20051031Confidential info accompaniment.pdf

Avista Corp.
1411 East Mission PO Box 3727
Spokane. Washington 99220-3727
Telephone [phone]
Toll Free 800-727-9170
:ECEiVED
c~ !) I f~y1 9:
~~'
'V'STA~
Corp.
1L.
;;U F'UBLIC
"""' '
fl1)i\Lj\~L~)LtJt.'\1"'i! n
October 28, 2005
Scott Woodbury
Idaho Public Utilities Commission
472 W. Washington St.
Boise, ID 83720-0074
RE:A VU-05- 7 / Thompson River Cogen
A vista Corporation hereby submits three copies of its CONFIDENTIAL response to IPUC Staff Data
Request Number 1. Additionally, Avista has included copies of its Certificate and Claim of
Confidentiality Relating to Avista s Response to First Production Request of Staff."
Questions regarding this response should be directed to Bob Lafferty (509-495-4460).
Sincerely,
Mike Fink
Rate Analyst
A vista Utilities
Enclosures
David J. Meyer
Vice President and Chief Counsel for
Regulatory & Governmental Affairs
A vista Corporation
1411 E. Mission Avenue, MSC-
PO Box 3727
Spokane, VV A 99220-3727
[phone]
CEl
, ,, .... ': j j
liP! 9; 36
J r i L lie NJ c~t
:~~,
~if S ION
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
THOMPSON RIVER CO-GEN, a
Colorado Company,
Complainant
vs.
VISTA CORPORATION, a
Washington Corporation,
Respondent.
) CASE NO. A VU-E-05-
CERTIFICATE AND CLAIM OF
CONFIDENTIALITY RELATING TO
A VISTA'S RESPONSE TO FIRST
PRODUCTION REQUEST OF STAFF
, David J. Meyer, represent Avista Corporation in this proceeding. I make this
certification and claim of confidentiality pursuant to IDAPA 31.01.01.067 and
31.01.01.233.
As a response to Staff Production Request No., Avista Corporation
A vista" or "Company ) is disclosing pursuant to the Protective Agreement Between
A vista Corporation. and Idaho Public Utilities Commission Staff executable data input
and output files related to AURORA software.
The license agreement between Avista Corporation and EPIS, Inc.
represents that the AURORA software is the proprietary property and trade secret of
CERTIFICATE AND CLAIM OF CONFIDENTIALITY-
EPIS, Inc. and embodies substantial creative efforts and confidential information, ideas
and expressions. A vista is authorized by the license agreement to operate the AURORA
software subject to an obligation to keep such software confidential. Based upon the
license agreement, I am of the opinion that the AURORA software is a "Trade Secret" as
defined by Idaho Code Sections 9-340D and 48-801 and therefore is protected by law
from public disclosure.
I am informed that embedded within the data tiles associated with the
AURORA software are forecasted electric load estimates as measured over various
duration of time, electric load shapes as measured over various durations of time, the
Company s assumptions regarding forecasted fuel for obligations to purchase and sell
electricity.I am also informed that such information represents a comprehensive
compilation of the Company s competitive position in the electric energy market in
western North America and would be extremely useful to competitive buyers and sellers
of electric power in western North America. Further, I am informed that the information
furnished as a response to Staff Production Request No.1 includes an AURORA model
run, and attached results. Based on this information, I am of the opinion that the
compilation in the response to Staff Production Request No.1 is a "Trade Secret" as
derIDed by Idaho Code Sections 9-340D and 48-801 and, therefore is protected by law
from public disclosure.
In response to Staff Production Request Nos. 1 Avista is disclosing
pursuant to the Protective Agreement Between A vista Corporation and Idaho Public
Utilities Commission Staff forward price curve data for the months of January 2007
CERTIFICATE AND CLAIM: OF CONFIDENTIALITY - 2
through December 2026 which is contained on computer diskettes ("Confidential
Diskettes ) marked with the following:
STAFF DR. NO. I(c)
THE INFORMATION ON THIS DISKETTE
IS CLASSIFIED
TRADE SECRETIPROPRIETARY
AND IS PROTECTED
UNDER IDAPA 31.01.01.067 AND 31.01.233.
I am advised that contained within ihe Confidential Diskettes is a forward
projection by A vista of future electric power prices for the forward months of January
2007 through December 2026. From such projection, it would be possible to derive
A vista s methodology used to derive its projections of future power prices ("forward
price curves ). Such would be extremely useful to competitive buyers and sellers of
electric power in western North America who also develop their own proprietary forward
price curves upon which, in part they base their buying and selling decisions. Based on
this information, I am of the opinion that the compilation in the responses is a "Trade
Secret" as defined by Idaho Code Sections 9-340D and 48-80 I and, therefore is protected
by law from public disclosure.
The Company herein asserts that the foregoing executable data input and
output files related to AURORA software contained on the Confidential Diskettes and the
forward price curve information contained on the Confidential Diskettes are proprietary
and confidential information and should be protected ftom public inspection, examination
and copying, and should be utilized only in accordance with the terms of the
PROTECTIVE AGREEMENT BETWEEN A VISTA CORPORATION AND IDAHO
.'.' ..,.., " "., . . , .. . .. ,._.. ,
PUBLIC UTILITIES COMMISSION STAFF, entered on or about October 26, 2005.
CERTIFICATE AND CLAIM OF CONFIDENTIALITY - 3
RESPECTFULLY SUBMITI'ED this day of October 26, 2005.
fI / I j1-
Dav eye
Vice President, Chief Counsel For
Regulatory and Governmental Affairs
..--....,. .. .,.. .. , ... """".... - ...., ,..' -"'.. .., - .. _.. .... ..., , , , , ...., ' .
CERTIFICATE AND CLAIM: OF CONFIDENTIALITY - 4
,...,-......,.._,.,-,_..,--_..,.......
CERTIFICATE OF SERVICE
ST ATE OF VV ASHINGTON )
: ss.County of Spokane
R. BLAIR STRONG, being first duly sworn on oath, deposes and says:
That I am now and at all times herein mentioned was a citizen of the United States
and a resident of the State of Washington, , over the age of 18 years, not a party to this
action; that on October 24, 2005, I personally caused to have served a copy of
CERTIFICATE AND CLAIM OF CONFIDENTIALITY RELATING TO A VISTA'
SUPPLEMENTAL RESPONSE TO STAFF PRODUCTION REQUEST NO.1 as
follows in the above-entitled action:
J can Jewell
Commission Secretary
472 W. Washington
Boise, In 83702-5983
Facsimile: 208-334-3762
s. Mail
Hand Delivery
Facsimile
Federal Express
Peter J. Richardson, ISB# 3195
Richardson & O'leary PLLC515 N. 27th Street
Boise, ID 83702
Facsimile: 208-938-7904
s. Mail
Hand Delivery
mail
Federal Express
Mike Uda
Doney, Crowley, Blumquist, Payne & Uda
Suite 200
Diamond Block
Helena, MT 59601
XX-- U.S. Mail
Hand Delivery
Mail
Overnight Mail
Scott Woodbury
47 West Washington Street
PO Box 83720
Boise, Idaho 83720-0074
S. Mail
Hand Delivery
XX- E-Mail
Federal Express
'/?
R Blair Strong
, ...,...
~Ulllr!l/~ SI~"NRk M1~~RN TO before me this 24th day of September, 2005.
;y,; """"~"'~. ~ ,' "'
011
' ,
~.1
~~ '
" v;. ~"'I'&,~~',J I
~ '. ,-
0::-f I
~"~"
i~~~V/LM
PU8L\t. NOTARY PUBLIC in and for the State of
\~"
i! rt$/~Y Washington, residing in Spokane.~""J"~" 20. ~fa-' ~
?~
""htJ
""""
'\w.
'"
onumsslon xplfes: -,c;;7 ~vv-,
'1/ , I ~ ta"
'!\\\\'\
11111'1I1l1U"\'\~
,..,
CERTIFICATE AND CLAIM OF CONFIDENTIALITY - 5