200405103rd Request of Potlatch to Avista.pdf

Conley E. Ward (ISB No. 1683)
GIVENS PURSLEY LLP
601 W. Bannock Street
O. Box 2720
Boise, ID 83701-2720
Telephone No. [phone]
Fax No. [phone]
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Attorneys for Potlatch Corporation
S:\CLIENTS\S4\Potialch 3rd Disc Reg 10 Avista.DOC
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF A VISTA CORPORATION FOR THE
AUTHORITY TO INCREASE ITS RATES
AND CHARGES FOR ELECTRIC AND
NATURAL GAS SERVICE TO ELECTRIC
AND NATURAL GAS CUSTOMERS IN THE
STATE OF IDAHO.
Case Nos. A VU-04-
A VU-04-
POTLATCH CORPORATION'
THIRD SET OF DISCOVERY
REQUESTS TO A VISTA
CORPORATION
YOU WILL PLEASE TAKE NOTICE that Potlatch Corporation ("Potlatch"), requests
that A vista Corporation ("A vista ) answer the following discovery requests in accordance with
the Idaho Public Utilities Commission s Rules of Procedure.
Definitions and Instructions
The interrogatories and document requests are governed by the following definitions and
instructions:
DEFINITIONS
You
" "
your" or "A vista" means or pertains to the named respondent in this
matter and includes, without limitation, A vista, its officers, directors, employees
agents, attorneys, corporate subsidiaries and affiliates
POTLATCH CORPORATION'S THIRD SET OF DISCOVERY REQUESTS TO A VISTA
CORPORATION - Page 1 of 9
ORIGINAL
Persons" means any and all natural persons, corporations, businesses, firms
companies, partnerships, unincorporated associations, governmental or public
agencies, joint ventures and all other entities, including, without limitation, all
employees, representatives, consultants and agents of any of the foregoing.
Documents" means any and all written, electronic or graphic matter, of any kind
or description, however created, produced, reproduced or stored, whether sent or
received, or whether originals, copies or drafts, including, but not limited to
every side of every page of all letters, papers, books, correspondence, bulletins
circulars, instructions, telegrams, cables, telex messages, facsimiles, memoranda
notes, notations, work papers, transcripts, minutes, reports, recordings of notes or
meetings, conferences, interviews or telephone or other conversations, affidavits
statements, summaries, opinions, studies, analyses , evaluations, work sheets
contracts, agreements, journals, statistical records, desk or pocket calendars
appointment books, diaries, lists, tabulations, advertisements, sketches, drawings
blue prints, catalogs, audio or video records, photographs, computer printouts, e-
mail transmissions, data processing input and output, deeds, microfilm, all other
records kept by electronic, photographic or electrical means, and things similar to
any of the foregoing however denominated.
Relating to" or "Relate(s) to" means directly or indirectly mentioning, consisting
, evidencing, describing, referring to, pertaining to, being connected with, or
reflecting upon the stated subject matter.
The words "any" and "all" shall be considered to include each and every.
POTLATCH CORPORATION'S THIRD SET OF DISCOVERY REQUESTS TO A VISTA
CORPORATION - Page 2 of 9
The singular of any word shall include the plural and the plural of any word shall
include the singular.
The word "expert" as used herein includes any person who will be offering expert
testimony on behalf of A vista or who has been consulted or relied upon by any
person who assisted in the preparation of the responses to these interrogatories
and document production requests or who will be offering testimony on behalf of
A vista in this matter.
Instructions
In answering these interrogatories and document requests, you are required to furnish all
information that is available to you, or subject to your reasonable inquiry, including the
information in the possession of you, your attorneys or other persons directly, or indirectly
employed by, or connected with, you or your attorneys, and anyone else other wise subject to
your control. In answering each interrogatory and document request:
Identify by title, heading or caption, date, sender, recipient, location and
custodian, each document relied upon, reviewed or which forms a basis for the response given or
which corroborates or relates to the response given or the subject of what is given in response to
these discovery requests;
State whether the information furnished is within the personal knowledge of the
person responding and, if not, the name, if known, of each person to whom the information is a
matter of personal knowledge;
Identify each person who assisted or participated in preparing and/or supplying
any of the information given in response to or relied upon in preparing responses to these
discovery requests;
POTLATCH CORPORATION'S THIRD SET OF DISCOVERY REQUESTS TO A VISTA
CORPORATION - Page 3 of9
Where a discovery request calls for a response in multiple parts, each part should
be separated in the response so that the response is clearly understandable and complete;
Where the name or identity of a person is requested, state the full name, business
address, and any telephone numbers of each person;
If any of your responses require the production of documents, label the documents
to indicate the discovery request to which you are responding.
If you object to the production of any document called for in these document
requests, for each such document state the following: (1) the reasons for the objection and any
facts supporting the objection; (2) give a description of each document including, without
limitation, the date, sender, recipient(s), persons to whom copies have been furnished, job titles
of each of the persons, subject matter of the document, number of pages of the document, the
number(s) ofthe request to which such document is responsive and the identity ofthe person in
whose custody the document is presently located.
If any document is withheld under claim of privilege or work product, furnish a
list identifying each document for which the privilege or work product is claimed, together with
the following information for each such document: date, sender, recipient(s), persons to whom
copies were furnished, job titles of each of those persons, subject matter of the document
number of pages of the document, the bases on which the privileges or work product is claimed
the paragraph(s) of these requests to which the document responds, the person in whose custody
the document is presently located, and whether any matter that is not privileged or is not work
product is discussed or mentioned in each document.
If any document requested was, but is no longer in the possession or subject to the
control of A vista, or is no longer in existence, state whether it: (1) is missing or lost; (2) has
POTLATCH CORPORATION'S THIRD SET OF DISCOVERY REQUESTS TO A VISTA
CORPORATION - Page 4 of 9
been destroyed; (3) has been transferred voluntarily or involuntarily to others and state the
identity of the persons to whom it has been transferred; (4) has otherwise been disposed of, or in
each instance explain the circumstances surrounding such disposition, state the date or
approximate date thereof and the identity of the persons with knowledge of such circumstances;
(5) identify the documents that are missing, lost, destroyed, transferred or otherwise disposed of
by author, date, subject matter, addressee(s), and the number of pages.
If you do not clearly understand, or have any questions about, these definitions
instructions interrogatories or requests, contact counsel for Potlatch promptly for clarification.
These discovery requests are continuing in nature and require supplemental
responses upon the discovery or receipt of new or additional information.
REQUEST NO. 58: Please provide all documentation necessary to establish that each
physical and financial natural gas transaction listed in Exhibit 7, Schedule 21 complied with all
volumetric, open position, term length, and signature and approval provisions contained in the
Energy Resources Risk Policy.
REQUEST NO. 59: For the transactions listed in Exhibit 7, Schedule 21 , please provide
the A vista documents maintained during and after the transactions to ensure that Risk Policy
measures were complied with, including actual signatories to each transaction prior to the time
the transaction was made.
REQUEST NO. 60: Why were natural gas purchases indexed to a Malin NGI Index
rather than alternative locations, such as Sumas, Opal (Rockies), Stanfield, Kingsgate or Coyote
Springs? Please provide all details, documents and notes supporting each Malin-indexed
purchase and the justification thereof.
POTLATCH CORPORATION'S THIRD SET OF DISCOVERY REQUESTS TO A VISTA
CORPORATION - Page 5 of 9
REQUEST NO. 61: Why were the natural gas financial trades entered into for 36
months and 17 months settled on NGI prices at Malin as opposed to some other Pacific
Northwest or Rockies' location? Please provide all details , documents and notes supporting each
financial trade and the justification thereof.
REQUEST NO. 62: Please provide all information, studies, analyses, and all supporting
documents developed prior to the time of the transactions by Avista that supports the conclusion
that Avista Utilities should "fix the price for CS2 supply" (Exh. 7, Sch.21 page 9).
REQUEST NO. 63: Name the individual or individuals making the original
recommendation to fix the price for CS2 supply and provide a detailed explanation and
documentation of the analyses undertaken in recommending the 36 month and 17 month
financial positions.
REQUEST NO. 64: In entering the fixed for floating swaps in April and May 2001
was A vista Utilities betting that natural gas prices in subsequent months were going to rise?
Please explain and provide all documentation relied upon for any price view taken and provide
all supporting natural gas price forecasts relied upon.
REQUEST NO. 65: In entering the fixed for floating swaps in April and May 2001
was Avista Energy betting that natural gas prices in subsequent months were going to fall?
Please explain and provide all documentation relied upon for any price view taken and provide
all supporting natural gas price forecasts relied upon.
REQUEST NO. 66: Please indicate whether the financial settlement gains realized by
A vista Energy from the fixed for floating swaps with A vista Utilities were used to offset PCA
balances.
POTLATCH CORPORATION'S THIRD SET OF DISCOVERY REQUESTS TO A VISTA
CORPORATION - Page 6 of 9
REQUEST NO. 67: Please explain the exact, detailed accounting for the financial
settlement gains realized by A vista Energy from the fixed for floating swaps with A vista
Utilities.
REQUEST NO. 68: Please list and provide all details of all other fixed for floating
swaps entered into by either Avista Utilities or Avista Energy from January 1 2000 to date.
REQUEST NO. 69: Please indicate whether any other party served as a sleeve for
financial transactions between A vista Utilities and A vista Energy and, if so, identify the party.
REQUEST NO. 70: Please indicate whether A vista Energy served as a sleeve for
financial transactions between Avista Utilities and any another party.
DATED this 10th day of May 2004.
Conley E. W r
GIVENS PURSLEY LLP
Attorneys for Potlatch Corporation
POTLATCH CORPORATION'S THIRD SET OF DISCOVERY REQUESTS TO A VISTA
CORPORATION - Page 7 of 9
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 10th day of May 2004, I caused to be served a
true and correct copy of the foregoing document by the method indicated below, and
addressed to the following:
Jean Jewell
Idaho Public Utilities Commission
472 W. Washington Street
O. Box 83720
Boise, ID 83720-0074
) U.S. Mail
( J) Hand Delivered
( ) Overnight Mail
) Facsimile
Scott Woodbury
John Hammond
Idaho Public Utilities Commission
472 W. Washington Street
O. Box 83720
Boise, ID 83720-0074
swoodbu(0puc. state. id.
jhammon(0puc.state.id. us
) U.S. Mail
(v') Hand Delivered
) Overnight Mail
) Facsimile
( ) E-Mail
David J. Meyer
Senior Vice President and General Counsel
A vista Corporation
O. Box 3727
1411 E. Mission Ave., MSC-
Spokane, W A 99220-3727
da vi d.m eyer(0a vistacorp. corn
( J) u.S. Mail
( )
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) Overnight Mail
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( ~ E-Mail
Kelly Norwood
Vice President, State and Federal Regulation
A vista Utilities
O. Box 3727
1411 E. Mission Ave., MSC-
Spokane, W A 99220-3727
kelly.norwood(0avistacorp.com
(jJ u.S. Mail
( )
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) Overnight Mail
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( JJ E-Mail
Dennis E. Peseau, Ph.
Utility Resources, Inc.
1500 Liberty Street SE, Ste. 250
Salem, OR 97302
dpeseau(0excite.com
(J) U.S. Mail
( )
Hand Delivered
) Overnight Mail
) Facsimile
) E-Mail
POTLATCH CORPORATION'S THIRD SET OF DISCOVERY REQUESTS TO A VISTA
CORPORA TION - Page 8 of 9
Charles LA. Cox
EVANS, KEANE
111 Main Street
O. Box 659
Kellogg, ID 83837
ccox(0usamedia. tv
J) u.S. Mail
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) Overnight Mail
( ) Facsimile
) E-Mail
( JJ u.S. Mail
( )
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( ) E-Mail
( vf U.S. Mail
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( ) Facsimile
( ) E-Mail
Brad M. Purdy
Attorney at Law
2019N. 17th Street
Boise, ID 83702
bm purdy(0hotmail. corn
Michael Karp
147 Appaloosa Lane
Bellingham, W A 98229
michael(0awish.net
POTLATCH CORPORATION'S THIRD SET OF DISCOVERY REQUESTS TO AVISTA
CORPORATION - Page 9 of 9