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Home My WebLink About20050718Motion to compel.pdfPeter J. Richardson ISB 3195 RICHARDSON & O'LEARY PLLC 515 N. 2ih St (83702) PO Box 7218 (83707) Boise, Idaho 8370- Telephone: (208) 938-7900 Fax: (208) 938-7904 peter~ri chrdsonando I eary. com Attorneys for Exergy Development Group of Idaho LLC :ECE\VEO ~:. i E D t~J c"""," t\f1S or112=20 .jUt. ",Jv;.\J r - - 1 \:: .JLU !)l.~~J~ If , , .;; ' 1 \ t "" CUr;rl1:JSIOI1I, L. BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE PETITION OF IDAHO POWER COMPANY FOR AN ORDER) TEMPORARILY SUSPENDING IDAHO POWER'S PURPA OBLIGATION TO ENTER INTO CONTRACTS TO PURCHASE ENERGY GENERATED BY WIND- POWERED SMALL POWER PRODUCTIONFACILITIES CASE NO. IPC-Ef105- MOTION TO COMPEL RESPONSE TO DISCOVERY COMES NOW Exergy Development Group of Idaho LLC ("Exergy ) by and through its attorney of record, Peter J. Richardson, and pursuant to Rule 233 of the Rules of Procedure issued by the Idaho Public Utilities Commission ("Commission ) and hereby moves this Commission for its order compelling Idaho Power Company ("Idaho Power" or the "Company to fully respond to Exergy s First Request for Written Interrogatories and Request for Production of Documents to Idaho Power. In support thereof, Exergy says as follows: EXERGY'S MOTION TO COMPEL - IDAHO POWERS REFUSAL TO RESPOND VIOLATES THIS COMMISSION' RULES RELATING TO CONFIDENTIAL INFORMATION Exergy served production requests and requests for answers to written interrogatories on Idaho Power in the above captioned docket on June 30 2005. In response, Idaho Power timely filed an objection to the following requests for production of documents and written interrogatories: Request for Production of Documents No.2: Please provide all workpapers and other supporting documents used to support the statement that Idaho power has received contacts from developers to pursue new QF projects with a nameplate capacity of 267.5 MW including 193 MW of new wind-powered projects." For each project please provide a copy of its QF certification and any other documentation that may be used do identify said project. Request for Production of Documents No.3: Please provide all supporting documents and workpapers used to support the statement in the Petition at pages 5-6 that "Idaho Power has recently reviewed the bid responses received in the 2005 RFP. The bids received, on average, propose purchase rates of approximately $55.00 per MWh" Interrogatory No.9: How many MW of wind-generation were bid to Idaho Power in response to its 2005 RFP? Interrogatory No.1 0: Please describe the process yet to be completed in the 2005 RFP, for example, is there a short list? How many MW are on the short list? Have the "unsuccessful bidders" reference at the top of page 7 of the Petition been notified of their status? How many unsuccessful bidders are there?; How many MW did the unsuccessful bidders bid into the 2005 RFP? Idaho Power claims the above requests are "protected by a duly authorized confidentiality agreement between Idaho Power Company and certain third parties. . .or by confidential inquiries from potential qualifying power production facilities." That assertion is insufficient to support an objection to respond to discovery. According to Rule 233 of this Commission Rules of Procedure: Whenever any party to a request for discovery believes that material otherwise discoverable is protected by statute or rule of law from inspection, examination or copYing by the general public, the attorney for the party asserting the material is EXERGY'S MOTION TO COMPEL - 2 protected by law from inspection, examination or copying must state that the answer or some portion of it is protected, citing the specific statute or other legal authority for that position. Idaho Power made no such assertion in its objection. The Company cited to no statute or other legal authority supporting its claim to be excused from responding based on confidentiality. Had it cited this Commission to a specific statute or other legal authority, it would likely have cited Rule 67 of the Commission s Rules of Procedure which provides a specific procedure for keeping said confidential information from public exposure. It does not excuse Idaho Power from providing that information, however. Exergy respectfully requests this Commission issue its order compelling Idaho Power to Comply with Rule 67 by responding fully to Exergy s discovery and following the well established procedures for doing so with respect to confidential information. Exergy stands ready to execute a protective agreement as provided for in Rule 67(04). DATED this 18th day of July 2005.RIC~RDSj~& O'~ARY PLLC By ~~Jh Peter J. Richardson Attorneys for Exergy Development Group EXERGY'S MOTION TO COMPEL - 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this day, July 18, 2005, I caused a true and correct copy of the foregoing MOTION TO COMPEL OF EXERGY DEVELOPMENT GROUP OF IDAHO LLC to be served by the method indicated below, and addressed to the following: Ms. Jean Jewell Commission Secretary Idaho Public Utilities Commission POBox 83720 Boise 1083720-0074 ( ) u.s. Mail, Postage Prepaid (X) Hand Delivered ( ) Overnight Mail ( ) Facsimile ( ) Electronic Mail Barton L. Kline Idaho Power Company PO Box 70 Boise ID 83707-0070 ( ) U.S. Mail, Postage Prepaid (X) Hand Delivered ( ) Overnight Mail ( ) Facsimile ( ) Electronic Mail Monica Moen Idaho Power Company PO Box 70 Boise ID 83707-0070 ( ) U.S. Mail, Postage Prepaid (X) Hand Delivered ( ) Overnight Mail ( ) Facsimile ( ) Electronic Mail Scott Woodbury Idaho Public Utilities Commission 424 W Washington Street Boise ID 83702 ( ) U.S. Mail, Postage Prepaid (X) Hand Delivered ( ) Overnight Mail ( ) Facsimile ( ) Electronic Mail s. Mail, Postage Prepaid Richard Storro Director, Power Supply A vista Corporation 1411 East Mission St. PO Box 3727, MSC- Spokane, W A 99220-3727 S. Mail, Postage Prepaid R. Blair Strong Paine, Hamblen 717 West Sprague Ave., Ste. 1200 Spokane, W A 99201-3505 CERTIFICATE OF SERVICE - s. Mail, Postage Prepaid William J. Batt John R. Hammond, Jr. 101 S. Capitol Blvd., Ste. 500 PO Box 1308 Boise, ID 83701 s. Mail, Postage Prepaid Michael Heckler Director of Marketing and Development Windland, Inc. 7669 West Riverside Dr., Ste. 102 Boise, ID 83714 s. Mail, Postage Prepaid Dean J. Miller McDevitt & Miller LLP 420 West Bannock St. Boise, ID 83702 s. Mail, Postage Prepaid Armand Ecker Magic Wind LLC 716-B East 4900 North Buhl, ID 83316 s. Mail, Postage Prepaid Glenn Ikemoto Principal Energy Vision LLC 672 Blair Ave. Piedmont, CA 94166 s. Mail, Postage Prepaid Bob Lively PacifiCorp One Utah Center, 23rd Floor 201 S. Main St. Salt Lake UT 84140 S. Mail, Postage Prepaid Lisa Nordstrom PacifiCorp 825 NE Multnomah, Suite 1800 Portland, OR 97232 S. Mail, Postage Prepaid David Hawk Director, Energy Natural Resources J .R. Simp lot Company 999 Main S Boise, Idaho 83702 S. Mail, Postage Prepaid R. Scott Pasley Assistant General Counsel J .R. Simplot Company 999 Main Street Boise, Idaho 83702 S. Mail, Postage Prepaid William M. Eddie Advocates for the West 1320 W. Franklin St. Boise, Idaho 83702 s. Mail, Postage Prepaid Troy Gagliano 917 SW Oak Street, Ste. 303 Portland, Oregon 97205 CERTIFICATE OF SERVICE - 2