20071106Attorney certificate.pdf

Randall C. Budge, ISB No. 1949
RACINE, OLSON, NYE, BUDGE &
BAILEY, CHARTERED
O. Box 1391; 201 E. Center Street
Pocatello, Idaho 83204-1391
Phone: [phone]
Fax: [phone]
E-mail: ':::rcb(fYracinelaw.net:?
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IDAHO PUDLje
UTiLITIES COh~\A!SSIO;.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
In the Matter of the Application of
PacifiCorp, dba Rocky Mountain Power
for Approval of an Electric Service
Agreement with Monsanto Company.
ATTORNEY'S CERTIFICATE
Case No. PAC-07-
STATE OF IDAHO
: SS
COUNTY OF BANNOCK
Randall C. Budge, being first duly sworn under oath, deposes and states that the following
is true and correct to the best of his knowledge, information and belief, to-wit:
I am now and was at all times mentioned herein a duly licensed attorney in good
standing under the laws of the State ofldaho and hold Idaho State Bar License No. 1949. I am a
partner in the firm of Racine, Olson, Nye, Budge & Bailey, Chartered, 201 E. Center, Pocatello
Idaho. I am the attorney of record for Monsanto Company ("Monsanto
For several years I have represented Monsanto in various regulatory, litigation and
other matters pertaining to the business and operation ofthe Soda Springs Plant. Accordingly, I am
familiar with certain documents, data, information, studies and other material relating to the
production, use and marketing of elemental phosphorus that are claimed to be trade secrets
proprietary and of a confidential nature (herein referred to as "Confidential Information
ATTORNEY'S CERTIFICATE-
On November 5, 2007 PacifiCorp and Monsanto entered into a new Electric Service
Agreement to become effective January 1 2007. On June 28 2007, PacifiCorp, Monsanto, the Idaho
Public Utilities Commission Staff, the Idaho Irrigation Pumpers Association and Agrium and other
parties entered into a Protective Agreement to protect the Confidential Information.
On November 6, 2007 , PacifiCorp filed a Stipulation for the purpose of seeking
approval by the Idaho Public Utilities Commission ("Commission ) of a Settlement entered into
between all parties. The Stipulation, among other things, provides for a new Electric Service
Agreement with Monsanto Company to be effective January 1 , 2008.The Electric Service
Agreement between Monsanto and PacifiCorp will be filed with the Application as "Confidential
Information" on yellow-colored paper pursuant to the Protective Agreement. This Attorney
Certificate is submitted pursuant to paragraph l(a) of the Protective Agreement to set forth
Monsanto s claim of confidentiality with respect to material that is protected by law from public
disclosure.
Monsanto claims as Confidential Information the following:
(A)The Interruptible Credit in dollars per k W of interruptible power set forth in
paragraph 4.2 of the Electric Service Agreement and Tariff Schedule 400;
(B)The furnace sizes available for operating reserve, system integrity and
economic curtailment interruptions set forth in Exhibits A and B attached to the Electric Service
Agreement.
Phosphorus is a commodity that is produced and sold on a global market that is
extremely competitive. Chinese production has certain production cost advantages and poses a
substantial threat to the viability of the Soda Springs Plant. The disclosure of Confidential
ATTORNEY'S CERTIFICATE - 2
Information of Monsanto, particularly phosphorus production costs and quantities to the Chinese and
other competitors, would severely damage Monsanto s competitive positions.
Electricity is the largest single cost of producing phosphorus at Monsanto s Soda
Springs Plant. The quantity produced and cost per pound directly relate to the cost and amount of
electricity utilized. Accordingly, within the meaning ofLC. 48-80 I (5), it is my opinion that the net
cost of electricity after the interruptible credit and furnace size in MW available for interruption are
trade secret information, methods and processes that derive independent economic value, actual or
potential, from not being generally known to, and not being readily ascertainable by proper means
by other persons who can obtain economic value from its disclosure or use; and is the subject of
efforts that are reasonable under the circumstances to maintain its secrecy.
Except for the interruptible credit and furnace size claimed as Confidential
Information as discussed above, the remaining terms of the Electric Service Agreement are not
considered to be trade secrets or Confidential Information. Accordingly, a copy of the Electric
Service Agreement will be made available and filed with only the interruptible credit and furnace
size redacted as Confidential Information.
FURTHER YOUR AFFIANT SA YETH NAUGHT.
DATED this 5th day of November, 2007.
RACINE, OLSON, NYE, BUDGE &
BAILEY, CHARTERED
~~~
RANDALL c. B
SUBSCRIBED AND SWORN TO before me this 5th day of November, 2007.
ATTORNEY'S CERTIFICATE - 3
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ATTORNEY'S CERTIFICATE - 4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this
r'1t ay of November, 2007, I mailed byU.S. Mail
postage prepaid, a true and correct copy of the foregoing document to each ofthe following:
Jean M. Jewell, Secretary (original and 9 copies) (Overnight Mail)
Idaho Public Utilities Commission
O. Box 83720
Boise, Idaho 83720-0074
Mark C. Moench
Senior VP and General Counsel
PacifiCorp/dba Rocky Mountain Power
201 S. Main Street, Suite 2300
Salt Lake City, Utah 84111
James R. Smith
Monsanto Company
O. Box 816
Soda Springs, Idaho 83276
Brian Dickman
PacifiCorp
201 South Main Street, Suite 2300
Salt Lake City, Utah 84111
Gary Kajander
Monsanto Company
800 N. Lindbergh Blvd.
St. Louis, MO 63167
Dean Brockbank
Senior Counsel
PacifiCorp
201 South Main Street, Suite 2300
Salt Lake City, Utah 84111
James M. Van Nostrand
Stoel Rives LLP
900 S.W. Fifth Avenue, Suite 2600
Portland, Oregon 97204
RANDALL C. BUDGE
ATTORNEY'S CERTIFICATE - 5