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Home My WebLink About20100903XRG 1-15 to PAC.pdfr-"~, ~.A~nJîDifiSEP-3 At'U:54 Peter Richardson \,0 UTiUTTel: 208-938-7901 Fax: 208-938-7904 pete rli richardson andol eary. com P.O. Box 7218 Boise, ID 83707 - 515 N. 27th St. Boise.ID 83702 3 September, 2010 Ms. Jean Jewell Commission Secretary Idaho Public Utilities Commission 472 W. Washington Boise, 1083702 RE: PAC-E-10-08 Dear Ms. Jewell: We are enclosing three copies of the FIRST PRODUCTION REQUEST OF XRG-DP-7, XRG-DP-8, XRG-DP-9, XRG-DP-10, LLCs, in the above case. A copy is also enclosed for your stamping and return to our offce. Sincerely, Greg M. Adams Richardson & O'Leary PLLC 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(ßrichardsonandolear .com C ~'ll,,, i ~ ZUlU SEP -3 AM II: 54 IDAhO UTILITIES Attorneys for Complainants XRG-DP-7, XRG-DP-8, XRG-DP-9, XRG-DP-lO, LLCs BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION XRG-DP-7, XRG-DP-8, XRG-DP-9, XRG-DP- )10, LLCs, )Complainants, ) ) ) ) ) ) Case No. PAC-E-1O-08 vs.FIRST PRODUCTION REQUEST TO ROCKY MOUNTAIN POWER PACIFICORP, DBA ROCKY MOUNTAIN POWER, Defendant. Pursuat to Rule 225 of the Rules of Procedure of the Idaho Public Utilties Commission (the "Commission"), XRG-DP-7, XRG-DP-8, XRG-DP-9, XRG-DP-I0, LLCs (collectively "XRG" or "Complainants") hereby requests that PacifiCorp dba Rocky Mountan Power provide responses to the following with supporting documents, where applicable, as soon as possible, but no later than September 24, 2010. Ths production request is to be considered as continuing, and Rocky Mountain Power is requested to provide by way of supplementa responses additional documents that it or any person acting on its behalf may later obtain that will augment the responses or documents produced. Please provide one physical copy of your responses to the address above, and electronic copies, if available, to Mr. Richardson and Mr. Adas 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 hearing who can sponsor the answer. Some of the following requests may include disclosures deemed to be confdentiaL. Counsel for XRG 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 meanings: 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 drafts, preliminar, 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, diaries, 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), mechancal and electrical recordings, telephone and telegraphic Page 2 - FIRST PRODUCTION REQUEST OF COMPLAINANTS TO ROCKY MOUNTAIN POWER-PAC-E-IO-08 communications, speeches, and all other records, written, electrical, mechanical, or 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 nature of the document (~, letter, memorandum, minutes); the date, if any, appearing thereon; the date, if known, on which the document was prepared; the title ofthe 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 reviewed it; the location of the document; and the identity of each person having possession, custody, or control of the document. Page 3 - FIRST PRODUCTION REQUEST OF COMPLAINANTS TO ROCKY MOUNTAIN POWER - PAC-E-l 0-08 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. "PacifiCorp" refers to PacifiCorp, any affiliated company, or any officer, director or employee ofPacifiCorp, or any affiliated company, including Rocky Mountain Power. Reference to "Rocky Mountain Power" includes reference to PacifiCorp if relevant to XRG QF projects referred to in the complaint fied in ths docket 4. XRG or Complainant refers to XRG-DP-7, LLC, XRG-DP-8, LLC, XRG-DP-9, LLC, XRG-DP-I0, LLC, collectively or individualy 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; aiy affiliated companes, affiliated parnerships or other types of affliated business enterprises engaged in business on behalf of the XRG QF projects referred to in the complaint fied in this docket, including but not limited to Exergy Development Group, LLC, and Exergy Design Concepts; or any officer, director or employee of the previously listed entities. 5. "Person" refers to, without limiting the generality of its meaning, every natual person, corporation, parership, association (whether formally organized or ad hoc), joint Page 4 - FIRST PRODUCTION REQUEST OF COMPLAINANTS TO ROCKY MOUNTAIN POWER - PAC-E-l 0-08 venture, unit operation, cooperative, muncipality, commission, governenta body or agency, or any other group or organization. 6. "Studies" or "study" includes, without limitation, reports, reviews, analyses and audits. 7. 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 otherwise be considered to be beyond their scope. 8. 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. Page 5 - FIRST PRODUCTION REQUEST OF COMPLAINANTS TO ROCKY MOUNTAIN POWER - PAC-E-l 0-08 REQUEST FOR PRODUCTION NO.1 Please identify and provide all documents (including correspondence, internally or externally distributed), and all studies regarding XRG's request for PURPA PPAs and interconnection with Rocky Mountain Power's system in Idao for the XRG QF projects referenced in the Complaint in this case. Please organze documents chronologically. REQUEST FOR PRODUCTION NO.2 Reference Answer, ir 9. Please explai why Rocky Mountain Power delivered a PPA for only one of the XRG projects? Did Rocky Mountan Power receive requests for PPAs for all four XRG projects? REQUEST FOR PRODUCTION NO.3 Reference the email communcation by Bruce Griswold to XRG dated Oct. 2, 2009, regarding the XRG projects. Does Rocky Mountan Power admit that it denied XRG PPAs for three of the four XRG projects. If yes, please explain Rocky Mountain Power's legal basis for doing so. REQUEST FOR PRODUCTION NO.4 Did Rocky Mountan Power inform XRG on November 1,2009, that transmission may be available for all four XRG projects if the projects came online on or after June 2011? If so, please identify and provide supporting documents establishing when Rocky Mountain Power first became aware of this possibility of additional transmission capacity. REQUEST FOR PRODUCTION NO.5 Reference Answer, ir 8. Please provide supporting documents or studies establishing that transmission capacity for no more than 23 MW of net output was available at the time period from Januar 2009 to March 2010. Please provide supporting documents or studies establishing that transmission capacity for no more than 23 MW would be available at all proposed online dates discussed by XRG, including June 2011. REQUEST FOR PRODUCTION NO.6 Does it appear at this date that transmission capacity wil exist for over 23 MW at the proposed point of interconnection for the XRG projects at any point prior to the end of 20 II? If so, please identify and provide supporting documents establishing when Rocky Mountain Power first became aware of this possibilty of additional transmission capacity. Page 6 - FIRST PRODUCTION REQUEST OF COMPLAINANTS TO ROCKY MOUNTAIN POWER-PAC-E-IO-08 REQUEST FOR PRODUCTION NO.7 Reference Answer, ir 11. Please explain whether Rocky Mountain Power lacked any project- specific information regarding the XRG projects, necessary to complete standard PURP A PP As prior to March 16,2010. Please identify any missing project-specific information, and organize the missing information by project. Please identify and provide any communication by Rocky Mountain Power to XRG informing XRG that Rocky Mountain Power required more information. If no such communication exists, please state so. REQUEST FOR PRODUCTION NO.8 Reference Answer, ir 10. Please identify any terms and conditions in the draf PPA provided to XRG that needed to be negotiated. Other than the statements in the disclaimer clause, why could XRG not rely on the terms and conditions in the draf PP A as being the Commission-authorized terms applicable to all four XRG projects? Why could XRG not at least rely on the rate strcture in the draf PP A as being applicable to all four XRG projects when XRG requested PP As well in advance of any likely change in published avoided cost rates? REQUEST FOR PRODUCTION NO.9 Reference Answer, FIRST AFFIRMATIVE DEFENSE. Please explain how XRG could execute PP As when Rocky Mountain Power did not provide XRG's requested PP As. Please identify and provide the communcation from Rocky Mountain Power informing XRG that the one PP A provided for one of the four XRG projects should be used for the remaining XRG projects. REQUEST FOR PRODUCTION NO.1 0 Reference Answer, SECOND AFFIRMATIVE DEFENSE. Please explain where Rocky Mountan Power has made available to Idaho QFs a list of "required information" referred to in this affirmative defense. If no such list exists, please provide the communcation from Rocky Mountan Power to XRG explaining the complete list of information XRG needed to provide to perfect its right to PP As, or to enable Rocky Mountain Power to complete standard PP As. REQUEST FOR PRODUCTION NO. 11 Reference Answer, THIRD AFFIRMATIVE DEFENSE. Would Rocky Mountain Power consider action in contradiction with FERC interconnection rules to be bad faith? Would Rocky Mountain Power consider it to be bad faith to refuse to process requests for PP As on the grounds that transmission capacity is perceived to be lacking at a time when Rocky Mountain Power knew, or could reasonably anticipate, that transmission capacity would not be a problem on the proposed online date in the PP As? Page 7 - FIRST PRODUCTION REQUEST OF COMPLAINANTS TO ROCKY MOUNTAIN POWER-PAC-E-IO-08 REQUEST FOR PRODUCTION NO. 12 Does PacifiCorp or any of its afliates consider transmission upgrades that are likely to occur when it commits itself and its ratepayers to utilty-owned generation resources? If so, please explain how Rocky Mountain Power processed XRG's requests for interconnection and PPAs on a nondiscriminatory basis compared to other customers, including utility-owned generation resources. Reference 18 C.F.R. § 292.306(a). REQUEST FOR PRODUCTION NO. 13 Reference Answer, FOURTH AFFIRATIVE DEFENSE. Please explain how Rocky Mountain Power believes that XRG's projects were not sufciently matue when Rocky Mountan Power refused to process XRG's requests for PP As by even providing draft PP As for all projects. Upon what information or belief is this affirmative defense based? REQUEST FOR PRODUCTION NO. 14 Reference Answer, FIFTH AFFIRMTIVE DEFENSE. Please explain how XRG could "bind itself to a legally enforceable obligation prior to March 15,2010" when Rocky Mountain Power denied XRG's request for PPAs for all of the XRG projects. Does Rocky Mountain Power maintain that QFs must draft and submit PP As of their own when Rocky Mountain Power refuses to provide draft PP As or otherwse reasonably negotiate PP As? REQUEST FOR PRODUCTION NO. 15 Reference Answer, SIXTH AFFIRMATIVE DEFENSE. Please explain why XRG is estopped from bringing this complaint. Has the statute of limitations expired to bring a grandfather claim? How is Rocky Mountan Power hared by any perceived delay in filing this complaint? Than you for your prompt attention to ths First Request for Production. Sincerely yours,~ te J. Richardson gory M. Adams RICHARDSON & O'LEARY PLLC Attorneys for Complainant Page 8 - FIRST PRODUCTION REQUEST OF COMPLAINANTS TO ROCKY MOUNTAIN POWER-PAC-E-IO-08 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 3rd day of September, 2010, a tre and correct copy of the within and foregoing FIRST PRODUCTION REQUEST OF XRG-DP-7, XRG-DP-8, XRG-DP-9, XRG-DO-I0, LLCs TO ROCKY MOUNTAIN POWER was served in the maner shown to: Jean Jewell Commission Secretar Idaho Public Utilties Commission 472 W. Washington Boise, ID 83702 j ean.jewell(ßpuc.idaho.gov x. Hand Delivery _U.S. Mail, postage pre-paid Facsimile lL Electronic Mail Mark C. Moench Rocky Mountain Power 201 South Main Street, Suite 2300 Salt Lake City, UT 84111 Mark.moench(ßpacificorp.com _ Hand Delivery LU.S. Mail, postage pre-paid Facsimile lL Electronic Mail Daniel E. Solander Rocky Mountain Power 201 South Main Street, Suite 2300 Salt Lake City, UT 84111 Danel.solander(ßpacificorp.com _ Hand Delivery lLU.S. Mail, postage pre-paid Facsimile lL Electronic Mail Jeffrey S. Lovinger Lovinger Kaufman LLP 825 NE Multnomah, Suite 925 Portland, OR 97232 10vinger(ßLKLaw.com _ Hand Delivery lLU.S. Mail, postage pre-paid Facsimile lL Electronic Mail Kenneth E. Kaufman Lovinger Kaufman LLP 825 NE Multnomah, Suite 925 Portland, OR 97232 Kaufman(ßLKLaw.com _ Hand Delivery iU.S. Mail, postage pre-paid Facsimile lL Electronic Mail By:~ Gre ry M. Adams CHARDSON & O'LEARY PLLC Attorneys for Complainant Page 9 - FIRST PRODUCTION REQUEST OF COMPLAINANTS TO ROCKY MOUNTAIN POWER - PAC-E-l 0-08