20100630Staff 1-11 to Windland.pdf

SCOTT WOODBURY
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 1895
RECE nt.../
inû JUN 30 PM 2=32
Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5918
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
Complainant,
)
) CASE NO. PAC-E-10-05
)
) FIRST PRODUCTION
) REQUEST OF THE
) COMMISSION STAFF TO
) WINDLAND, LLC
)
)
WINDLAND, INC.,
vs.
PACIFICORP,
Respondent.
The Staff of the Idaho Public Utilities Commission, by and through its attorney of record,
Scott Woodbury, Deputy Attorney General, requests that Windland, Inc. (Windland) provide the
following documents and information as soon as possible, but no later than WEDNESDAY,
JULY 21, 2010.
This Production Request is to be considered as continuing, and Windland, Inc. is
requested to provide, by way of supplementary responses, additional documents that it or any
person acting on its behalf may later obtain that wil augment the documents produced.
For each item, please indicate the name of the person(s) preparing the answers, along
with the job title of such person(s) and the witness who can sponsor the answer at hearing.
Please provide answers to each question, supporting workpapers that provide detail or are
the source of information used in calculations. Windland is reminded that responses pursuant to
FIRST PRODUCTION REQUEST TO
WINDLAND, INC.1 JUNE 30, 2010
Commission Rules of Procedure must include the name and phone number of the person
preparing the document, and the name, location and phone number of the record holder and if
different the witness who can sponsor the answer at hearing if need be. Reference IDAPA
31.01.01.228.
In addition to the written copies provided as response to the questions, please provide all
Excel and electronic fies on CD with formulas activated.
REQUEST NO.1: Please provide copies of any draft or signed Power Purchase
Agreements exchanged between Windland and PacifiCorp, along with any cover letters. Please
state the date of any draft PPA submittals to the Company. Please indicate what caused or
motivated the signing and furnishing ofPPAs to the Company on those dates. For each PPA
submitted, please indicate who prepared the PP A.
REQUEST NO.2: Please cite the date of each instance prior to March 12, 2010 in
which Windland requested that PacifiCorp execute two standard PURPA power purchase
agreements for Windland's two QFs. Reference Complaint p. 1, ll. 4-8. In what form were the
requests made? To whom were the requests directed? What was PacifiCorp's response to each
request? Please provide documentation to support your answers.
REQUEST NO.3: Please provide a copy of all documents provided by PacifiCorp to
Windland indicating PacifiCorp's refusal to enter into PPAs for Windland's two QFs. Reference
Complaint p. 1, 1. 8 through p. 2, 1. 2.
REQUEST NO.4: Please state the date that Windland first retained the legal services of
Richardson & O'Leary PLLC to represent it in all matters pertaining to the securing of a Power
Purchase Agreement from PacifiCorp for the Power County Wind Park North and Power County
Wind Park South projects.
REQUEST NO.5: Please describe in detail the nature by which Windland "in 2007,
engaged in negotiations with PacifiCorp to purchase the rights to develop a utilty scale wind
project at Windland's site in Power County." Reference Complaint p. 4, ~6. What was the date?
FIRST PRODUCTION REQUEST TO
WINDLAND, INC.2 JUNE 30, 2010
How was the contact initiated? Who initiated the contact? What was requested (if anything)?
Please provide copies of all related notes, correspondence or documentation.
REQUEST NO.6: Please provide a copy of all transmission and interconnection studies
completed by PacifiCorp for a wind project up to 150 MW at Windland's site in Power County.
Reference Complaint p. 4, ~7. Are these transmission and interconnection studies considered
curent? Do they reflect the sizes and configurations of the two QFs for which Windland is
seeking a PURP A contract from PacifiCorp?
REQUEST NO.7: Please explain why Windland's 2007 negotiations with PacifiCorp
did not result in PacifiCorp acquiring any of Windland's Power County wind or other rights.
Reference Complaint p. 4, ~8.
REQUEST NO.8: Please provide a copy of the "essential elements of a 20-year
PURPA power purchase agreement" that Windland provided to PacifiCorp in February 2010.
Reference Complaint p. 4, ~11.
REQUEST NO.9: Please provide a copy of PacifiCorp's requests for additional
information and Windland's corresponding responses to those requests. Please clearly mark or
identify the date of each request and response. Reference Complaint p. 5, ~13.
REQUEST NO. 10: Please indicate whether any PPAs exchanged between Windland
and PacifiCorp contained provisions for delay liquidated damages and/or security for delay
liquidated damages. If no delay liquidated damages and associated security provisions were
included, please explain why.
REQUEST NO. 11: A. Did Windland or its counsel access or review Case No.
GNR-E-I0-0l on the Commission's website between March 9,2010 and March 16, 2010? If
yes, please indicate the date(s) that access was made and identify the individuals who made each
access.
FIRST PRODUCTION REQUEST TO
WINDLAND, INC.3 JUNE 30, 2010
B. Did Windland receive information from other paries that the avoided cost rates were
being recalculated? Please indicate who provided the information to Windland, the date(s) the
information was provided and identify who at Windland had knowledge.
c. Was Windland or its counsel aware that the Northwest Power and Conservation
Council published and posted a new natural gas price forecast on March 8, 2010, in conjunction
with the Council's approval and release of its Sixth Power Plan? Please indicate each individual
who had knowledge and the dates that each first became aware of the new forecast.
DATED at Boise, Idaho, this ~ ~y ofJune 2010.
Technical Staff: Rick Sterling
i:umisc:prodreqpacelO.5swrps prJ
FIRST PRODUCTION REQUEST TO
WINDLAND, INC.4 JUNE 30, 2010
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 30TH DAY OF JUNE 2010,
SERVED THE FOREGOING FIRST PRODUCTION REQUEST OF THE
COMMISSION STAFF TO WINDLAND, LLC, IN CASE NO. PAC-E-I0-05, BY
MAILING A COPY THEREOF, POSTAGE PREPAID, TO
THE FOLLOWING:
JEFFREY S LOVINGER
KENNETH E KAUFMANN
LOVINGER KAUFMANN LLP
825 NE MUL TNOMAH STE 925
PORTLAND OR 97232
E-MAIL: lovinger(ilklaw.com
Kaufmar(ilklaw.com
MARK C MOENCH
DANIEL E SOLANDER
ROCKY MOUNTAIN POWER
201 S MAIN ST STE 2300
SALT LAKE CITY UT 84111
E-MAIL: mark.moench(ipacificorp.com
daniel. solander(ipacificorp.com
PETER J RICHARDSON
GREGORY MADAMS
RICHARDSON & O'LEARY
PO BOX 7218
BOISE ID 83702
E-MAIL: peter(irichardsonandolear.com
greg(irichardsonandoleary .com
'FSEC~
CERTIFICATE OF SERVICE