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Home My WebLink About20101227PAC 26-51 to XRG LLCs.pdfLOVIGER I KAUFMA LLP 825 NE Multnomah . Suite 925 Portand, OR 97232-2150 offce (503) 230-7715 fax (503) 972-2921 December 22,2010 Via electronic mail andFirst-Class Mail Jean D. Jewell, Secretar Idaho Public Utilities Commission 472 W Washington Street PO Box 83720 Boise, ID 83720-0074 Re: Case No. PAC-E-IO-08 XRG-DP-7, XRG-DP-8, XRG-DP-9, XRG-DP-lO, LLCs, Complainants, vs. PACIFICORPdba ROCKY MOUNTAIN POWER, Defendant Dear Ms. Jewell: Keneth E. KaufKa&n~.com ..=--i:;oMnN--J ("')~.,,....,,,,~¡ ~ a :;.:J Ç9N.. Enclosed for filing in the above-captioned docket are thee (3) copies of ROCKY MOUNTAIN POWER'S SECOND PRODUCTION REQUEST TO THE XRG LLCs. An extra copy of this cover letter is enclosed. Please date stamp the extra copy and retur it to me in the envelope provided. Than you in advance for your assistance. Sincerely,l! cc: P AC-E-l 0-08 Service List Enclosures f"¡¡l# t: ~ ~:/ Mark C. Moench Danel E. Solander Rocky Mountain Power 201 South Main Street, Suite 2300 Salt Lake City, Utah 84111 Telephone: (801) 220-4014 Fax: (801) 220-3299 mark.moenchc£pacificorp.com daniel.solanderC£pacificorp.com 1um Ot:(' 21 JI"t"l¡ 8- 27... f'..~ .L,t., .. ItH ., '.. . Jeff Lovinger Ken Kaufman Lovinger Kaufann, LLP 825 NE Multnomah, Suite 925 Portland, Oregon 97232 Telephone: (503) 230-7715 Fax: (503) 972-2921 10vingerC£lklaw.com kaufmanC£lklaw.com Attorneys for Defendant Rocky Mountain Power BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION vs. XRG-DP-7, XRG-DP-8, XRG-DP-9, XRG-DP- )10, LLCs, )Complaiants, ) ) ) ) ) ) ) ) Case No. PAC-E-lO-08 PACIFICORP, DBA ROCKY MOUNTAIN POWER, Defendant. ROCKY MOUNTAI POWER'S SECOND PRODUCTION REQUEST TO THE XRG LLCs Pursuant to Rule 225 of the Rules of Procedure of the Idaho Public Utilties Commission (the "Commission"), PacifiCorp, DBA Rocky Mountain Power ("Rocky Mountain Power") hereby requests that XRG-DP-7, XRG-DP-8, XRG-DP-9, XRG-DP- 10, LLCs (collectively "XRG") provide responses to the following with supportng documents, where applicable, as soon as possible, but no later than January 12,2011. Rocky Mountain Power's Second Production Request to XRG 1 This Second Production Request is subject to and incorporates by reference instructions and definitions from ROCKY MOUNTAIN POWER'S FIRST PRODUCTION REQUEST TO THE XRG LLCs. REQUEST FOR PRODUCTION NO. 26 Did XRG or Exergy ever contact Idaho Power Company about sellng output from the XRG projects, or any project that would use the same site (wind) leases as any of the XRG projects? If yes, please explain. REQUEST FOR PRODUCTION NO. 27 Did XRG or Exergy ever contact A vista about sellng output from the XRG projects, or any project that would use the same site (wind) leases as any of the XRG projects? If yes, ple~e explain. REQUEST FOR PRODUCTION NO. 28 Did XRG or Exergy ever contact any potential buyer other than Idaho Power Company, A vista or Rocky Mountain Power about sellng output from the XRG projects, or any project that would use the same site (wind) leases as any of the XRG projects? If yes, please explain. REQUEST FOR PRODUCTION NO. 29 Did XRG and or James Carkulis market the XRG projects to potential investors or joint ventuers in 2009? If so, please provide all marketing materials discussing those projects that were shared with such persons or entities. REQUEST FOR PRODUCTION NO. 30 Did XRG and or James Carkulis market the XRG projects to potential investors orjoint ventuers in 201 O? If so, please provide all marketing materials discussing those projects that were shared with such persons or entities. REQUEST FOR PRODUCTION NO. 31 Did XRG work on aspects of the XRG projects other than the PP A durg 2009? If so please list all milestones (e.g. contracts awarded, engineering completed; permits granted, etc.) related to the XRG projects that occured in 2009. Rocky Mountain Power's Second Production Request to XRG 2 REQUEST FOR PRODUCTION NO. 32 Did XRG work on aspects of the XRG projects other than the PPA during 201O? Ifso please list all milestones (e.g. contracts awarded, engineering completed; permits granted, etc.) related to the XRG projects that occured in 2010. REQUEST FOR PRODUCTION NO. 33 How many projects did Exergy develop to the point it obtained one or more fully executed PPAs with a counterpar in 2008? Please list each project, counterpart, and PP A execution date. REQUEST FOR PRODUCTION NO. 34 How many projects did Exergy develop to the point it obtained one or more fully executed PPAs with a counterpar in 2009? Please list each project, counterpar, and PP A execution date. REQUEST FOR PRODUCTION NO. 35 How many projects did Exergy develop to the point it obtained one or more fully executed PPAswith a counterpar in 20l0? Please list each project, counterpar, and PP A execution date. REQUEST FOR PRODUCTION NO. 36 Please provide the name of all entities that have invested in, or taken an ownership interest in the XRG projects. REQUEST FOR PRODUCTION NO. 37 Does XRG curently have rights to interconnect the XRG projects to Bonnevile Power Administration's (BPA's) system? If yes, did XRG control such rights on December 14, 201O? On March 15, 20l0? On November 10, 2009? On October 2, 2009? On Januar 21, 2009? Please answer separately for each date. REQUEST FOR PRODUCTION NO. 38 Does XRG curently have Firm rights as defined in the transmission service provider's OA IT to deliver all output from the XRG projects across the transmission services provider's system to Rocky Mountain Power at Brady for the full 20-year term requested in the PPAs? If yes, please describe the specific transmission provider(s) and did XRG control such rights on December 14, 201O? On March 15, 20l0? On November 10, 2009? On October 2, 2009? On Januar 21, 2009? Please answer separately for each date. If no, please explain curent status of transmission service request(s) with the transmission services provider(s). Rocky Mountain Power's Second Production Request to XRG 3 REQUEST FOR PRODUCTION NO. 39 What is the earliest date at which firm transmission for the XRG projects to Rocky Mountain Power's system will be available? Please explain. REQUEST FOR PRODUCTION NO. 40 Does XRG seek to deliver and sell 70 MW of net output to Rocky Mountain Power under the PP As sought from Rocky Mountain Power or does XRG seek to deliver and sell 80 MW of net output to Rocky Mountain Power under the PP As sought from Rocky Mountain Power? If 80 MW, when did XRG first make Rocky Mountain Power aware that it seeks to sell 80 MW of net output? Please provide any documentation of such notice. REQUEST FOR PRODUCTION NO. 41 Please describe and provide a one-line diagram of the physical path by which net output from the XRG projects wil be delivered to Rocky Mountain Power's system. Please describe the total transmission capacity on each segment of the path, the available transmission capacity on each segment, and who owns each segment of such path. REQUEST FOR PRODUCTION NO. 42 Please describe what steps XRG must take before it has a legal right to firm transmission (e.g. Firm PTP or Conditional Firm PTP) from the XRG projects to Rocky Mountain Power's system in the amount needed to deliver all net output for the XRG projects. REQUEST FOR PRODUCTION NO. 43 Please refer to XRG's response to Rocky Mountain Power's Production Request 8. Has XRG provided all project schedules (scoping, financing, development, etc.) possessed by Exergy or XRG for the XRG projects, since Januar 21, 2008? REQUEST FOR PRODUCTION NO. 44 Please refer to your response to Rocky Mountain Power Production Request No. 15. Please itemize the expenses listed generally in XRG's response. For each expense, provide the dates when they were incured and XRG's basis for its cost estimate. REQUEST FOR PRODUCTION NO. 45 Please refer to XRG's response to Rocky Mountain Power Request No. 19. If XRG intended to obligate itself to the May 11, 2009 PPA on or before March 12, 2010, why didn't XRG manfest this intent in explicit language (or by tendering such PP As to Rocky Mountain Power) on or prior to March 12, 20l0? Rocky Mountain Power's Second Production Request to XRG 4 REQUEST FOR PRODUCTION NO. 46 Please refer to XRG's Response to Production Request NO.8. Is the January 2009 "Strategic Sale or Parership Opportty" document provided by XRG the latest version of that document? Ifnot, please provide all post-2009 versions. REQUEST FOR PRODUCTION NO. 47 Please refer to XRG's Response to Production Request No.8. Is the Januar 2009 "ExergyBook of Business-Strctured" document provided by XRG the latest version of that document? Ifnot, please provide all post-2009 versions. REQUEST FOR PRODUCTION NO. 48 In the documents provided in response to Production Request No. 46 and Production Request No. 47, above, which projects described therein are the XRG projects subject to this Complaint? REQUEST FOR PRODUCTION NO. 49 Please provide copies of all agreements, correspondence and documentation demonstrating XRG's proof of rights to (1) interconnect to BPA's transmission system, either now or since Januar 21,2008 and; (2) deliver net output across BPA transmission on a long-term firm basis as defined in BP A's OATT to the proposed Point of Delivery with Rocky Mountain Power, either now or since Januar 21, 2008, for the XRG projects. REQUEST FOR PRODUCTION NO. 50 Wil the delivery of net output from the XRG projects to the Point of Delivery with Rocky Mountan Power require any form of a locational swap or exchange of power with the transmission services provider(s) or other utilities? If yes, please explain in detail and provide all communication and documentation with the transmission services provider(s) and/or other utilities on swaps or exchanges. REQUEST FOR PRODUCTION NO. 51 Did XRG ever apply to BP A for Firm transmission for the XRG Projects? What is the curent status of those applications? Rocky Mountain Power's Second Production Request to XRG 5 Than you for your prompt attention to this Second Production Request. Sincerely yours, 5c~ Daniel E. Solander Rocky Mountain Power Jeff Lovinger Ken Kaufman Lovinger Kaufman, LLP Attorneys for Rocky Mountain Power Rocky Mountain Power's Second Production Request to XRG 6 CERTIFCATE OF SERVICE I HEREBY CERTIFY that, on the 22nd day of December, 2010, I served a tre and correct copy of the foregoing ROCKY MOUNTAIN POWER'S SECOND PRODUCTION REQUEST TO THE XRG LLCs in Case No. PAC-E-lO-08 on the following named persons/entities by electronic mail and First-Class Mail: Jean Jewell Commission Secretary Idaho Public Utilities Commission 472 W Washington PO Box 83720 Boise, ID 83720-0074 jean. j ewell(ipuc.idaho. gov secretary(ipuc.idaho. gov Peter J. Richardson Richardson & O'Leary, PLLC 515 N. 27th Street PO Box 7218 Boise, ID 83707 peter(irichardsonandolear.com Mark C. Moench Rocky Mountain Power 201 South Main Street, Suite 2300 Salt Lake City, UT 84111 mark.moench(iacificorp.com Gregory M. Adams Richardson & O'Lear, PLLC 515 N. 2ih Street PO Box 7218 Boise, ID 83707 greg(irichardsonandolear.com Danel E. Solander Rocky Mountain Power 201 South Main Street, Suite 2300 Salt Lake City, UT 84111 daniel.solander(ipacifìcorp.com DATED this 22nd day of December, 2010. LOVINGER KAUFMANN LLP ~~~ Attorney for Rocky Mountain Power