20071009PAC to Monsanto 1-37.pdf

John R. Hammond, Jr., ISB No. 5470
FISHER PUSCH & ALDERMAN LLP
U S Bank Plaza, 5th Floor
101 South Capitol Boulevard
O. Box 1308
Boise, Idaho 83701
[phone]
[phone] facsimile
irh(q~fpa-law .com.com
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UTILITIES CUiVINI
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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.brown~pacificorp.com
Attorneys for Rocky Mountain Power
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF P ACIFICORP DBA ROCKY MOUNTAIN
POWER FOR APPROVAL OF CHANGES TO
ITS ELECTRIC SERVICE SCHEDULES
CASE NO. P AC-O7-
DATA REQUESTS
ROCKY MOUNTAIN POWER'
FIRST SET OF DATA REQUESTS TO MONSANTO COMPANY
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 Monsanto Company ("Monsanto ) and requests that Monsanto 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 MONSANTO
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 Monsanto; 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 Monsanto.
(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 MONSANTO
(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 MONSANTO
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
Daniel R. Schettler. Please provide documentation or citation to an agreement
with the Company that Monsanto relies upon in support of its contention that future price
increases from Rocky Mountain Power would be based on increases in its operating costs
incurred after January 1 , 2007.
Daniel R. Schettler.Please define the terms reliable, predictable and
affordable as those terms appear on page 16 of your pre filed direct testimony.
ROCKY MOUNTAIN POWER'S FIRST Page 4
SET OF DATA REQUESTS TO MONSANTO
Daniel R. Schettler. Please identify all facts relied upon by you for your
assertion on page 15 of your prefiled direct testimony that the Company was not negotiating
in good faith with respect to the contract negotiations for the 2007 contract.
J ames Smith. Please identify all phosphorus producers that you are aware of
that use non-electric furnaces.
J ames Smith. Please provide copies of all documentation relied upon or that
reasonably relates to your contention on page 18 of your prefiled direct testimony that
Monsanto is committed to spending millions of dollars on projects at the Soda Springs plant.
James Smith. Please confirm that the reference of21.4% on line 1 , page 20 of
your pre filed direct testimony is a typographical error that should read 24.1 %.
J ames Smith. Please identify all facts and documentation relied upon by you
for your assertion on page 16 of your prefiled direct testimony that Monsanto believed that
its rate increase for 2007 rates effectively brought Monsanto to a rate that was "fair, just and
reasonable, at or near true cost of service and fairly valuing interruptibility.
James Smith.Please provide copies of all notes, presentations, or other
documentation used, referred to, or relied upon in Monsanto s meeting with community
leaders and suppliers as alleged on page 22 of your prefiled direct testimony. Please also
identify who Monsanto met with, where, and when the meetings occurred.
Kathryn E. Iverson. Please identify all circumstances that you are aware of
where Monsanto would not comply with a curtailment request from Rocky Mountain Power?
10.Kathryn E. Iverson. You testify that the Company should value Monsanto
curtailment based upon the long-run avoided costs. Can Monsanto guarantee that the Soda
ROCKY MOUNTAIN POWER'S FIRST Page 5
SET OF DATA REQUESTS TO MONSANTO
Springs plant will remain in operation for the next 15 , 20, 30, or 35 years? If not, how can
the Company reasonably plan on Monsanto s curtailment as a long-term resource?
11.Kathryn E. Iverson. Please confirm whether the amount used for the SO2
sales adjustment illustrated in Exhibit 210 (KEI-6), and proposed by Monsanto witness Mr.
Gorman, included a rate base offset component?
12.Kathryn E. Iverson.Please provide copIes of all work papers, analyses
documents, calculations, and other material relied upon or that you anticipate relying upon in
support of your Exhibit 208 (KEI-4), Adjustments in Load to Align with JAM Study.
13.Kathryn E. Iverson. Please provide copies of all work papers, analyses
documents, calculations, and other material relied upon or that you anticipate relying upon in
support of your Exhibit 209 (KEI-5), Allocation of Revenue Reduction as a Result of the
Rate Mitigation Cap.
14.Kathryn E. Iverson.Please provide copIes of all work papers, analyses
documents, calculations, and other material relied upon or that you anticipate relying upon in
support of your Exhibit 211 (KEI- 7) - Exhibit 213 (KEI-9), regarding valuation of Monsanto
interruptibility.
15.Kathryn E. Iverson. Please identify all characteristics that you rely upon in
support of your contention that the Company treats the Monsanto load curtailment like a
combustion turbine.
16.Kathryn E. Iverson. Please identify all characteristics that you are aware of
that distinguish the Company s treatment of Monsanto s load curtailment from its use of a
combustion turbine.
ROCKY MOUNTAIN POWER'S FIRST Page 6
SET OF DATA REQUESTS TO MONSANTO
17.Kathryn E. Iverson.Please provide copIes of all work papers, analyses
documents, and other material relied upon or that you anticipate relying upon in support
(including electronic files with active formulas) of your Monsanto curtailment
recommendations.
18.Kathryn E. Iverson. Given the Company s current generation portfolio, should
Monsanto be paid any more for providing power through curtailing its load than the cost the
Company would incur by providing that same power by utilizing its current generation
portfolio?
19.Kathryn E. Iverson. Please explain, in your opinion, the difference, if any,
between a firm WSPP Schedule C market purchase of power, power generated by a
Company owned resource, and power supplied by Monsanto by curtailing load.
20.Kathryn E. Iverson. Please provide any analysis or work papers supporting
Monsanto s claim that an aero-derivative simple cycle combustion turbine is the most cost
effective method to provide operating reserves.
21.Kathryn E. Iverson. Please provide a list comparing the number of hours an
aero-derivative simple cycle combustion turbine is available to operate in a typical year to the
total number of hours Monsanto is willing to curtail all three furnaces in a typical year.
22.Kathryn E. Iverson. Please provide the benefit to customers for Monsanto
receiving credit for "avoiding capacity" if the Company already owns sufficient capacity to
meet load and operating reserve requirements.
23.Kathryn E. Iverson. Please provide the benefit to customers for Monsanto
receiving credit for "avoiding capacity" if the Company can obtain the same type of capacity
ROCKY MOUNTAIN POWER'S FIRST Page 7
SET OF DATA REQUESTS TO MONSANTO
and energy product through the market at costs that are less than those incurred by building
and operating new capacity.
24.Kathryn E. Iverson. Please explain how customers benefit from retaining
interruptible contracts at costs that are higher than those incurred by the customers to obtain
the same products elsewhere.
25.Michael Gorman. Please confirm whether you agree with the Idaho Public
Utilities Commission Staff s adjustment related to the Company s 2007 plant additions? If
not, please explain why.
26.Michael Gorman. Please confirm whether you agree that Idaho law permits
known and measurable adjustments when setting utility rates. Please explain your answer.
27.Michael Gorman. Exhibit 220 (MPG- 7) reverses the 2007 plant additions and
accumulated deferred income taxes from McDougal Exhibit 11 page 8., but does not reverse
the schedule M or deferred income tax adjustments associated with the same plant on page
8. Please explain why you did not include these tax items in your adjustment?
28.Michael Gorman. Please confirm whether you agree with the Idaho Public
Utilities Commission Staff s position to disallow only those severance costs that exceed the
amount of the lower of the actual amount paid or the savings realized. If you do not, please
explain your response.
29.Michael Gorman.Please provide copIes of all work papers, analyses
documents, and other material relied upon or that you anticipate relying upon in support
(including electronic files with active formulas) of your return on equity recommendations.
30.What is the maximum number of hours Monsanto is willing to curtail each
year? Please provide how many furnaces will be curtailed for the number of hours provided.
ROCKY MOUNTAIN POWER'S FIRST Page 8
SET OF DATA REQUESTS TO MONSANTO
31.What is the maximum number of consecutive hours Monsanto is willing to
curtail three furnaces? Two furnaces? One furnace?
32.For each of Monsanto s three furnaces, please provide the market value of the
product produced by the furnace in a typical hour of operation.
33.Please provide details regarding the ability of Monsanto s furnaces to operate
at different levels. For comparison purposes, please provide ramp rates, minimum run times
and other data similar to that which is available for a combustion turbine.
34.Please provide all facts and documentation that supports the proposition that
the market price during a double contingency event (as described in the current Monsanto
agreement) will equal or exceed $250 per MWh.
35.Is Monsanto willing to enter into a 30 year contract to provide curtailment
products? If yes, is Monsanto willing to agree to liquidated damages and credit requirements
similar to those required in typical power purchase supply agreement entered into by the
Company?
36.Please provide all Monsanto s quantitative analysis, dating from 2003 to 2007
on the value of its interruptibility.
37.Please produce any and all documents that Monsanto expects or reasonably
anticipates introducing into evidence at hearing in the above-captioned docket.
ROCKY MOUNTAIN POWER'S FIRST Page 9
SET OF DATA REQUESTS TO MONSANTO
DATED this 9th day of October 2007.
Respectfully submitted
ROCKY MOUNTAIN POWER
Jo . arnmond, Jr., ISB No. 5470FI E USCH & ALDERMAN LLP
ank Plaza, 5th Floor
101 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.brown~pacificorp.com
ROCKY MOUNTAIN POWER'S FIRST Page 10
SET OF DATA REQUESTS TO MONSANTO
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.iewellCil!puc.idaho.gov
( ) U.S. Mail
( ) Facsimile
) Overnight Delivery
(xf Hand Delivery
( ) Email
Neil Price
Deputy Attorney General
Idaho Public Utilities Commission
P. O. Box 83720
Boise, ill 83720-0074
neil. ?Iice~puc.idaho. gov
( ) U.S. Mail
) Facsimile
) Overnight Delivery
LX Hand Delivery
( ) Emai1
Data Request Response Center
PacifiCorp
825 N. E. Multnomah, Suite 2000
Portland, OR 97232
e-mail: datarequest~pacificorp.com
) u.S. Mail
) Facsimile
1 Overnight Delivery
~ .
' Hand Delivery
PQ
Email
) U.S. Mail
( ) Facsimile
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(.xr Hand Delivery
r ~ Email
Scott Woodbury
Deputy Attorney General
Idaho Public Utilities Commission
472 W. Washington (83702)
O. Box 83720
Boise, ill 83720-0074
scott. woodb urv(q1puc. 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 11
SET OF DATA REQUESTS TO MONSANTO
Randall C. Budge
Racine, Olson, Nye, Budge
& Bailey, Chtd.
O. Box 1391
Pocatello, Idaho 83204- 1391
Email: rcbce.vracinelaw.net
Attorneys for Monsanto Company
) u.S. Mail
) Facsimile
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Email
Maurice Brubaker
Katie Iverson
Brubaker & Associates
17244 W. Cordova Court
Surprise, AZ 85387
Email: mbrubaker~i)consultbai.com
ki verson((:Uconsultbai.com
Consultant for Monsanto Company
( ) U.S. Mail
) Facsimile
) Overnight Delivery
) Hand Delivery
9(J 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
b(1 Email
Anthony Yankel
29814 Lake Road
Bay Village, OH 44140
E-mail: tony(q.!yanke 1.net
Consultant for Idaho Irrigation Pumpers
Association, Inc.
( ) U.S. Mail
( ) Facsimile
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f)() Email
Idaho Irrigation Pumpers
Association, Inc.
c/o Lynn Tominaga
O. Box 2624
Boise, ill 83701-2624
E-mail: lynn tominaga(d)hotmai 1.com
) U.S. Mail
( ) Facsimile
) Overnight Delivery
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9\) Email
Tim Buller
Agrium, Inc.
3010 Conda Road
Soda Springs, Idaho 83276
E-mail: tbuner~agrium.com
) U.S. Mail
( ) Facsimile
( ) Overnight Delivery
) Hand Delivery
f)('
Email
ROCKY MOUNTAIN POWER'S FIRST Page 12
SET OF DATA REQUESTS TO MONSANTO
Conley E. Ward
Michael C. Creamer
Givens Pursley LLP
608 W. Bannock Street
P. O. Box 2720
Boise, ill 83701-2720
E-mail: cew((pgivenspursley.com
Attorneys for Agrium, Inc.
( ) u.S. Mail
( ) Facsimile
) Overnight Delivery
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Hand Delivery
-P\2 Email
Dennis Peseau, Ph.
Utility Resources, Inc.
1500 Liberty Street S, Ste. 250
Salem, OR 97302
E-mail: dpeseau(CV,excite.com
Consultant for Agrium, Inc.
) u.S. Mail
) Facsimile
( ) Overnight Delivery
) Hand Delivery
(Xl Email
Brad M. Purdy
Attorney at Law
2019 N. 17th Street
Boise, ill 83702
Email: bmpurdyce.v,hotmail.com
Attorneys for Community Action
Partnership Association of Idaho
( ) U.S. Mail
( ) Facsimile
) Overnight Delivery
) Hand Delivery
IXJ Email
Kevin B. Homer, Esq.
1565 South Boulevard
Idaho Falls, ill 83404
Email: kbh(q~khomerlaw.com
Attorney for Timothy Shurtz
Tim Shurtz
411 S. Main
Firth, Idaho 83236
Email: tim((v.idahosupreme.com
) U.S. Mail
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( ) Hand Delivery
LX) Email
( ) u.S. Mail
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J Hand Delivery
(~
Email
ROCKY MOUNTAIN POWER'S FIRST Page 13
SET OF DATA REQUESTS TO MONSANTO