased it will
cause a corresponding increase in Idaho revenue requirement?
Anthony J. Yankel. How do you propose the company recover the cost of
incentive payments if other states do not agree that it should be system-allocated?
Anthony J. Yankel. Do you propose the company pay money for incentive
credits without the money being recovered through customer rates in Idaho or other Rocky
Mountain Power states?
Anthony J. Yankel. Please identify all differences between the irrigation load
curtailment program and demand side management programs relied upon by you in support
ROCKY MOUNTAIN POWER'S FIRST Page 5
SET OF DATA REQUESTS TO lIP A
of your contention that the irrigation load curtailment program costs should not be situs, but
rather system-wide.
10.Anthony J. Yankel. You state in your testimony at page 16 that the load
control incentives should be increased in part as a replacement of the BP A credit. If some or
all of the BP A credit is restored, do you contend that incentives should then be decreased?
11.Anthony J. Yankel. Please explain why you contend that the Idaho Public
Utilities Commission must find a method to mitigate the loss of the BP A credit. Please
identify all legal authority, treatise, or other documentation that you rely upon in support of
your contention.
12. ,Anthony J. Yankel. Please identify all state regulatory commission decisions
or other legal authority, treatise, or other documentation that requires or authorized the Idaho
Public Utilities Commission to consider the BP credit when determining just and
reasonable rates for Rocky Mountain Power s Idaho customers.
13.Does the lIP A believe Idaho should be allocated its share of system-allocated
costs for similar programs in other states?
14.Please produce any and all documents that the lIP A expects or reasonably
anticipates introducing into evidence at a hearing in the above-captioned docket.
ROCKY MOUNTAIN POWER'S FIRST Page 6
SET OF DATA REQUESTS TO lIP A
DATED this 9th day of October 2007.
Respectfully submitted
ROCKY MOUNTAIN POWER
Jo . Hammond, Jr., ISB No. 5470
E PUSCH & ALDERMAN LLP
ank Plaza, 5th Floor
South Capitol Boulevard
O. Box 1308
Boise, Idaho 83701
[phone]
[phone] facsimile
irh~fpa-law.com
-and-
Justin Lee Brown
Rocky Mountain Power
201 South Main Street, Suite 2300
Salt Lake City, Utah 84111
Telephone: [phone]
Fax: [phone]
Email: iustin.brownC0pacificorp.com
ROCKY MOUNTAIN POWER'S FIRST Page 7
SET OF DATA REQUESTS TO lIP A
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 9th day of October, 2007, a true and correct copy of
the foregoing document was served by first-class mail, postage prepaid, and addressed to; by
fax transmission to; by overnight delivery to; or by personally delivering to or leaving with a
person in charge of the office as indicated below:
Jean Jewell, Commission Secretary
Idaho Public Utilities Commission
472 W. Washington Street
O. Box 83720
Boise, Idaho 83720-0074
Email: iean.iewell~puc.idaho.gov
( ) U.S. Mail
( ) Facsimile
) Overnight Delivery
P(1, Hand Delivery( ) Email
Neil Price
Deputy Attorney General
Idaho Public Utilities Commission
P. O. Box 83720
Boise, ill 83720-0074
neil. price~puc.idaho. gov
( ) U.S. Mail
( ) Facsimile
) Overnight Delivery
()(J Hand Delivery
( ) Email
Data Request Response Center
PacifiCorp
825 N. E. Multnomah, Suite 2000
Portland, OR 97232
e-mail: datarequest0J,pacificorp.com
( ) U.S. Mail
( ) Facsimile
1 Overnight Delivery
Hand Delivery
("f.I Email
) U.S. Mail
( ) Facsimile
( ) Overnight Delivery
()()
Hand Delivery
) Email
Scott Woodbury
Deputy Attorney General
Idaho Public Utilities Commission
472 W. Washington (83702)
O. Box 83720
Boise, ill 83720-0074
scott. woodburv~.p uc. idaho. gov
Attorney for Commission Staff
James R. Smith
Monsanto Company
O. Box 816
Soda Springs, ill 83276
E-mail: iim.r.smith~monsanto.com
( ) U.S. Mail
( ) Facsimile
) Overnight Delivery
) Hand Delivery
Email Only
ROCKY MOUNTAIN POWER'S FIRST Page 8
SET OF DATA REQUESTS TO lIP A
Randall C. Budge
Racine, Olson, Nye, Budge
& Bailey, Chtd.
O. Box 1391
Pocatello, Idaho 83204- 1391
Emai1: rcb~racinelaw.net
Attorneys for Monsanto Company
) u.S. Mail
) Facsimile
) Overnight Delivery
) Hand Delivery
(~
Emai1
Maurice Brubaker
Katie Iverson
Brubaker & Associates
17244 W. Cordova Court
Surprise, AZ 85387
Emai1: mbrubaker~consultbai.com
ki verson~consultbai. co
Consultant for Monsanto Company
) U.S. Mail
) Facsimile
) Overnight Delivery
( ) Hand Delivery
LXJ, Email
Eric L. Olsen
Racine, Olson, Nye, Budge
& Bailey, Chtd.
201 E. Center
O. Box 1391
Pocatello, Idaho 83204-1391
Email: elo~racinelaw.net
Attorneys for Idaho Irrigation Pumpers Association, Inc.
) u.S. Mail
( ) Facsimile
) Overnight Delivery
) Hand Delivery
(~
Email
Anthony Yankel
29814 Lake Road
Bay Village, OH 44140
E-mail: tony0J,yankel.net
Consultant for Idaho Irrigation Pumpers
Association, Inc.
) U.S. Mail
) Facsimile
( ) Overnight Delivery
( ) Hand Delivery
Email
Idaho Irrigation Pumpers
Association, Inc.
c/o Lynn Tominaga
O. Box 2624
Boise, ill 83701-2624
E-mail: lvnn tominaga~hotmail.com
) u.S. Mail
) Facsimile
( ) Overnight Delivery
( ) Hand Delivery
Email
Tim Buller
Agrium, Inc.
3010 Conda Road
Soda Springs, Idaho 83276
E-mail: tbuller0J,agrium.com
( ) u.S. Mail
) Facsimile
( ) Overnight Delivery
( ) Hand Delivery
Email
ROCKY MOUNTAIN POWER'S FIRST Page 9
SET OF DATA REQUESTS TO lIP A
Conley E. Ward
Michael C. Creamer
Givens Pursley LLP
608 W. Bannock Street
P. O. Box 2720
Boise, ill 83701-2720
E-mail: cew~givenspursley.com
Attorneys for Agrium, Inc.
) U.S. Mail
) Facsimile
) Overnight Delivery
) Hand Delivery
rx! Emai1
Dennis Peseau, Ph.
Utility Resources, Inc.
1500 Liberty Street S, Stet 250
Salem, OR 97302
E-mail: dpeseau(0,excite.com
Consultant for Agrium, Inc.
( ) U.S. Mail
) Facsimile
( ) Overnight Delivery
( ) Hand Delivery
IlQ Emai1
Brad M. Purdy
Attorney at Law
2019 N. 17th Street
Boise, ill 83702
Email: bmpurdv0J,hotmail.com
Attorneys for Community Action
Partnership Association of Idaho
) U.S. Mail
( ) Facsimile
) Overnight Delivery
( ) Hand Delivery
()(1 Email
Kevin B. Homer, Esq.
1565 South Boulevard
Idaho Falls, ill 83404
Email: kbh0J,khomerlaw.com
Attorney for Timothy Shurtz
) U.S. Mail
) Facsimile
) Overnight Delivery
( ) Hand Delivery
(~
Email
( ) U.S. Mail
) Facsimile
( ) Overnight Delivery
~ 1 Hand Delivery
K) Email
Tim Shurtz
411 S. Main
Firth, Idaho 83236
Email: tim~idahosupreme.com
ROCKY MOUNTAIN POWER'S FIRST Page 10
SET OF DATA REQUESTS TO lIP A