20101018PIIC 1 (1) to Monsanto.pdf

Melinda J. Davison, OSB No. 930572
Davison Van Cleve, P.C.
333 SW Taylor, Suite 300
Portland, OR 97204
[phone]
[phone] (Fax)
mjd§dvclaw.com
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Ronald L. Wiliams, ISB No. 3034
/ Wiliams Bradbur, P.C.
1015 W. Hays St.
Boise ID, 83702
[phone]
[phone] (Fax)
ron§willamsbradbur.com
Attorneys for PacifiCorp Idaho Industral Customers
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-E-10-07
)
) FIRST SET OF DATA REQUESTS
) TO MONSANTO OF THE
) PACIFICORP IDAHO
) INDUSTRIAL CUSTOMERS
)
)
PacifiCorp Idaho Industrial Customers ("PIlC"), by and through its attorney of record,
Melinda Davison, requests that Monsanto Company ("Monsanto"), provide the following
documents and information on or before Monday, October 25,2010.
PAGE 1 - PILC'S FIRST SET OF DATA REQUESTS TO MONSANTO
I. DEFINITIONS
1. "Documents" refers to all writings and records of every type in your possession, control,
or custody, whether or not claimed to be privileged or otherwse excludable from
discovery, including but not limited to: testimony and exhbits, memoranda, papers,
correspondence, letters, reports (including drafs, preliminary, intermediate, and final
reports), sureys, analyses, studies (including economic and market studies), sumaries,
comparisons, tabulations, bils, invoices, statements of services rendered, chars, books,
pamphlets, photographs, maps, bulletins, corporate or other minutes, notes, diares, log
sheets, ledgers, transcripts, microfilm, microfiche, computer data (including E-mail),
computer fies, computer tapes, computer inputs, computer outputs and printouts,
vouchers, accounting statements, budgets, workpapers, engineering diagrams (including
"one-line" diagrams), mechanical and electrical recordings, telephone and telegraphic
communcations, speeches, and all other records, wrtten, electrical, mechanical, or
otherwse, and drafs 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 handwrtten 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 nature of the document (e", letter,
memorandum, corporate 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 number of pages comprising the document; the identity of
each person who wrote, dictated, or otherwise 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
position; and his or her present and prior connections or associations with any paricipant
or pary to this proceeding.
3. "Monsanto" refers to Monsanto Company.
PAGE 2 - PILC'S FIRST SET OF DATA REQUESTS TO MONSANTO
4. "Person" refers to, without limiting the generality of its meaning, every natual person,
corporation, partnership, association (whether formally organzed or ad hoc), joint
ventue, 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 constred 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 otherwse be
considered to be beyond their scope.
Il. INSTRUCTIONS
1. These requests call for all information, including information contained in documents,
which relate to the subject matter of the Data Request and which is known or available to
you.
2. Where a Data Request has a number of separate subdivisions or related pars or portions,
a complete response is required to each such subdivision, par or portion. Any objection
to a Data Request should clearly indicate the subdivision, par, or portion of the Data
Request to which it is directed.
3. The time period encompassed by these Data Requests is from 2000 to the present uness
otherwise specified.
4. Each response should be furnished on a separate page. In addition to hard copy,
electronic versions of the document, including studies and analyses, must also be
fushed if available.
5. If you canot answer a Data Request in full, afer exercising due dilgence to secure the
information necessar to do so, state the answer to the extent possible, state why you
canot answer the Data Request in full, and state what information or knowledge you
have concerning the unanswered portions.
6. If, in answering any of these Data Requests, you feel that any Data Request or definition
or instrction applicable thereto is ambiguous, set forth the language you feel is
ambiguous and the interpretation you are using in responding to the Data Request.
7. If a document requested is unavailable, identify the document,.describe in detail the
reasons the document is unavailable, state where the document can be obtained, and
specify the number of pages it contains.
PAGE 3 - PUC'S FIRST SET OF DATA REQUESTS TO MONSANTO
8. If you assert that any document has been destroyed, state when and why it was destroyed
and identify the person who directed the destrction. If the document was destroyed
pursuant to your document destruction program, identify and produce a copy of the
guideline, policy, or company manual describing such document destruction program.
9. If you refuse to respond to any Data Request by reason of a claim of privilege,
confidentiality, or for any other reason, state in writing the type of privilege claimed and
the facts and circumstaces you rely upon to support the claim of privilege or the reason
for refusing to respond. With respect to requests for documents to which you refuse to
respond, identify each such document, and specify the number of pages it contains.
Please provide: (a) a brief description of the document; (b) date of document; (c) name
of each author or preparer; (d) name of each person who received the document; and (e)
the reason for witholding it and a statement of facts constituting the justification and
basis for witholding it.
10. Identify the person from whom the information and documents supplied in response to
each Data Request were obtained, the person who prepared each response, the person
who reviewed each response, and the person who will bear ultimate responsibilty for the
trth of each response.
11. If no document is responsive to a Data Request that calls for a document, then so state.
12. These requests for documents and responses are continuing in character so as to require
you to file supplemental answers as soon as possible if you obtain fuher or different
information. Any supplemental answer should refer to the date and use the number of the
original request or subpart thereof.
13. Whenever these Data Requests specifically request an answer rather than the
identification of documents, the answer is required and the production of documents in
lieu thereof will not substitute for an answer.
14. Please provide the responses to these Data Requests by Monday, October 25, 2010, to:
Melinda Davison
Davison Van Cleve, P.C.
333 S.W. Taylor St., Ste. 400
Portland, Oregon 97204
[phone]
mail§dvclaw.com
Don W. Schoenbeck
Regulatory & Cogeneration Services, Inc.
900 Washington Street, Suite 780
Vancouver, WA 98660
[phone] Ext:222
dws§r-c-s-inc.com
Radall J. Falkenberg
RFI Consulting, Inc., PMB 362
8343 Roswell Road
Sandy Springs, GA 30350
[phone]
consultrf§aol.com
PAGE 4 - PILC'S FIRST SET OF DATA REQUESTS TO MONSANTO
IIL. DATA REQUESTS
1.1. Please provide a copy of Monsanto's data responses to the data requests of all
other paries. This is an ongoing request.
PAGE 5 - PILC'S FIRST SET OF DATA REQUESTS TO MONSANTO
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have this day served the foregoing First Set of Data
Requests to Staff on behalf of the PacifiCorp Idaho Industrial Customers upon the paries, on the
offcial service list shown below for PAC-E-10-07, via electronic maiL.
Dated at Portland, Oregon, ths 15th day of October, 2010.~lA~
Sarah A. Kohler
Ted Weston
PacifiCorp/dba Rocky Monntain Power
201 S. Main Street, Suite 2300
Salt Lake City, UT 84111
ted. weston~pacificorp.com
Paul J. Hickey
Hickey & Evans, LLP
1800 Carey Ave., Suite 700
PO Box 467
Cheyenne, WY 82003
phickey~hickeyevans.com
Mark C. Moench
Daniel Solander
PacifiCorp/dba Rocky Mountain Power
201 S. Main Street, Suite 2300
Salt Lake City, UT 84111
mark.moench~pacificorp.com
daniel.solander~pacificorp.com
(ELECTRONIC COPIES ONLY)
Data Request Response Center
PacifiCorp
825 NE Multnomah, Suite 2000
Portland, OR 97232
datarequest~pacificorp.com
Scott Woodbury
Deputy Attorney General
Idaho Public Utilties Commission
427 W. Washington (83702)
PO Box 83720
Boise, il 83720-0074
scott.woodbury~puc.idaho.gov
Randall C. Budge
Monsanto Company
Racine Olson Nye Budge & Bailey
201 E. Center
PO Box 1391
Pocatello, il 83204-1391
rcb~racinelaw.net
Katie Iverson
Monsanto Company
Brubaker & Associates
17244 W. Cordova Cour
Surprise, AZ 85387
kiverson~consultbai.com
James R. Smith
Monsanto Company
PO Box 816
Soda Springs, ID 83276
jim.r.smith~monsanto.com
(ELECTRONIC COPIES ONLY)
PAGE 6 - PILC'S FIRST SET OF DATA REQUESTS TO MONSANTO
Eric L. Olson
Idaho Irrigation Pumpers Association, Inc.
Racine Olson Nye Budge & Bailey
201 E. Center
PO Box 1391
Pocatello, il 83204-1391
elo~racinelaw.net
Dr. Don Reading
Idaho Conservation League
6070 Hil Road
Boise, il 83603
dreading~mindspring.com
(ELECTRONIC COPIES ONLY)
Benjamin J. Otto
Idaho Conservation League
710 N. 6th Street
POBox 844
Boise, il 83702
botto~idahoconservation.org
Brad M. Purdy
Community Action Partnership Association of
Idaho
Attorney at law
2019 N. 17th Street
Boise, il 83702
bmpurdy~hotmail.com
Anthony Yankel
Idaho Irrigation Pumpers Association, Inc.
29814 Lake Road
Bay Vilage, OH 44140
tony~yankei.net
Tim Buller
Jason Harris
Agrium, Inc.
3010 Conda Road
Soda Springs, ID 83276
tbuller~agrium.com
jaharis~agrium.com
Ronald L. Williams
PacifiCorp Idaho Industrial Customers
Wiliams Bradbur, P.C.
1015 W. Hays St.
Boise, il 83702
ron~wiliamsbradbur .com
PAGE 7 - PILC'S FIRST SET OF DATA REQUESTS TO MONSANTO