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Home My WebLink About20100929XRG 16-22 to PAC.pdfPeter J. Richadson 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~richardsonandolear.com greg(ßrichardsonandolear.com R-E f:.¡;i' \j r. n.. . .... .~i-, '~' ,:.. "-,_,_0' ZOIG SEP 29 PM 3=4 ì Attorneys for Complainants XRG-DP-7, XRG-DP-8, XRG-DP-9, XRG-DP-lO, LLCs BEFORE THE IDAHO PUBLIC UTILITIES COMMISSlON XRG-DP-7, XRG-DP-8, XRG-DP-9, XRG-DP- )10, LLCs, )Complaiants, ) ) ) ) ) ) Case No. PAC-E-I0-08 vs.SECOND PRODUCTION REQUEST TO ROCKY MOUNTAIN POWER PACIFICORP, DBA ROCKY MOUNTAIN POWER, Defendant. Pursuant to Rule 225 of the Rules of Procedure of the Idaho Public Utilities Commission (the "Commission"), XRG-DP-7, XRG-DP-8, XRG-DP-9, XRG-DP-10, 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 October 20, 2010. Pleas refer to XRG's FIRST PRODUCTION REQUEST for instrctions and definitions applicable to ths production request. REQUEST FOR PRODUCTION NO. 16 Please provide Rocky Mountan Power's policy by which the commercial and trading ar of the Company requests information regarding trsmission and requests network resource status from the transmission side of the Company for PP As. If the policy is different for PURP A PPAs or for off-system PPAs, please provide the separate policy(ies). REQUEST FOR PRODUCTION NO. 17 Please explain how the Company's two ars comply with FERC's requirement that the two not communcate regarding tranmission requests. REQUEST FOR PRODUCTION NO. 18 Please explain how the Company complied with the policies discussed in response to production requests 16 and 17 in its negotiations with XRG for the PP As at issue in the Complaint. REQUEST FOR PRODUCTION NO. 19 Reference Rocky Mountain Power's Response to XRG's First Production Request, Atthment XRG 1, Par 2. Please provide the job title and descnption for the followig individuas durng the time frame of the correspondence provided by Rocky Mountan Power. a. John Y ounie b. Bruce Grswold c. Nathalie Wessling d. Chris Papousek e. Jim Portouw f. Daren Heim REQUEST FOR PRODUCTION NO. 20 Did Rocky Mountan Power inform XRG during a telephone conversation on or about November 10,2009, that transmission may be available for all four XRG projects iftheproje.ets.care online on or after June 2011? If so, please identify and provide supportg documents establishing when Rocky Mountan Power first became aware of ths possibility of additional transmission capacity. Page 2 - SECOND PRODUCTION REQUEST OF COMPLAINANTS TO ROCKY MOUNTAIN POWER~PAC-E-I0-08 REQUEST FOR PRODUCTION NO. 21 Reference Rocky Mountain Power's Response to XRG's First Production Reques, Atthment XRG5. a. Please explain how PacifiCorp C&T beame aware of Path C on September 13,2010. b. Please explain when PacifiCorp Transmission fist became aware that Path C would exist. c. Did PacifiCorp Trasmission first becae aware that Path C may provide futue transmission service when it offcially designated it on July 15,2010, or at some ealier date? d. Please provide the policy or intern review process by which PacifiCorp Transsion designtes new transmission paths, such as Path C. Please explain how long the process taes. Please provide a timeline setting fort the cntical steps in designating Path C. e. Please explain whether PacifiCorp Trasmission considers proposed paths in respondig to requests for transmission service. Does PacifiCorp Tranmission provide applicants for transmission service with information about futue upgrades such as Pàth C tht'may afect the applicant's abilty to secure tranmission service? Did PacifiCorp Transmission provide such notice regarding the XRG projects? f. Please explain why it took PacifiCorp C&T alost two months afer designation of Path C to discover Path C as a mean of providing transmission availabilty for the XRG projects. g. Did PacifiCorp C&T have any knowledge of the possibilty of Path C being designated pnor September 13, 2010? Please explain the date and natue of such knowledge. REQUEST FOR PRODUCTION NO. 22 Reference Rocky Mountain Power's Response to XRG's First Production Request, request No. 7. a. Does Rocky Mountan Power admit that it did not provide its descnption of the "patent flaws and omissions in XRG's application matenals" until its September 21,2010 letter? b. If not, please identify and provide the correspondence from Rocky Mountan Power descnbing such "patent flaws and omissions" earlier. c. Is it Rocky Mountain Power's policy in PUR A negotiations to wait approximately 1 year and 8 months (Januar 2009 to September 2010) afer a PP A request to provide Page 3 - SECOND PRODUCTION REQUEST OF COMPLAINANTS TO ROCKY MOUNTAIN POWER ~ PAC-E-l 0-08 Rocky Mountan Power's descnption of the "patent flaws and omissions" in a PURP A PP A application in a maner substatially similar to that attched to the September 21, 2010 letter. d. If not, please explai why Rocky Mountan Power waited approximately 1 year and 8 months to respond to XRG's requests at issue in the Complaint. REQUEST FOR PRODUCTION NO. 22 Reference Answer FOURTH AFFIRMTIVE DEFENSE. Please identify and provide all documents or evidence supporting the assertion that XRG's projects were not sufficiently matue. Than you for your prompt attntion to ths Firt Request for Production. erely yours,~ J. Richardson Gregory M. Adams RICHARDSON & O'LEARY PLLC Attorneys for Complainant Page 4 ~ SECOND PRODUCTION REQUEST OF COMPLAINANTS TO ROCKY MOUNTAIN POWER - P AC-E- 1 0-08 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 29t day of September, 2010, a tre and correct copy of the withn and foregoing SECOND PRODUCTION REQUEST OF XRG-DP-7, XRG-DP- 8, XRG-DP-9, XRG-DO-10, LLCs TO ROCKY MOUNTAIN POWER was served in the maner shown to: Jean Jewell Commission Secreta Idaho Public Utilties Commission 472 W. Washigton Boise, ID 83702 jea. jewell~puc.idaho. gov X- Hand Delivery _U.S. Mail, postage pre-paid Facsimile lL Electronic Mail Mark C. Moench Rocky Mountan Power 201 South Main Street, Suite 2300 Salt Lake City, UT 84111 Mark.moench~pacificorp.com _ Hand Delivery LU.S. Mail, postage pre-paid Facsimile lL Electronic Mail Danel E. Solander Rocky Mountan Power 201 South Main Street, Suite 2300 Salt Lake City, UT 84111 Daniel.solander~acificorp.com _ Hand Delivery X U.S. Mail, postage pre-paid Facsimile lL Electronic Mail Jeffey S. Lovinger Lovinger Kaufman LLP 825 NE Multnomah, Suite 925 Portland, OR 97232 lovinger~LKLaw.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~LKLaw.com _ Hand Delivery iU.S. Mail, postage pre-paid Facsimile lL Electronic Mail By:Ji~ RICHASON & O'LEARY PLLC Attorneys for Complainant Page 5 - SECOND PRODUCTION REQUEST OF COMPLAINANTS TO ROCKY MOUNTAIN POWER ~ PAC-E-I0-08