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Home My WebLink About20100709Windland 1-14 to Staff.pdf) (" rvc. Peter J. Richardson Gregory M. Adams Richardson & O'Lear, PLLC 515 N. 27th Street P.O. Box 7218 Boise, Idaho 83702 Telephone: (208) 938-7901 Fax: (208) 938-7904 peter(ßrichardsonandolear .com greg(ßrichardsonandoleary .com 2ßfO JUL -9 PHI: 15 Attorneys for Complainant Windland, Inc. BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION WINDLAND, INC., Complainant, ) ) Case No. PAC-E-1O-05 ) ) FIRST PRODUCTION REQUEST TO ) COMMISSION STAFF ) ) ) vs. PACIFICORP, Defendant. Pursuant to Rule 225 of the Rules of Procedure of the Idaho Public Utilities Commission (the "Commission"), Windland, Inc. ("Windland") hereby requests that Commission Staff provide responses to the following with supporting documents, where applicable, as soon as possible, but no later than July 30, 2010. This production request is to be considered as continuing, and Commission Staff is requested to provide by way of supplementary responses additional documents that it or any person acting on its behalf may later obtain that will augment the responses or documents produced. Page 1 - FIRST PRODUCTION REQUEST OF WINDLAND, INC. TO COMMISSION STAFF - PAC-E-I0-05 Please provide one physical copy of your responses to the address above, and electronic copies, if available, to Mr. Richardson and Mr. Adams at the addresses noted above. Please begin each response on a separate page and provide page numbers on responses longer than one page. 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 at hearng who can sponsor the answer. Some of the following requests may include disclosures deemed to be confidential. Counsel for Windland is willng to sign any reasonable protective agreement prior to the due date of these requests, and any confidentiality concerns should not delay the responses. For the puroses of these requests, the following words have the following meanngs: 1. "Documents" refers to all wrtings and records of every type in your possession, control, or custody, whether or not claimed to be privileged or otherwise excludable from discovery, including but not limited to: testimony and exhbits, memoranda, papers, correspondence, letters, reports (including drafts, preliminar, intermediate, and final reports), sureys, analyses, studies (including economic and market studies), sumares, comparisons, tabulations, bils, invoices, statements of services rendered, chars, books, pamphlets, photographs, maps, bulletins, corporate or other minutes, notes, diaries, log sheets, ledgers, transcripts, microfim, microfiche, computer data (including E-mail), computer files, computer tapes, computer inputs, computer outputs and printouts, vouchers, accounting statements, budgets, workpapers, engineering diagrams (including "one-line" diagrams), mechancal and electrical recordings, telephone and telegraphic communcations, speeches, and all other records, wrtten, electrical, mechancal, or Page 2 - FIRST PRODUCTION REQUEST OF WIND LAND, INC. TO COMMISSION STAFF - PAC-E-1O-05 otherwse, and drafts of any of the above. "Documents" includes copies of documents, where the originals are not in your possession, custody or control. "Documents" includes every copy of a document which contains handwritten or other notations or which otherwise does not duplicate the original or any other copy. "Documents" also includes any attachments or appendices to any document. 2. "Identification" and "identify" mean: When used with respect to a document, stating the natue of the document (~, letter, memorandum, minutes); the date, if any, appearing thereon; the date, ifknown, on which the document was prepared; the title of the document; the general subject matter of the document; the number of pages comprising the document; the identity of each person who wrote, dictated, or otherwse paricipated in the preparation of the document; the identity of each person who signed or initiated the document; the identity of each person to whom the document was addressed; the identity of each person who received the document or revtewed it; the location of the document; and the identity of each person having possession, custody, or control of the document. When used with respect to a person, stating his or her full name; his or her most recently Page 3 - FIRST PRODUCTION REQUEST OF WIND LAND, INC. TO COMMISSION STAFF - P AC-E-l 0-05 known home and business addresses and telephone numbers; his or her present title and position; and his or her present and prior connections or associations with any paricipant or pary to this proceeding. 3. "PacifiCorp" refers to PacifiCorp, any affiiated company, or any offcer, director or employee ofPacifiCorp, or any affiiated company, including Rocky Mountan Power. 4. "Person" refers to, without limiting the generality of its meanng, every natural person, corporation, partnership, association (whether formally organzed or ad hoc), joint venture, unit operation, cooperative, muncipality, commission, governental body or agency, or any other group or organzation. 5. "Studies" or "study" includes, without limitation, reports, reviews, analyses and audits. 6. The terms "and" and "or" shall be construed either disjunctively or conjunctively whenever appropriate in order to bring within the scope of this discovery any information or documents which might otherwse be considered to be beyond their scope. 7. The singular form of a word shall be interpreted as plural, and the plural form of a word shall be interpreted as singular, whenever appropriate in order to bring within the scope of this discovery request any information or documents which might otherwise be considered to be beyond their scope. Page 4 - FIRST PRODUCTION REQUEST OF WIND LAND, INC. TO COMMISSION STAFF - PAC-E-1O-05 REQUEST FOR PRODUCTION NO.1 Please identify and provide all correspondence between Commission Staff and PacifiCorp regarding avoided cost rates on dates on and between the date the Commission issued Order No. 30744 and March 16,2010. Please organize the correspondence chronologically beginnng with the date of issuance of Order No. 30744 (March 12,2009). REQUEST FOR PRODUCTION NO.2 Please identify and provide all correspondence between Commission Staff and PacifiCorp regarding delay default liquidated damages and/or delay security provisions for PURP A contracts with published avoided cost rates on dates on and between the date the Commission issued Order No. 30744 and March 16,2010. Please organize the correspondence chronologically beginnng with the date of issuance of Order No. 30744 (March 12,2009). REQUEST FOR PRODUCTION NO.3 Please identify and provide all studies in Staff s possession regarding the calculation of delay default liquidated damages and/or delay securty provisions for PURPA contracts. REQUEST FOR PRODUCTION NO.4 Please identify and provide all documents in Staff s possession regarding the Wind SAR generated by Staff or PacifiCorp between the date the Commission issued Order No. 30744 and March 16,2010. Please organze the documents chronologically beginning with the date of issuace of Order No. 30744 (March 12,2009). REQUEST FOR PRODUCTION NO.5 The Commission website for Case No. GNR-E-I0-0l denotes the March 9,2010, letter (or the "Letter") from Deputy Attorney General Scott Woodbur as the "application" in the case. Reference IDAPA 31.01.01.121. Please explain whether Staff considers the March 9,2010, letter the application in the case. Please identify the "applicant" in this docket as that term is defined in Rule 32 of the Commission Rules of Procedure (lDAPA 31.01.01.032). REQUEST FOR PRODUCTION NO.6 Please identify all persons to whom Staff sent this Letter on dates on and between March 9, 2010, and March 16,20'10. Please organize the response by date, and identify the mode of delivery by which Staff sent the letter. Page 5 - FIRST PRODUCTION REQUEST OF WIND LAND, INC. TO COMMISSION STAFF -PAC-E-I0-05 REQUEST FOR PRODUCTION NO.7 Please explain why Mr. Woodbur's March 9, 2010, letter was not sent to all paries who paricipated in Case No. GNR-E-09-01, in which Order No. 30744 was the final order, or to all paries who paricipated in Case No. GNR-E-09-03, where the Commission was investigating the Wind SAR. REQUEST FOR PRODUCTION NO.8 Please explain whether Staff or the Commission Secretar provided notice of application to change rates in Case No. GNR-E-lO-Ol to all interested persons pursuant to IDAPA 31.01.01. 123.02? If no, please explain why. If yes, please identify and provide such notice. REQUEST FOR PRODUCTION NO.9 If Staff maintains that Mr. Woodbur's March 9,2010, letter was not an application under the Commission's rules of procedure, please explain why it is denoted as such on the Commission's website for Case No. GNR-E-l 0-0 1. If Staf maintains the Letter was an application, please specifically explain how it conforms to Rules 52(1), 52(2), 52(3), 52(4) ofthe Commission's Rules of Procedure (lDAPA 31.01.01.123.052). REQUEST FOR PRODUCTION NO. 10 If Staff maintains that Mr. Woodbur's March 9, 2010, letter was not an application under the Commission's rues of procedure, please explain how anyone other than the letter's addressees would know to comment or paricipate in the matter initiated by the letter. Please include explanation of how such interested paries would know the deadline to submit comments or the date when the proposed rates would tae effect. ' REQUEST FOR PRODUCTION NO. 11 Please explain how the public was informed it may review the rate schedule in Mr. Woodbur's March 9,2010, letter, and the proposed effective date of the proposed rates. REQUEST FOR PRODUCTION NO. 12 Is it the Commission Staffs position that interested paries must check the Northwest Power and Conservation Council's website to recalculate avoided cost rates when a new gas schedule becomes available? If so, please explain whether information regarding inputs and calculations in the curent natural gas CCCT SAR methodology is publicly available for such interested paries to recalculate avoided cost rates using that methodology and a new gas forecast. Please identify where such information is publicly available and how interested paries would obtain it. Page 6 - FIRST PRODUCTION REQUEST OF WIND LAND, INC. TO COMMISSION STAFF - PAC-E-I0-05 REQUEST FOR PRODUCTION NO. 13 Please provide all documents in Staff s possession demonstrating the exact date and time which Mr. Woodbur's March 9, 2010, letter was posted on the Commission's internet website available to the public. Please provide the name of the witness(es) who can testify to this date and time at a hearing. REQUEST FOR PRODUCTION NO. 14 Please provide all internal documents and all correspondence regarding a telephone call from Mr. Peter J. Richardson to Mr. Woodbur on or about March 10,2010, regarding avoided cost rates. If Mr. Woodbur denies the occurence of such a conversation, please state so. (a) Please explain whether Mr. Woodbur informed Mr. Richardson that Mr. Woodbur would provide Mr. Richardson with Mr. Woodbur's March 9,2010, letter to Idaho Power, Avista, and PacifiCorp, regarding avoided cost rates? If not, please explain why. (b) Please explain whether Mr. Woodbur informed Mr. Richardson of when the rates in the March 9, 2010, letter were proposed to take effect? Ifnot, please explain why. (c) Please explain whether Mr. Woodbury informed Mr. Richardson that the matter would be open to public comment in any maner? If not, please explain why. (d) Please explain whether Mr. Woodbur informed Mr. Richardson that the letter was available on the Commission's website and available for public inspection? Ifnot, please explain why. (e) Please explai whether Mr. Woodbur informed Mr. Richardson the Commission would address the new proposed avoided cost rates in GNR-E-lO-Ol at its March 15,2010, decision meeting? If not, please explain why. Than you for your prompt attention to this First Request for Production. Sincerely yours, ~~Gregory M. Adams RICHARDSON & O'LEARY, PLLC Attorneys for Windland, Inc. Page 7 - FIRST PRODUCTION REQUEST OF WIND LAND, INC. TO COMMISSION STAFF - PAC-E-l 0-05 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 8th day of July, 2010, a true and correct copy of the within and foregoing FIRST PRODUCTION REQUEST TO COMMISSION STAFF BY WINDLAN, INC. was served in the maner shown to: Jean Jewell Commission Secreta Idaho Public Utilities ComÌission 472 W Washington Boise ID 83702 i jewell(ßpuc. st.d. us -X Hand Delivery _U.S. Mail, postage pre-paid Facsimile lL Electronic Mail Baron L Kline IDAHO POWER COMPANY PO Box 70 Boise ID 83707 bkline(ßidahopower .com _ Hand Delivery lLU.S. Mail, postage pre-paid Facsimile lL Electronic Mail Mark C Moench PacifiCorp 201 South Main Ste 2300 Salt Lake City UT 84111 mark.moench(ßacificorp.com _ Hand Delivery lLU.S. Mail, postage pre-paid Facsimile lL Electronic Mail Clint Kalich A VISTA Corporation PO Box 3727 Spokane W A 99220 clint.kalichêavistacorp.com _ Hand Delivery iU.S. Mail, postage pre-paid Facsimile lL Electronic Mail Jeffrey S Lovinger Kenneth E Kaufman Lovinger Kaufman LLP 825 NE Multnomah Ste 925 Portland OR 97232 lovinger(ßlklaw.com kaufmann(ßlklaw.com _ Hand Delivery lLU.S. Mail, postage pre-paid Facsimile lL Electronic Mail Daniel E Solander Rocky Mountain Power 201 South Main St Ste 2300 Salt Lake City UT 84111 danieL. solander(ßpacificorp.com _ Hand Delivery iU.S. Mail, postage pre-paid Facsimile lL Electronic Mail ~w"'~ Nina Curtis 1