20150424Comments.pdf

NEIL PRICE
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-007 4
[phone]
BAR NO. 6864
Street Address for Express Mail:
472W. WASHINGTON
BOISE, IDAHO 83702-5918
Attorney for the Commission Staff
I
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
ROCKY MOUNTAIN POWER FOR APPROVAL
OF A TRANSACTION TO CLOSE DEER
CREEK IVTINE AND FOR A DEFERRED
ACCOUNTING ORDER.
CASE NO. PAC-E.14.10
COMMENTS OF THE
COMIVIISSION STAFF
COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its
attorney of record, Neil Price, Deputy Attorney General, and in response to the Notice of
Modified Procedure and Notice of Scheduling issued in Order No. 33221 on February 6,2014, in
Case No. PAC-E-14-10, submits the following comments.
BACKGROUND
On December 15, 2014, PacifiCorp dba Rocky Mountain Power ("Rocky Mountain" or
"Company") filed an Application with the Idaho Public Utilities Commission ("Commission"),
pursuant to ldaho Code 5 6I-328, for approval of a transaction to close the Deer Creek Mine
located near Huntington, Utah, and for a deferred Accounting Order. The Company attached the
direct testimony of several witnesses, Cindy A. Crane, Seth Schwartz, and Douglas K. Stuver, to
its Application.
STAI]F COMMENTS APRIL 24,2015
The mine is currently operated by Energy West Mining Company ("Energy West"), a
wholly owned subsidiary consolidated with PacifiCorp for regulatory purposes. This Application
is filed by PacifiCorp, on its own and on behalf of Energy West.
STAFF REVIEW
Staff has reviewed the Company's Application and testimonies of the Company's
witnesses, including the accompanying exhibits. Additionally, Staff evaluated the impacts the
proposed transactions would have on customers. Staff s review focused on the escalating labor
costs of the Deer Creek Mine, the labor negotiations with the United Mine Workers of America
(UNIWA) union, the closure of the Deer Creek Mine, and the sale of mining assets to Bowie.
Each element of Staffls review is discussed in greater detail later in these comments.
The Company has been negotiating with the United Mine Workers of America (UMWA)
since 2012. Previously, Energy West had serious problems with cost containment, including
pension costs, medical costs, and the ability to use contractors as needed. This round of
negotiations was very contentious with the union beginning to advertise in the local community to
gain support. The Company and the UN{WA reached a partial labor settlement on October 31,
2014, but that settlement did little to limit the escalating cost of the Deer Creek Mine.
Due to the rising costs of running the Deer Creek Mine, the Company solicited ideas to
remove itself from mining operations. In20I3, the Company received three offers. The first was
from Westmoreland to purchase both the Deer Creek Mine as well as the Bridger Coal Mine.
This would have resulted in a loss in both the sale of the assets as well as a loss in the purchase of
coal. This deal also did not limit the liability due to the collapsing pension plan.
The second offer was from Monarch. This deal was also for both the Deer Creek Mine
and the Bridger Coal Mine. While this deal limited the liability from the collapsing pension plan
and had less of a loss for the purchase of coal going forward, the loss on the assets was greater.
The third offer was from Murray. This deal was also for both the Deer Creek Mine and
the Bridger Coal Mine. This deal also limited the liability due the collapsing pension plan. The
offer for the Bridger Coal mine was a significant loss, but the loss for the Deer Creek Mine was
limited and the Company did consider a counter offer for just the Deer Creek Mine portion.
Staff concurs with the Company that all three previous offers had fewer benefits to
customers than the deal ultimately struck with Bowie Resource Partners (Bowie).
STAFF COMMENTS APRIL 24,2015
Standards of Review and Executive Summary
The applicable standards of review when property is sold are set forth in ldaho Code
$ 61-328. Idaho Code * 6l-328 provides that "No electric public utility...shall merge, sell, lease,
assign or transfer, directly or indirectly, in any manner whatsoever, any such property or interest
therein...except when authorized to do so by order of the public utilities commission." More
specifically, this statute requires that the Commission make three specific findings:
a) That the transaction is consistent with the public interest;
b) That the cost of and rates for supplying service will not be increased
by reason of such transaction; and
c) That the applicant for such acquisition or transfer has the bona fide
intent and financial ability to operate and maintain said property in the
public service.
That the transaction is consistent with the public interest
Staff agrees with the Company that the proposed sale transaction is the best way to limit
the increasing costs of the Deer Creek Mine, due to both the increased costs from the pension plan
and the decrease in coal quality from the mine. In addition, the Deer Creek Mine coal supplies
are expected to be depleted in2Ol9. The new coal supply contract would extend for fifteen years
and provide a reliable supply with steady coal prices. The contract is effective for an additional
ten years beyond the expected depletion of the reserves at the Deer Creek Mine. Staff believes
these benefits and therefore the sale transaction are in the public interest.
That the cost of and rates for supplying service will not be increased by reason of such transaction
The costs of coal for the Huntington plant were increasing regardless of the actions taken
by the Company. The pension contribution increase alone would raise the cost of coal from the
Deer Creek Mine. However, if the same base and monthly costs in the 2OI4 ECAM period
(December 2013 to November 2Ol4) were used, the costs of purchasing coal from Bowie would
have been approximately $254,000less on a Company-wide basis than mining coal from the Deer
Creek Mine. Part of this is because the Company will no longer be responsible for the
preparation plant and blending coal. The proposed transaction should not be a driver for
increasing costs and therefore would not increase rates to customers above what they would have
been otherwise.
STAFF COMMENTS APRIL 24,2015
That the applicant for such acquisition or transfer has the bona fide intent and financial ability to
operate and maintain said property in the public service
Staff interprets this requirement as it applies to this transaction to mean that the new
owner, Bowie Resource Partners, has the ability to provide the coal needed for operation of the
Huntington power plant.
Bowie Resource Partners is the largest western coal provider, with four mines producing
about 13 million tons of coal annually. Three of those mines are in Utah: Dugout, Skyline, and
Sufco. [n addition to these mines, as part of the transaction, Bowie Resource Partners has gained
access to another mine, Fossil Rock. Staff agrees that Bowie has sufficient capacity to fulfill the
contract for the entire term.
Summary
Staff agrees with the Company's proposal to close the Deer Creek Mine and sell the
Mining Assets to Bowie because it results in a lower cost option than continuing to invest in and
operate the Deer Creek Mine through2019. Staff recommends that the Commission find the
Company's decision to consummate the sale to be prudent and in the public interest.
The transaction for which approval is requested in this case consists of several sections:
1. The closing of the Deer Creek Mine
2. The execution of an additional coal contract with Bowie
3. The sale of assets to Bowie
4. The settlement of the Retiree Medical Obligation
5. The withdrawal from the UMWA 1974 Pension Trust
6. Ratemaking treatment
Closing of Deer Creek Mine
The only way for the Company to withdraw from the UMWA 1974 pension is to stop
mining operations at the Deer Creek Mine. This will leave stranded assets of [This section of
StafPs comments contains confidential informationl and incur closure costs of
See Confidential Attachment A.
I
STAFF COMMENTS APRIL 24,2015
Coal Contract with Bowie Resource Partners
With the closure of the Deer Creek Mine, the Company must find a different source of
coal for the Huntington and Hunter power plants. Bowie bought Canyon Fuel Company from
Arch Coal in20l3. Since then Bowie has been providing the coal previously provided by Canyon
Fuels for the Hunter power plant. The Company has entered into an additional l5-year Coal
Supply Agreement with Bowie to replace the coal provided by the Deer Creek Mine.
Sale of Assets to Bowie Resource Partners
The Company has agreed to sell the preparation plant as well as the central warehouse
property to Bowie. This will allow the Company to avoid the costs of blending coal for the
Hunter power plant, reduce the inventory being held, and eliminate the liabilities for the
reclamation and other retirement obligations of those assets. See Confidential Attachment A.
The Company is also transferring other assets to Bowie. The Company will transfer the
Trail Mountain Mine, and Bowie will assume all reclamation and other retirement obligations.
The Company will also transfer the Fossil Rock Mine to Bowie. This mine has never been
included in Idaho rates and therefore its transfer has no impact on Idaho rates.
Retiree Medical Obligation
As part of the settlement with the UMWA, the Company transferred its Retiree Medical
Obligation to the UI-/IWA. This required the Company to transfer $150 million from its trust to
the UMWA's trust in exchange for UMWA assuming the Retiree Medical Obligation. This was a
savings from the expected liability amounts in the future. Settlement accounting under GAAP
requires that the Company accelerate recognition of a portion of the remaining unrecognized
actuariallosses.Theresultingestimatedsettlementlossoffrepresentsrecognized
accelerated actuarial losses that would have otherwise been amortized as Financial Accounting
Standards (FAS) 106 expenses. For this reason, Staff believes it is appropriate to defer the
settlement loss for future recovery.
UMWA 1974 Pension Trust
Energy West is obligated to make contributions to the 1974 Pension Trust, a multi-
employer pension plan in which assets are pooled so that contributions by one employer are used
STAFF COMMENTS APRIL 24,2015
to provide benefits to employees of other participating employers. If an employer ceases
participation in the plan, the employer is obligated to pay a withdrawal liability based on the
participants' unfunded vested benefits in the plan. Currently, Energy West contributes $5.50 per
hour worked for all UMWA employees employed prior to January I,2012. The standard wage
rate for the highest-paid UMWA employee as of July 1, 2011 was $25.42 per hour, so the current
contribution is greater than2OTo of the regular payroll rate.
The financial condition of the 1974 Pension Trust has deteriorated dramatically over the
last several years. As of the last valuation on June 30,2013 (the latest information available at
the time the Company filed its Application), the trust was underfunded by $5.5 billion. After
filing its Application, the union's actuaries completed a new valuation of the Pension Trust, and
the financial condition of the trust improved slightly, though continues to remain critically
underfunded by $a.4 billion. The underfunding is the deficit between the market value of the
assets and the present value of the vested benefits. Because of the financial status of the pension
trust, all participating employers will be required to increase their contribution rates to the plan in
2017. The current contribution rate of $5.50 per hour worked will more than double to a new
contribution rate of $13.20 per hour worked in2OI7, and continually increase to a rate of $26.00
per hour worked by 2022. At such a high contribution rate, the pension costs alone would add
$7.00 per ton to the price of coal at the average UIvtWA mine, causing most UMWA mines to be
uneconomical and be forced to close.
If a mass withdrawal of participating employers occurs, the unfunded obligations of the
plan will be borne by the remaining participating employers, including any employers that have
withdrawn within the previous three years. Furthermore, to the extent that a participating
employer defaults on its obligation to the plan, the remaining employers may be allocated a share
of the defaulting employer's obligation for the unfunded vested benefits. The only way to limit
future financial obligations to the 1974 Pension Trust is to withdraw from the plan. The only
options for a withdrawal are bankruptcy or cessation of contributions to the plan, which would
occur upon the last hour being worked by the Company's UN/[WA workforce, which can be only
accomplished by either sale or closure of the mine. At that time, Energy West will be obligated to
pay a withdrawal liability equal to its proportionate share of the unfunded vested benefits as of the
last valuation date. At the time the Company filed its Application, the projected withdrawal
liability was approximately $126 million. Improved market conditions over the last year have
6STAI]F COMMENTS APRIL 24,20T5
decreased the withdrawal liability to approximately $97 million, however, the exact amount of the
withdrawal liability will not be known until the mine is officially sold and the last UMWA hour
has been worked.
The Company's current contributions, in aggregate, total approximately $3 million per
year. These contributions are included in Energy West's operating costs, which are charged to the
Company's fuel expense and are included in the Company's base Net Power Supply Costs. If
Energy West were unable to sell or otherwise close the mine, customers would pay for the
increased costs through the Company's annual Energy Cost Adjustment Mechanism (ECAM).
The Company is proposing to continue to recover the ongoing $3 million annual payment
already included in rates. The Company would defer the estimated Il accounting loss
associated with the withdrawal liability. Because the $3 million would only cover the interest on
the withdrawal liability, neither the regulatory asset nor the withdrawal liability would be reduced
over time at current rates. At some future date, when the plan terminates or the accrual of future
benefits is frozen, this liability and associated asset would be quantified and amortized.
Alternatively, if the Company is successful in negotiating a one-time pre-payment of the annual
installments that is more economical to customers, the Company proposes that the amount of the
pre-payment be deferred until the next rate case, at which point the Company can request
recovery of that deferred amount.
Ratemaking Treatment
Net Power Costs
The Company currently recovers the cost of coal from the Deer Creek Mine to fuel the
Hunter and Huntington plants through net power costs (NPC) embedded in base rates. The
amount recovered is adjusted annually through the ECAM so that customers pay no more or no
less than the actual cost subject to a symmetrical 90/10 percent sharing band.
Included in the NPC embedded in base rates for Deer Creek coal are unrecovered
investments associated with the mine and other mining assets in addition to operationally-related
mining and processing costs. The Company is proposing to defer the difference between these
7STAFF COMMENTS APRIL 24,2015
costs and the costs of continued amortization of the unrecovered investment plus the cost of new
coal supply agreements (CSA) without application of the 90110 percent sharing through the
ECAM. In addition, the Company is proposing to receive the authorizedrate of return on the
unamortized amount (Crane, Di, p.25).
Staff agrees that the Company is currently authorized to recover 100 percent of
depreciation expense in base rates related to Deer Creek and the Mining Assets outlined in the
Company's Application (Application at 16). Staff also agrees that applying the sharing band to
Deer Creek depreciation expenses would not allow the Company to fully recover an expense it is
authorized to recover and therefore it is not equitable.
However, Staff believes the extraordinary variable operation and purchase fuel cost
associated with the Deer Creek mine closure should be subjected to sharing in the ECAM as are
all other variable NPC expenses not currently recovered in the base rates. Idaho utilities
commonly shift fuel supply from internal to external sources (or vice versa) and negotiate new
fuel supply contracts on an ongoing basis while remaining subject to sharing through cost
adjustment mechanisms in between rate cases.
Staff proposes to separate the unamortized investment in the mine and related assets from
all other Deer Creek NPC-related expenses. This allows the regulatory treatment to be
determined in a future general rate case for the unamortized amount recorded in a separate
deferral. The specific accounting treatment of this amount is outlined later.
For the remaining Deer Creek NPC-related expenses, Staff proposes they be treated as
part of the next ECAM deferral in the same manner as all other NPC-related expenses, including
the 90/10 percent customer sharing. As proposed by the Company, the Deer Creek NPC base-to-
actual amount would need to be separated from other Hunter and Huntington NPC defenal
expenses and calculated on a dollar per million British Thermal Unit (MMBtu) basis instead of a
dollar per Megawatt-hour (N/fWh) basis.
The calculation the Company has proposed multiplies "the total MMBtu consumed for
the two plants included in base net power costs times the difference between the weighted average
cost per MMBtu (consumed) included in the base net power costs for the Huntington and Hunter
power plants and the actual weighted-average cost per MMBIU (consumed) during the deferral
period." (See Crane,Di,25). Although the Company maintains that its calculation "isolates the
impact of the Transaction on fuel costs in the Energy Cost Adjustment Mechanism (ECAM)," in
STAFF COMMENTS APRIL 24,2015
response to Staff Data Request No. 6, Staff believes this methodology fails to account for
changing load since base rates were last established. Instead, Staff proposes that the difference in
the unit price of coal be multiplied by the actual amount of coal consumed by the two plants
during the deferral period. This approach is consistent with Commission authorized ECAM
methodology and accurately represents the portion of the Deer Creek deferral costs subject to
90/10 sharing.
Staff recommends that the resulting ECAM deferral amount (minus unamortized asset
depreciation amounts) be subject to 90/10 percent sharing. Although difficult to accurately
determine, Staff estimates that ECAM sharing could reduce customer costs by as much as
$150,000 annually until Bowie CSA's are included in base rates.
Regulatory Assets
Regulatory assets can be established for expenses that are currently not included in rates,
yet are significant enough to warrant deferring until the next general rate case for a determination
on the amount to be included in rates at that time. Were a company to propose, in a general rate
case, that certain expenses from past years be included in the current rates, it would generally not
be allowed because those costs should have been expensed in the year they occurred. In order to
be considered in the general rate case, the utility usually must have an Accounting Order from the
Commission allowing it to defer the costs for possible future recovery. PacifiCorp's filing
appropriately requests an Accounting Order from the Commission allowing deferral of Deer
Creek expenses for future recovery.
In its request for an Accounting Order, the Company proposes to earn its authorized rate
of return during the deferral period. Staff does not support either accrual of return nor any other
interest on the deferrals. Staff believes that because Deer Creek assets are no longer "used and
useful," the Company is no longer eligible to earn a return on any remaining unamortized Deer
Creek amounts. Staff believes that allowing the Company to defer the expenses for future
recovery when they would likely otherwise be unrecoverable is sufficient relief to the Company.
Staff believes the Commission has discretionary authority in determining whether to approve a
carrying charge on a deferral account. Reference Idaho Power Company v. Idaho State Tax
Commission, I4l Idaho 323 and Order No. 30235, page 3 in Case No. IPC-E-06-06. See also
Order No. 30638, page 4 in Case No. AVU-E-08-03.
9STAFF COMMENTS APRIL 24,2015
The Commission may evaluate the appropriateness of a carrying charge when a utility
requests an Order authorizing deferred accounting treatment in advance of the expenditure, or the
deferral account is related to implementation of a program the Commission has ordered. In those
circumstances, the Commission has an opportunity to evaluate the necessity and anticipated
benefit for customers before the Company incurs the expense.
When the Commission has ordered a carrying charge for a deferred expense, the carrying
charge typically has been at the customer deposit rate. The customer deposit rate for 2015 is IVo.
Reference Order No. 33187 in Case No. GNR-U-I4-OZ.
Normal Accounting Treatment
PacifiCorp's request to defer mine closure costs and unrecovered investment in the Deer
Creek Mine and Mining Assets is a deviation from normal accounting procedures. PacifiCorp
witness Crane identifies on page 2J,line 9, that the closure of the mine will result in
undepreciated assets. If normal accounting procedures are followed, the costs of the unrecovered
investment and mine closure will be credited to the electric plant in which it is included. As a
depreciable class of property, the book cost of the retired unit is credited to electric plant and also
charged to the accumulated provision for depreciation applicable to the property. The cost of
removal and the salvage would also be charged or credited, as appropriate, to the applicable
depreciation accounts. The investment that has not been recovered would normally be recovered
through depreciation. Depreciation is the recognition that physical assets are consumed in the
process of providing a service or a product. Generally accepted accounting principles (GAAP)
require the recording of depreciation to be rational and systematic.
The Company proposes to establish several regulatory assets and to transfer the
unrecovered investment (Deer Creek Mine and Mining Assets) from the relevant subaccounts of
Plant in Service.
Regulatory Asset Breakdown
Currently there is $102 million in
sold to Bowie Resource Partners in return
plant-in-service.Of this amount $21 million will be
for a Staff
recommends that the loss of I and the remaining assets of I for a total of I
I be recorded as a regulatory asset and be subject to the Staff proposed treatment for
STAFF COMMENTS 10 APRIL 24,2015
regulatory assets and amortization. Some assets may have salvage value, and Staff recommends
that any salvage value recognized be used as an offset to the regulatory asset. Staffalso
recommends all interest earned from the note be reflected for ratemaking purposes as a reduction
to the regulatory asset with the amortization period shortened as appropriate.
In addition to the actual plant-in-service that is part of the transaction, the Company has
$5 million in Construction Work [n Progress (CWIP). Staff examined the entries in CWIP, and
found all entries into CWIP were normal and related to the operations of the mine. Staff
recommends that this $5 million currently in CWIP also be placed in a regulatory asset and be
subject to the Staff proposed treatment for regulatory assets and amortization.
The Company will also be incurring significant closure costs in for the Deer Creek Mine.
This includ"r l in materials and suppli"r,I in hxes,I in retirement
obligations,I in severance and unemployment costs,I in royalties, and !
I in other costs associated with closing the mine. Staff recommends this total
I be recorded as a regulatory asset and be subject to the Staff proposed treatment for
regulatory assets and amortizatton. Because some of these expenses are estimates, Staff
recommends that they be trued up to actual costs when they are incurred.
Finally, the Company will be assuming u I Hability due to the settlement of the
retiree medical benefits. Staff recommends that amount be recorded as a regulatory asset and be
subject to the Staff proposed treatment for regulatory assets and amortization.
Amortization
The Company proposes to amortize the remaining unrecovered investments in the Deer
Creek Mine and the Mining Assets on a basis consistent with the current rate of depreciation
reflected in base rates. The Company further proposes that at the time rates are next reset, the
remaining unrecovered investments in the Deer Creek Mine and the Mining Assets be amortized
and recovered over a period of three years (Application, page l5). The Company has included
construction work in progress and preliminary survey and investigation costs in its Deer Creek
Mine unrecovered investment numbers on page 15 of its Application. Staff recommends that the
Commission approve a minimum five-year amortization period beginning with the next rate case
to recognize the longer-term nature of these obligations. This five-year amortization period
t1STAI]F COMMENTS APRIL 24,2015
matches that approved in Case No. PAC-E-01-02, Order No. 28700 when PacifiCorp applied for
an Accounting Order to defer costs associated with its Trail Mountain Mine.
The Company proposes to defer the mine closure-related costs as a regulatory asset until
later incorporated in base rates and recovered over an amortization period of five years. The
Company indicates that a significant portion of these costs will be recognized for accounting
purposes in2Ol4 while certain of these costs will be incurred in 2015 and 2016. Staff
recommends that the Commission approve a five-year amortization period beginning with the
next general rate case.
The Company also requests a three-year amortization period of its Retiree Medical
Obligation beginning with the next general rate case (Application, page 18, item 4). Staff
recommends that the Commission approve a minimum five-year amortization period beginning
with the next rate case to recognize the longer-term nature of these obligations.
Reporting
Once the transactions are finalized, Staff recommends PacifiCorp file all closing
documents, journal entries and the true up of the estimated costs to actual costs including the
workpapers associated with those journal entries within 45 days.
STAFF RECOMMENDATIONS
Staff recommends the following:
o The Company separate the unamortized investment in the mine and related assets from
all other NPC-related expenses. This separate deferral, without carrying charge,
should allow recovery without sharing and without additional return on investment in
a future general rate case.
o Deer Creek NPC minus depreciation of unamortized amounts and Bowie CSA's
should be treated as part of the ECAM deferral in the same manner as all other NPC
related expense, including 90/10 sharing and over/under recovery of actual cost due to
change in load.
o Record any loss on the sale of assets as a regulatory asset without carrying charge
(Expectedtob"f).
STAFF COMMENTS T2 APRIL 24,2OI5
Any interest earned on notes from the transaction be used as a reduction to the
regulatory asset with the amortization recovery period shortened as appropriate.
Construction work in process be recorded as a regulatory asset without carrying charge
($5 million).
All closure costs of the Deer Creek Mine be recorded as a regulatory asset without
carrying charge (Expected to be $74 million). This amount will be trued up as costs
are actually incurred.
The retiree medical obligation settlement be recorded as a regulatory asset without
carrying charge ($4 million).
All amortization periods be over a S-year period beginning with the next rate case.
Respectfully submitted this e+%^y of April 2015.
Technical Staff: Mike Louis
Patricia Harms
Joe Terry
Donn English
i:umisc:commentVpacel 4. I 0npmlphjtde comments
Deputy Attorney General
STAI]F COMMENTS t3 APRIL 24,2015
ATTACHMENTA
IS CONFIDENTIAL
AND PROTE, CTED
TINDER THE,
PROTECTIVE,
AGRE,EMENT
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 24Th DAY OF APRIL 2015,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. PAC-E-I4-IO, BY E-MAILING A COPY THEREOF, POSTAGE PREPAID,
TO THE FOLLOWING:
TED WESTON DANIEL E SOLANDER
ID REGULATORY AFFAIRS MANAGER SENIOR COUNSEL
ROCKY MOUNTAIN POWER ROCKY MOUNTAIN POWER
201 S MAIN ST STE 23OO 201 S MAIN ST STE 23OO
SALT LAKE CITY UT 84I I I SALT LAKE CITY UT 8411I
E-MAIL: [e-mail] E-MAIL: [e-mail](CONFTDENTTAL) (CONFTpENTTAL)
DATA REQUEST RESPONSE CENTER RICHARD R HALL
E-MAIL ONLY: STOEL RIVES [e-mail] SUITE 1900(CONFTDENTTAL) 101 S CAPTTOL BLVD.
BOISE ID 83702
E-MAIL: [e-mail]
(NON-CONFTDENTTAL)
RANDALL C BUDGE BRAD MULLINS
THOMAS J BUDGE 333 SW TAYLOR ST
RACINE OLSON NYE BUDGE & BAILEY STE 4OO
PO BOX 139I PORTLAND OR 97204
POCATELLO ID 83204-1391 E-MAIL: [e-mail]
E-MAIL: [e-mail] G{ON-CONFIDENTIAL)
o{oN-cONFTDENTTAL)
ELECTRONIC ONLY RONALD L WILLIAMS
JAMES R SMITH WILLIAMS BRADBURY PC
MONSANTO COMPANY 1015 W HAYS ST
E-MAIL: [e-mail] BOISE lD 83702(I{ON-CONFIDENTIAL) E-MAIL: [e-mail]
(NON-CONFTDENTTAL)
CERTIFICATE OF SERVICE
ELf,CTRONIC ONLY
VAL STEINER
AGRIUM US INCNU.WEST INDUSTRIES
E-MAIL : val.sXeiner@.agrium.com
(NON-CONFTDENTTAL)
ELECTRONIC ONLY
JIM DUKE
IDAHOAN FOODS
E-MAIL : j [e-mail]
(NON-CONFTDENTTAL)
CERTIFICATE OF SERVICE