20171129U-170970 - ICNU Fifth Set of Data Requests.pdf

TEL [phone] ● FAX [phone] ● [e-mail] Suite 400 333 SW Taylor
Portland, OR 97204
November 13, 2017 Via Electronic Mail
David J. Meyer, Esq. Patrick D. Ehrbar Avista Corporation PO Box 3727 1411 E. Mission Ave, MSC 27
Spokane, WA 99220-3727 [e-mail] [e-mail]
Re: WUTC v. Avista Corporation Docket U-170970 Dear Mr. Meyer and Mr. Ehrbar:
Enclosed please find the Industrial Customers of Northwest Utilities’ (“ICNU”) Fifth Set of Data Requests to Avista Corporation (“Avista”) in the above-referenced matter. Avista has ten business days to respond to these Data Requests. Please provide your responses by no later than November 28, 2017.

Thank you for your attention to this matter. If you have any questions, please do not hesitate to call. Sincerely,

/s/ Haley M. Thomas Haley M. Thomas
cc: U-170970 Service List

PAGE 1 – ICNU’S FIFTH SET OF DATA REQUESTS TO AVISTA
DAVISON VAN CLEVE, P.C. 333 S.W. Taylor, Suite 400 Portland, OR 97204 Telephone: [phone]
BEFORE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION
WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION,
Complainant,

Respondent.

FIFTH SET OF
AVISTA
Dated: November 13, 2017
Please provide responses to these Data Requests by November 28, 2017. DATA REQUESTS
0079 In response to ICNU Data Request (“DR”) 059(b), Avista provided an example of a
Termination Fee related to Hawaiian Electric:
a. Please confirm that, in the Hawaiian Electric example, the Termination Fee was paid by the company that was the buyer, not the utility being acquired.
b. If Avista does not confirm in response to subpart (a), please explain.
c. Please provide examples of any mergers where the utility being acquired paid a
Termination Fee.
0080 Refer to Thies, Exh. MTT-1T at 28:4-15. Please explain how Avista understands the difference between: a) the roles and responsibilities of an “Independent Director”; and b) a holder of a “golden share,” as used in ring-fencing conditions filed before the Public Utility Commission of Oregon (“OPUC”) (see, e.g., Re Northwest Natural Gas Company,
OPUC Docket No. UM 1804, Stipulation, Att. A at 1, 6-7 (Aug. 11, 2017) (available at: http://apps.puc.state.or.us/edockets/docket.asp?DocketID=20531).

PAGE 2 – ICNU’S FIFTH SET OF DATA REQUESTS TO AVISTA
DAVISON VAN CLEVE, P.C. 333 S.W. Taylor, Suite 400 Portland, OR 97204 Telephone: [phone]
0081 Refer to the Company’s response to ICNU DR 047:
a. Please confirm that the subsidiaries under Olympus Holding Corp. will be only
those listed in the Joint Application, Appendix 1 at 2;
b. If Avista does not confirm in response to subpart (a), please explain; and
c. Is it Avista’s contention that creditors of Hydro One have no recourse or claim on Hydro One assets held or incorporated in the US?
0082 Refer to the Company’s response to ICNU DR 052 and ICNU_DR_052(AVA)
Attachment A. Please provide all workpapers and analysis made available to Avista, in
association with or related to ICNU_DR_052(AVA) Attachment A.