20110106Monsanto to PAC 6th 1 (1-8).pdf

Mrs. Jean Jewell, Secretar
Idaho Public Utilities Commission
P.O. Box 83720
Boise, Idaho 83720-0074
W. MARCUSW. NYE
RANDALL C. BUDGE
JOHN A. BAILEY, JR.
JOHN R. GOODELL
JOHN B. INGELSTROM
DANIEL C. GREEN
BRENT O. ROCHE
KIRK B. HADLEY
FRED J. LEWIS
ERIC L. OLSEN
CONRAD J. AIKEN
RICHARD A. HEARN, M.D.
LANE V. ERICKSON
FREDERICK J. HAHN, III
DAVID E. ALEXANDER
PATRICK N. GEORGE
SCOTT J. SMITH
JOSHUA D. JOHNSON
STEPHEN J. MUHONEN
CANDICE M. MCHUGH
CAROL T1PPI VOLYN
BRENT L. WHITING
JONATHON S. BYINGTON
DAVE BAGLEY
THOMAS J. BUDGE
JONATHAN M. VOLYN
MARK A. SHAFFER
JASON E. FLAIG
FERRELL S. RYAN, II
Dear Jean:
LAW OFFICES OF
RACINE/OLSON NYE BUDGE & BAILEY
CHARTERED
201 EAST CENTER STREET
POST OFFICE BOX 1391
POCATELLO, IDAHO 83204-1391
BOISE OFFICE
101 SOUTH CAPITOL
BOULEVARD, SUITE 208
BOISE, IDAHO 83702TELEPHONE: [phone]
FACSIMILE: [phone]
TELEPHONE [phone]
FACSIMILE [phone] IDAHO FALLS OFFICE
477 SHOUP AVENUESUITE 107
POST OFFICE BOX 50698IDAHO FALLS, ID 83405
TELEPHONE: (208) 52$-6101
FACSIMILE: (2n8) 528-6109
ww.racinelaw.net
ALL OFFICES TOLL FREE
[phone]SENDER'S E-MAIL ADDRESS:rcb(§racinelaw.net
LOUIS F. RACINE (l917~20$)
WILL.IAM D. OLSON. OF COUNSEL
Januar 4,2011 "'i:--~'-:iz
I0"
~X
"!w\J
Re: PAC-E-IO-07
Enclosed for filing in the captioned matter please fin~~~nal and three copies of
Monsanto Company's Responses to Rocky Mountain Power '~nd Seventh Data Requests.
Than you for your assistance.
.&r
RCB:rr
Enclosures
cc: Service List (w/encls.)
Randall C. Budge, ISB No. 1949
RACINE, OLSON, NYE, BUDGE &
BAILEY, CHARTERED
P.O. Box 1391; 201 E. Center
Pocatello, Idaho 83204-1391
Telephone: [phone]
Fax: [phone]
rcb~racinelaw.net
R
2811 JAfJ-61 Arl 9: 39
Attorneys for Intervenor Monsanto Company
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICA nON OF )
ROCKY MOUNTAIN POWER FOR APPROVAL)
OF CHANGES TO ITS ELECTRIC SERVICE )
SCHEDULES AND A PRICE INCREASE OF )
$27.7 MILLION, OR APPROXIMATELY )13.7 PERCENT )
)
Case No. PAC-E-IO-07
MONSANTO COMPANY'S RESPONSE TO ROCKY MOUNTAIN POWER'S
SIXTH SET OF DATA REQUESTS
COMES NOW Monsanto Company ("Monsanto"), through counsel, and hereby responds
to Rocky Mountain Power's Sixth Set of Discovery Requests dated December 19,2010, pursuant
to Rule 225 of the Idaho Public Utilities Commission's Rules of Procedure, IDAPA 31.01.01, as
follows:
MONSANO COMPAN'S RESPONSE TO ROCKY MOUNTAI POWER'S SIXTH DISCOVERY REQUESTS - 1
RESPONSES TO DATA REQUESTS
RMP 1.1 Is Senator Bob Geddes currently an employee or a consultant of Monsanto?
Answer: Senator Bob Geddes is an employee of Monsanto at the Soda Springs, Idaho. Mr.
Geddes is not a consultant of Monsanto.
RMP1.i Is Senator Bob Geddes a former employee or consultant of Monsanto?
Answer:No.
RMP 1.3 If the answer to either RMP 1.1 or RMP 1.2 is yes, please provide dates of past
and/or current employment or if a consultant please provide the terms of such engagement
including dates of service for past or current serices.
Answer: Monsanto objects to ths data request on the basis that the star date of Mr.
Geddes's employment is proprietar, irrelevant and immaterial to any issues presented in this
case. Without waiving these objections, Mr. Geddes's employment began March 27, 1985, and
continues to present.
RMP 1.4 Has Senator Bob Geddes been asked by Monsanto to act as an external
spokesperson for Monsanto regarding issues pending before the Idaho Public Serice
Commission in Case No. PAC-E-10-07?
Answer: No. Any and all communications by Mr. Geddes regarding any issues pending
before the Idaho Public Utilities Commission are as an elected state Senator acting in that
capacity representing his constituents and not as an employee or spokesperson for Monsanto.
RMP 1.5 Please provide any talking points, media communication plans, interal
documents or emails on directions and approved statements that were provided to him by
Monsanto or developed by Senator Geddes.
Answer: Monsanto objects to this request on the basis it is vague, overbroad, irrelevant to
any issues pending in this case, requests proprietar information and is propounded for no valid
reason other than harassment. Without waiving these objections, Monsanto states as follows:
Mr. Geddes provided no such information to Monsanto. Senator Bob Geddes indicates that he
has engaged in this case, as he has on many other utility issues that affect his constituency durng
his ter of serce in the Idaho State Senate. Attached is a copy of Senator Bob Geddes's
December 20,2010 letter responding to these discovery requests, together with the handouts that
Senator Bob Geddes indicates he used in presentations within his Distrct and with elected
offcials and community leaders to inform them of the rate case and encourage their paricipation.
This handout included Rocky Mountain's press release dated May 28,2010, filed with the Idaho
Public Utilities Commission, copy of which is attached.
MONSANO COMPAN'S RESPONSE TO ROCKY MOUNTAIN POWER'S SIXH DISCOVERY REQUESTS - 2
RMP 1.6 Does Senator Bob Geddes have any responsibilities or specific assignents as
either an employee or consultant to Monsanto related to the Rocky Mountain Power 2010 general
rate case PAC-E-10-07? Ifso, what are those responsibilities or assignents?
Answer:No. See Response to 1.1 above.
RMP 1.7 If the answer to RMP 1.6 is yes, will Senator Bob Geddes receive any additional
compensation depending upon the outcome in P AC-E-1 0-017
Answer: No.
RMP 1.8 Please provide any and all internal communications, documents and
documentation related to Rocky Mountain Power's 2010 Idaho general rate case that were
provided to Senator Geddes or sent from Senator Geddes to Monsanto management or other
employees related to Case No. PAC-E-1O-07.
Answer:See Response to Request 1.S.
DATED this Sth day of Januar, 2011.
RACINE, OLSON, NYE, BUDGE &
BAILEY, CHARTERED
BL~~I~
RANDALL C. BUDG-
MONSANO COMPAN'S RESPONSE TO ROC MOUNAI POWER'S SIXTH DISCOVERY REQUESTS - 3
CERTIFICATE OF MAILING
I HEREBY CERTIFY that on this sth day of Januar, 2011, I served a tre, correct and
complete copy of the foregoing document, to each of the following, via the method so indicated:
Jean D. Jewell, Secretary (original and 3)
Idaho Public Utilties Commission
P.O. Box 83720
Boise, il 83720-0074
E-mail: jjewell~puc.state.id.us U.S. Mail
Ted Weston
Rocky Mountain Power
201 South Main, Suite 2300
Salt Lake City, Utah 84111
E-mail: ted.westont$pacificorp.com E-Mail
Paul J. Hickey
Hickey & Evans, LLP
1800 CareyAve., Ste 700
POBox 467
Cheyene, WY 82003
E-mail: phickeyt$hickeyvans.com E-Mail
Mark C. Moench
Danel Solander
Rocky Mountain Power
201 S. Main Street, Suite 2300
Salt Lake City, Utah 84111
E-mail: mark.moencht$pacificorp.com
daniel.solandert$pacificorp.com
E-Mail
Data Request Response Center
PacifiCorp
825 NE Multnomah, Suite 2000
Portland, Oregon 97232
E-mail: dataequestt$pacificorp.com
E-Mail
Scott Woodbur
Deputy Attorney General
Idaho Public Utilties Commission
P. O. Box 83720
Boise, Idaho 83720-0074
E-mail: scott.woodburyt$puc.idaho.gov
E-Mail
MONSANO COMPAN'S RESPONSE TO ROCKY MOUNAI POWER'S SIXTH DISCOVERY REQUESTS - 4
Katie Iverson
Brubaker & Associates
17244 W. Cordova Cour
Surprise, Arzona 85387
E-mail: kiverson(fconsultbai.com
E-Mail
James R. Smith
Monsanto Company
P. O. Box 816
Soda Springs, Idaho 83276
E-mail: jim.r.smith(fmonsanto.com
E-Mail
Eric L. Olsen
Racine, Olson, Nye, Budge& Bailey
P.O. Box 1391
Pocatello, Idaho 83204-1391
E-mail: elo(fracinelaw.net
E-Mail
Anthony Yanel
29814 Lake Road
Bay Vilage, Ohio 44140
E-mail: tony!fankel.net
E-Mail
Tim Buller
Jason Hars
Agrum, Inc.
3010 Conda Road
Soda Sprigs, Idao 83276
E-mail: tbuller(fagrium.com
jaharis(fagrium.com
E-mail
Benj amin J. Otto
Idaho Conservation League
P. O. Box 844
Boise, Idaho 83702
E-mail: botto(fidahoconservation.org
E-Mail
Dr. Don Reading
6070 Hil Road
Boise, Idaho 83703
U.s. Mail
Melinda J. Davison
Davison Van Cleve, P.C.
333 SW Taylor, Suite 400
Portland, Oregon 97204
E-mail: mjdcmdvclaw.com
E-Mail
MONSANO COMPAN'S RESPONSE TO ROCKY MOUNTAI POWER'S SIXTH DISCOVERY REQUESTS - 5
Ronald L. Wiliams
Wiliams Bradbur, P.C.
1015 W. Hays Street
Boise, Idaho 83702
E-mail: ronßYwiliamsbradbury.com
Brad M. Purdy
Attorney at Law
2019 N. 17th Street
Boise, Idaho 83702
E-mail: bmpurdy(ßhotmail.com
E-Mail
E-Mail
~¿'&+RAND UDGE
MONSANTO COMPAN'S RESPONSE TO ROCKY MOUNAIN POWER'S SIXTH DISCOVERY REQUESTS - 6
DISTRICT 31
BEAR LAE, CARIBOU,
FRANKLIN, BONNEVILLE &
TETON COUNTIES
HOME ADDRESS
370 MOUNTAIN VIEW AVENUE
SODA SPRINGS. IDAHO 83276
HOME: [phone]
OFFICE ADDRESS
STATE CAPITOL
P.O. BOX 83720
BOISE. IDAHO 83720-0081
[phone]
FAX: [phone]
Idaho State Senate
SENATOR ROBERT L. GEDDES
PRESIDENT PRO TEMPORE
December 20, 2010
Mr. Randal C. Budge, Esq.
Racine, Olson, Nye, Budge & Bailey, Chtd.
20 i E. Center Street
Pocatello, Idaho 83204
Dear Mr.. Budge:
The followig is my response to the Rocky Mountain Power - Discovery effort regarding my
legislative involvement to encourage constituent involvement and my personal involvement to
represent my consituency regarding Rocky Mountan Power Rate Case PAC-E-IO- 07.
RM 1.1 Is Senator Bob Geddes curently an employee or a consultant of Monsanto?
~es, I am an employee of Monsanto.
RMP 1.2 Is Senator Bob Geddes a former employee or consultant of Monsanto?
No, I am a current employee of Monsanto.
RMP 1.3 If the answer to either RMP 1.1 or RM 1.2 is yes, please provide dates of pas
and/or curent employment or if a consultant please provide the terms of such engagement
including dates of service for past or current service.
I have been employed by Monsanto from 03/27/1985 to present.
RMP 1,4 Ha Senator Bob Geddes been asked by Monsanto to act as an external
spokesperson for Monsanto regarding issues pending before the Idaho Public Service
Commission in Case No. P AC-E-1 0-07?
No, I have not been.
RMP 1.5 Please provide any talking points, media communications plans, internal
documents or e-mails or directions and approved statements that were provided by Monsanto or
developed by Senator Geddes.
I have never been asked or assigned by Monsanto or anyone at Monsanto to be
involved or engaged from an employee standpoint. I have engaged in this rate case,
as I have on many other utilty issues that affected my constituency during my
service in the Idaho State Senate.
I have attached a scanned copy of the handout that has been used in presentations
within my district and with elected official and community leaders to inform them
of the rate case and to ask for their influence and involvement. This handout
included the press release as prepared and fied with Rocky Mountain Power, dated
May 28,2010.
RMP 1.6 Does Senator Bob Geddes have any responsibilties or specific assignments as
either an employee or consultat to Monsanto related to the Rocky Mountain Power 2010
general rate case PAC-E-1 0-07?
No.
RMP i. 7 If the answer to RMP i.6 is yes, wil Senator Bob Geddes receive any additiona
compensation depending upon the outcome ofPAC-E- i 0-O7?
No, compensation relating to this rate case from Monsanto has been, is expected or
wil be received; I am working for and in behalf of my constituents (of which
Monsanto is signifcant and a major employer within my district. Most of their
employees live within my legislative district). I have made every effort to disclose
that I am a Monsanto employee and that I do not have the responsibilty or
authority to speak for Monsanto. As I have interacted with my constituents and in
public forums, I have represented that I am not speaking for or as a representative
of Monsanto. Note the testimony that was presented in Grace, Idaho (12-15-2010).
In early September, Representative Marc Gibbs and I met with a commissioner of
the iPUC. The purpose of this meeting and the discussion was to obtain direction as
to what involvement was appropriate for a legislator to engage in, regarding a utility
rate case. We were encouraged to be involved and assured that it was absolutely
appropriate for us to be engaged.
Al costs associated with my involvement, i.e. travel, newspaper and radio
advertisement were entirely paid for by the Geddes for Senate Campaign Fund,
Tammy Geddes - Treasurer.
Newspaper editorials were written, co-signed and supported by Representative
Thomas Loertscher (District 31) and Representative Marcus Gibbs (District 31).
Most meetings that were attended were also attended by other legislators with an
effort to encourage them to become involved and to encourage their constituents to
become participants ofthe rate case process.
I neither apologize nor feel embarsed for the level and intensity of my involvement regarding
this precedent setting rate case. Such efforts are not new for me and I have demonstrted similar
effort, as I have openly and visibly worked against the sale ofPacifiCorp to Scottsh Power, the
expanded area of service for long-distance telephone coverage, the ultimate deregulation of
landline telephone companies and the defining in Idao Code of the Idaho/Idaho Power's
definition of the Swan Falls water agreement.
Perhaps to the dismay of these same utilty companies and as I stepped aside from th position of
President Pro Tempore of the Idaho State Senate, I have maintaned positions on the Senate's
State Affairs Committee and the Resources and Environment Committee. To a degre, these
committee assignents were continued to enable me to mainta presence, involvement and
oversight of the utilities and of the Idaho Public Utilties Commission.
If this discovery effort by Rocky Mountain Power was meant to discourage me and dissuade me
frm curent or futue involvement in rate cases and utility issues in general, the effort was futile.
If you have any questions or need additional information, please feel fre to request that frm
me. I have kept meticulous records of e-mails, both sent and received; records of expenditure
and have documented all of my activities associated with ths rate case.
I am sorr that Rocky Mountain Power feels that their efforts ar justified and that you ha to
respond to their less th honorable motives to question how I choose to represent those that
have elected me to represent them.
Sincerely,
&~.A~
Senator Robert L. Geddes
Distrct 31
cc: Jim Smith, Monsanto
Trent Clark, Monsanto
Representative Marcus Gibbs, Distrct 31
Reprsentative Thomas Loertcher, Distrct 31
Senator Brent Hil, President Pro Tempore - Idaho State Senate
attchment: Handout used at community meetings.
To find more information regarding the Idaho Public Utilities and the
Electrical Rate Case settng process go to:
ww.puc.idao.gov
The Rocky Mountan Rate Cas is: PAC-E-10-o7
The tentative schedule for Public Heags regarng uis rae cae is as follows:
December 14, 2010
1:30 p.m.
7:00p.m.
Shelley Senor Center, Shelley, Idao
Maguson Hotel, Rexbug, Idao (former COUontree)
December 15,2010
1:30 p.m.
7:00p.m.
Gr Amenca Legion Hall, Gre, Idaho
Robinon Building, Preston, Idaho
to send ä oon1ent:
Idaho Public Utiities Commission
P.O. Box 83720
Boise, Idaho 83720-0074
or
email from the PUC website.
Note:
If you are concered about the quaity of serice th Rocky Moun Power provides, ths is
not a good tie to make that comment.
. Good Suggestions for comments:
· A 10.5% R.te ofRetu is not appropnate or acceptale in ths economic climate;
· Demd has declined and company is expandig too much at cuomer expens;
· Rocky Mountan Power has not demonstted cost effciency necssar to keep rates
low;
· Rates should be set baed on "fair and reasonable" not what other utilties in Idaho,
regionay or nationally ar reeiving.
If you have any questions or need additiona inormation, please caJl:
Senator Bob Geddes at 547-2423 (h) or 221-6523 (c)
or
Representaive Marc Gibbs at 425-3385 (h) or 547-7447 (c)
SHA THE CONCERN AN ENCOURGE OTHERS TO GET
INOLVED!
~~~UNAIN PAc-~-i¿):.C/7.
RECE1VEO
ø1l.Z8 ini.; 52
itrAHO .PUBLlQSlON
UTlUTlES COMIt) .
.For Info co
Da Ei 80-222447Me Ho 80775-79
In~eStments to serve customers drie request for price lncrea$e,
. '.
. . '..BOIS, May 28, .2010 - Ro Moun Powe contiue to ma inesen in .
reble electy, tmission li and ennmen cotrl equipment-to se ...
. cuer. Th invesen prose to be inlud in prce at aly se Ida .c.omer or wi be bere th en of2010. Th re wi be reewe by th ~
Pulic Utilties Commsso~ which may aPve it or det a differ adjusen.toelecc prce. .
: . "We uDø how diffcut prce incr at for çUmer paully in ths: .
. ~oilomy," sad Ka Oiore vice prden "R Momita :löwe work ha to . ..
eontrl thos ~. it ca contl, suh as st levls and opg cost. .In ad~on; .
th copay ba cu abut .ha-a-bilon doll fr its cait buet ea yea for ~
ne 10 ye in re to th ecmic reon. HoWC, .the compay mus
. conti renale inveen in ne filities to contue rele 'e1ec sece tocumers in Id.. .
"T ieUe prce incr is need to' contue sae, reliable elecc servce to
cuser in. Idao as th st's elecity nee grw," Oi sad. "To minimize the
impa oftbs prce in. we have tips and prct to hep cusmea us elëcity
wiy, as well as prgr to hep"equa or ex bil payig. Ca us toll fre, any
tie, at 1-Sn"221-7Q70 or vi us on om web si roomitapo.ne to I.ea.
more." . .
Even wi th prpo ine, Roc Moun Powe's cuei Wi eJ0Y some .
of the lowes prce in th nao~ and we're workg ha to contrl cost in th fitu.The propose incr" ar: .
Stda Real Sece
Time of Use :Rid:
Sm .Gera Sece ..Med anLa Geer Serce:Ir:
Lie Inal:
S.OpeIS.6pe10.8 pel14.6 pe9.6 pe
IS.9~to 19.6pei
. .The propse chaes tle inteded to bng all cuomer prce mor closely to the acl\
cost ta see them wh~h is a bac objecve ofutUty reguaton.' The $27.7 mîon
reuest rerets an over 13. 71 pe averge incras for Ida cu of
Roc Moun Powe.
-more-
investmnts to sere cutomers dre request for prce increase 2-2-2
Th:public may comment on the rees du th coinssion's review pro A. copy ;
of the compay's application. is avåilale for public reew.at.te common off in
Boise ard at the company's offcës in Rexbur, Prn, 8heRey an Montlier.
ldao Public. Utiities Commssonww.puc.st.id.us .
¡ . 472 W Wasgtn
, Bois, 1D 8370i 208-33L(300
. i.1
. . ~ .
(. .
Roe'M~1Dta Powèr omce
~ Rexbu - 25 Ea Ma
. · Prn -: 509 8. 2i E
.'Shelley - S52 E 1400.'N
· Monlier:- 24852 US Hwy 89
. '!
. ~ '~~.. .
,¡ . ~. About Ro Mountain Power
Rok) ~O\ta Powe sees more tñ 70,00 cusmer in sout Ida. It is .
one of th lowe-cost elecc utliti~ in th Unite Stte, prodin ~ an reiale
sece to QIore th one 1 milion cuomer in Uta Wyomig and Idaho. ~~.compa .
works to mee grWig energy dean whe prg and eng the ennment .' .
an o~ more th 10,000 megawa of genertion frm coal, hydr, na ga-niled .. .
combuson tubines and reewble wid an 8~t1enal power.
. ###
.' .,
LU/UV rUDLJ~ U 11Lli :r ~Uiv1Ml;S;SlUN t,UM~N 1 l'UKM Page i ot2.
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