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Home My WebLink About20100709Windland 1-19 to PAC.pdfPeter J. Richardson Gregory M. Adams Richadson & O'Lear, PLLC 515 N. 27th Street ' P.O. :Box 7218 :Boise, Idaho 83702 Telephone: (208) 938.7901 Fax: (208) 938.7904 peter~cliardsonandolear.com greg~richardsonandolear.coin RECE iom JUl-9PHI: '5 Attorneys for Complainant Windland, Inc. BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION WINDLAND, INC., Complat,) ) Case No. P AC.E.1O.05 ) ) FIRST PRODUCTION REQUEST TO ) PACIFICORP ) ) ) vs. PACIFICORP, Defendant. Pursuat to Rule 225 of the Rules of Procedure of the Idao Public Utilties Commission (the "Commission"), Windland, Inc. ("Windland") hereby requests that PacifiCorp dba Rocky Mounta Power provide responses to the following with supporting documents, where applicable, as soon as possible, but no later than July 30, 2010. Ths production request is to be considered as continuing, and PacifiCorp is re.quested to provide by way of supplementa responses additional documents that it or any person acting on its behalf may later obtai tht will augment the responses or documents produced. Plea provide one physica 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 Page 1 - FIRST PRODUCTION REQUEST OF WIDLAND, INC. TO PACIFICORP - PAC.E.l 0-05 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 confdential. Counsel for Windland is willng to sign any reasonable protective agreement prior to the due date of these requests, and any confdentiality concerns should not delay the responses. For the puroses of these requests, the following words have the following meanngs: 1. "Documents" refers to all writings and records of every type in your possession, control, or custody, whether or not claied to be privileged or otherwse excludable from discovery, including but not limited to: testmony and exhibits, memoranda, papers, correspondence, letters, reports (including drafs, prelimar, intermediate, and final reports), sureys, analyses, stdies (including economic and market studies), sumares, comparsons, tabulations, bils, invoices, statements of services rendered, char, books, pamphlets, photographs, maps, bulletin, corporate or other minutes, notes, diares,. log sheets, ledgers, transcripts, microfim, microfiche, computer data (including E.mail), computer files, computer tapes, computer inputs, computer outputs and pritouts, vouchers, ac.counting statements, budgets, workpapers, engineering diagrams. (including "one.line" diagrams), mechancal and electrcal recordings, telephone and telegraphic communcations, speeches, and all other records, wrttn, electrcal, mechancal, or otherwse, and draft of any of the above. Page 2 - FIRST PRODUCTION REQUEST OF WINDLAND, INC. TO PACIFICORP - PAC-E-I0-05 "Documents" includes copies of documents, where the originals are not in your possession, custody or control. "Documents" includes every copy of a document which contas handwrtten or other notations or which otherwise does not duplicate the original or any other copy. "Doc.uments" also includes any attachments or appendices to any document. 2. "Identification" and "identifY" mean: When used with respect to a document, stating the natue ofthe document ~, letter, memorandum, minutes); the date, if any, appearng thereon; the date, ifknown, on which the document was prepared; the title of the document; the general subject matter of the document; the nllber 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 reviewed 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 known home and business addresses and telephone numbers; his or her present title and Page 3 ~ FIRST PRODUCTION REQUEST OF WINDLAND, INC. TO PACIFICORP - PAC.E-IO-05 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 afliated company, or any officer, director or employee of PacifiCorp,or any afliated company, including Rocky Mountan Power. 4. "Person" refers to, without limiting the generality of its meanng, every natual person, corporation, parership, association (whether formally organed or ad hoc);,joint venture, unt operation, cooperative, muncipality, commission, governenta body or agency, or any other group or organization. 5. "Studies" or "study" includes, without limtation, report, reviews, analyses and audits. 6. The terms "and" and "or" shall be constred either disjunctively or conjunctively whenever appropriate in order to brig withn the scope of this discovery any information or documents which might otherwse be considered to be beyond their scope. 7. The singuar form of a word shall be interreted as plural, and the plural formofa word shall be interpreted as singuar, whenever appropriate in order to bring within the scope of ths discovery request any information or documents which might otherwse be considered to be beyond their scope. Page 4 - FIRST PRODUCTION REQUEST OF WIDLAND, INC. TO PACIFICORP - PAC-E. 1 0-05 REQUEST FOR PRODUCTION NO.1 Pleaè identifY and provide all correspondence between Commssion Sta and PacifiCorp regardlg;avoided cost rates on dates on and between the date the Commission issued Order No. 30744 and March 16,2010. Please organze the correspondence chronologically beginng with the date of issuace of Order No. 30744 (March 12,2009). REQUEST FOR PRODUCTION NO.2 Please idetify and provide all correspondence between Commssion Sta and PacifiCorp regarg. delay default liquidated daages and/or delay securty provisions for PURPA contracts with published avoided cost rates on dates on and between the date the Commission issuèdOrderNo. 30744 and March 16,2010. Please organize the correspondence chronologicaly 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 PacifiCorp's possession regarding the calculation of delay default liquidated damages or delay securty provisions for PURP A contracts. REQUEST FOR PRODUCTION NO.4 Please identifY and provide all documents, and all studies regarding Windland's request for a PURA PPA and interconnection withPacifiCorp's system for the Power County Wind Park North and Power County Wind Park South projects ("Power County projects") in Idaho. Please organize correspondence chronologically. REQUEST FOR PRODUCTION NO.5 Reference Answer, ir 11. Other than delay default liquidated damages and delay securty terms and conditions, please identifY and explain the terms and conditions of a PURP A PP A for which disagreement existed ~tween PacifiCorp and Windland on March 15,2010. REQUEST FOR PRODUCTION NO.6 Reference Answer, at ir 12. Please explai how a QF in Idaho would know the stadard terms of PURPA PPAwhen PacifiCorp does not make such PPAs publicly availåble. Please explain why PacifiCorpmakes stadard PURP A PP As publicly available for Oregon QFs. Pleas explain whether PacifiCorp believes a publicly available stadard PURP A PPA would be beneficial to prospective Idaho QFs. If not, please explain why. Page 5 ~ FIRST PRODUCTION REQUEST OF WINDLAND, INC. TO PACIFICORP - PAC.E.I0-05 REQUEST FOR PRODUCTION NO.7 Reference Answer, at ir 12 (denying allegation Windland provided 11 items in Oregon'sscliedule 37). Please explai whether PacifiCorp lacked any project-specific information regarding the Power County projects, necessar to complete a stadad PURPA PPA on March 15,2010. Please identifY any missing project-specific information. REQUEST FOR PRODUCTION NO.8 PacifiCorp~s comments filed on September 18,2009, in Case No. GNR-E-09.03, requested, on pages 9.10, that the Commission requie that widQFs only be entitled to grandfatheriiigat existing gas SAR rates pending resolution of the Wind SAR docket if thi:W post a securty. Specifically, PacifiCorp requested a authorization that a "$20 per kWamount would be held as securty and retaed by the Company in the event the QF failed to diligently procee.thoug their interconnection application process, defaulted on the power purchase agreement, or if the QF failed to achieve its scheduled commercial operation date." (a)Does PacifiCorp believe that the Commission approved this request? (b)If the Commission did not grant this limited authorization for wind QFs pending resolution of the Wind SAR docket, upon what basis was PacifiCorp relyig when it requested a delay securty for the Power County projects in 2010? (c)Why did PacifiCorp believe that $45/kw was an appropriate delay seourity amount to require ofWindland's Power County projects when the Commission did not approve in Case No. GNR.E-09-03 the lesser amount of$20/k to secure not only delay in achieving online date, but also failure to proceed through intercohnection and any other default on the PP A? REQUEST FOR PRODUCTION NO.9 Please provide any documents regarding PacifiCorp's method of calculatig delay seourty amounts required of Idaho QFs. Reference Answer, ir 15. Ifno such documents exist, please explain the calculation method. REQUEST FOR PRODUCTION NO. 10 Please identify all PURPA PPA negotiations since September 18,2009, betweenPaciñCorpand developers pursuing PURPA PPAs in Idao, where PacifiCorp used the calculation method referenced in Request No.9. IfPacifiCorp has not used ths calculation methodology.unfonnY for all projects, please explain why and please identifY the Commission order authorizi differential treatment of QFs. Please provide documents that PacifiCorp believes to support response to ths request. Page 6 - FIRST PRODUCTION REQUEST OF WINDLAND~ INC. TO PACIFICORP - PAC-E- 1 0-05 REQUEST FOR PRODUCTION NO. 11 The intial Lower ValLey Energy QF PPA (approved in Order No. 30864 on July 16,2009) and the restate,d LQwer Valley Hydro QF PPA (approved in Febru 25,2010) ÇOl1tained no deLay default Liqnidated damage, Qr delay se,curity provisions. Please explai what circumstaces have changed from the time PacifiCorp.entered into those agreements to the time of negotiations with Windland such that PacifiCorp believed it necessar to require delay default liquidated damage and delay securty provisions in Windland's Power County project PPAs. REQUE§T FOR PRODUCTION NO.1 0 Reference Application, Case No. PAC.E-09-09, at Attachment 1, pp. 7.8. Plea explai why a delay liquidated damages required in the Bell Mounta Hydro project PPA filed in November 2009 contained no minimum securty amount, but PacifiCorp required a securty for the Power County projects. REQUEST FOR PRODUCTION NO. 11 Reference Application, Case No. PAC.E.09-09, at Attchment 1, p. 4. Please provide and compare the "index price" as defined in the Bell Mountan Hydro PP A, available in July 2009, to the forecast available in September 2009, and the forecast available in Marh 2010. Was the index price higher than the avoided cost rates in Order No. 30744 at any of those times? REQUEST FOR PRODUCTION NO. 12 Please explain, and provide documents supportng, whether PacifiCorp's delay security amount of$20lkw proposed in PacifiCorp's Wind SAR comments in September 2009 would have been a "fai and reasonable offset of a reguated utilty's estimated increase in power supply costs att'buta'bleto the PURPAsupplier's failure to meet its contractually scheduled operation date." Reference, Order No. 30608, p. 4. Please explain how that amount of delay default liquidated daage wQuld satisfY the test for liquidated damages set fort in i.e. § 28-2. 718( 1). REQUEST FOR PRODUCTION NO. 13 Please.explai~ and provide documents supporting, whether a delay securty amount of $45lkw executed any time between Augut 2009 and March 2010 would be a "fair and reasonable offset of a regulated utilty' sestimated increase in power supply costs attbutable to the PUR A supplier's failure to meet its contractually scheduled operation date." Reference Order No. 30608, p. 4. Please explai how that amount of delay default liquidated damge would satisfy the test for liquidated danages set fort in LC. § 28-2.718(1). Page 7 - FIRST PRODUCTION REQUEST OF WIDLAND, INC. TO PACIFICORP - PAC-E-IO-05 REQUEST FOR PRODUCTION NO. 14 Reference Answer, ~ 16. Please identifY the Commssion Order requiring QFs to post a minimum delay securty amount of$20lkw or $45/k over a QF's protest. If no such order exists, identifY any Commission Order approving a delay securty amount of$45lkw ina PURPA contract prior to March 16,2010. REQUEST FOR PRODUCTION NO. 15 Reference Answer, page 3, lines 4-6. Does PacifiCorp deny that Windland stated in its Marh 12, 2010 materials that if a delay default securty were required Windland would prefer to provide a letter of credit? REQUEST FOR PRODUCTION NO. 16 Please provide the liquidated damage and delay securty provisions for all PP As entered into by PacifiCorp outside of the PURP A context for the last five years. If any of these PP As require less than a $451kw delay security, please explain how the amount required was adequate, fai, andreasonable. ' REQUEST FOR PRODUCTION NO. 17 Does PacifiCorp believe that actu damages from a QF's failure to meet its projected online date would be diffcult to calculate? If so, please explain. If not, please explail1 why liquidated damages are appropriate. Reference LC. § 28.2.718(1). REQUEST FOR PRODUCTION NO. 18 IfPacifiCorp and its ratepayers incur damages for a new generation facilty's failuretoconie online at the target date, please explain what mechansm the Company institutes to make ratepayers whole from any delay in utility-owned resources meeting their target online date. REQUEST FOR PRODUCTION NO. 19 Wil PacifiCorp issue a ratepayer refud in the amount of $45/k, or otherwse equivalent to the delay liquidated damages it required in Windlands Power County projeçt PPAs, ifPacifiCorp fails hit its target online date for its own self-built resources? Ifnot, please explain why. Page 8 - FIRST PRODUCTION REQUEST OF WINDLAND, INC. TO PACIFICORP - PAC~E. 1 0-05 Than you for your prompt attention to ths First Request for Production. eter . Richardson Gregory M. Adams RICHARDSON & O'LEARY, PLLC Attorneys for Windland, Inc. Page 9 - FIRST PRODUCTION REQUEST OF WINDLAND, INC. TO PACIFICORP - PAC.E-IO-05 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 8th day of July, 2010, a true and correct copy of the within and foregoing FIT PRODUCTION REQUEST TO PACIFICORP BY WINLAN, INC. was served in the maner shown to: Jean Jewell Commission Secreta Idaho Public Utilties Commission 472 W Washington Boise ID 83702 j jewell($puc.st.id. 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($idahopower.com _ Hand Delivery X U.S. Mail, postage pre.paid Facsimile lL Electronic Mail Mark C Moench PacifiCorp 201 Sout Main Ste 2300 Salt Lake City UT 84111 mark. moench($pacificorp. com _ Hand Delivery X U.S. Mail, postage pre.paid Facsimile .. Electronic Mail Clint Kalich A VISTA Corporation PO Box 3727 Spokae WA 99220 clint.kalich§avistacorp.com _ Hand Delivery iU.S. Mail, postage pre-paid Facsimile X Electronic Mail Jeffey S Lovinger Kenneth E Kaufan Lovinger Kaufman LLP 825 NE Multnomah Ste 925 Portland OR 97232 lovinger($lkaw.com kaufman($lklaw.com _ Hand Delivery XU.S. Mail, postage pre.paid Facsimile X Electronic Mail Danel E Solander Rocky Mountain Power 201 South Main St Ste 2300 Salt Lake City UT 84111 dael.solandercmpacificorP.com _ Hand Delivery iU.S. Mail, postage pre.paid Facsimile lL Electronic Mail ~úwh. Nina Curis 1