20110511Affidavits of Adams and Rudeen.pdf

Bf~r.G.~ATTORNEYS AT LAW
Tel: [phone] Fax: [phone]
P.O. 80x 7218 80ise. ID 83707 - 515 N. 27th St. 80ise. ID 83702
11 May 2011
Ms. Jean Jewell
Commission Secretar
Idaho Public Utilties Commission
472 W. Washington
Boise, ID 83702
RE: PAC-E-IO-08
Dear Ms. Jewell:
RECEIVED
ZOlIMAY l I PH t.: 31
We are enclosing an original and seven (7) copies of the AFFIDAVITS OF GREGORY
ADAMS AND COLLIN RUDEEN IN SUPPORT OF XRG LLCs' ANSWER IN
OPPOSITION TO ROCKY MOUNTAIN POWER'S MOTION FOR SUMMARY
JUDGEMENT in the above-referenced case.
A copy is also enclosed for your stamping and retur to our offce.
~ly,
~ Ùß ¡y\~d\
Nina M. Curis
Richardson & O'Leary PLLC
Enc: XRG LLCs' 5-11-11 Filng
Peter J. Richardson
Gregory M. Adams
Richardson & O'Lear, PLLC
515 N. 27th Street
P.O. Box 7218
Boise, Idaho 83702
Telephone: [phone]
Fax: [phone]
peter(ßrichardsonandoleary.com
gregCÐrichardsonandoleary. com
RECEIVED
2011 MAY II PH~: 31
Attorneys for Complainants XRG-DP-7, XRG-DP-8, XRG-DP-9, XRG-DP-IO, LLCs
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
XRG-DP-7, XRG-DP-8, XRG-DP-9, XRG-DP- )10, LLCs, )Complainants, )
)
)
)
)
)
)
)
)
)
)
)
)
)
)
vs.
PACIFICORP, DBA ROCKY MOUNTAIN
POWER,
Defendant.
Case No. PAC-E-IO-08
AFFIDAVIT OF GREGORY ADAMS
IN SUPPORT OF XRG LLCs'
ANSWER IN OPPOSITION TO
ROCKY MOUNTAIN POWER'S
MOTION FOR SUMMARY
JUDGMENT
I, Gregory M. Adams, do declare the following and if called to testify, would and could
competently testify thereto:
1. I am over the age of 18, and am associated with the law firm of Richardson and
O'Lear, PLLC. In such capacity, I am the legal representative, along with Peter J. Richardson,
of Complainant quaifying facilities ("QFs") named XRG-DP-7, LLC, XRG-DP-8, LLC, XRG-
DP-9, LLC, and XRG-DP-IO, LLC (referred to collectively as "XRG LLCs").
2. I have personal knowledge of the facts set fort in this affidavit based upon my
representation of the XRG LLCs in this matter.
3. I have personal knowledge of all of the documents submitted as Exhibit 4 to XRG
LLC's ANSWER TO ROCKY MOUNTAIN POWER'S MOTION FOR SUMMARY
JUDGMENT. Those documents are true and correct copies of electronic mail correspondences
between attorneys representing the XRG LLCs and attorneys representing Rocky Mountain
Power in this matter.
4. I have personal knowledge of all of the documents submitted as Exhibit 5 to XRG
LLC's ANSWER TO ROCKY MOUNTAIN POWER'S MOTION FOR SUMMARY
JUDGMENT. Those documents are tre and correct copies a legal brief and testimony filed by
PacifiCorp in a complaint proceeding before the Public Utility Commission of Oregon. They are
publicly available at the Public Utility Commission of Oregon and online at its website at
http://ww.puc.state.or.us/. under the case number UCB 44.
I declare under penalty of perjur under the laws of the United States and under laws of the state
of Idaho that the foregoing is tre and correct.
~
DATED ths tt day of May 2011.
By
AFFIDAVIT OF GREGORY ADAMS
PAC-E-1O-08
PAGE 2
STATE OF IDAHO )
) ss.
)COUNTY OF ADA
On this 'I ff day of May 2011, before me, a Notar Public in and for the State of
Idaho, personally appeared Gregory Adams, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person who executed this instrent and acknowledged
it to be his free and voluntar act and deed for the uses and puroses mentioned in the
instruent.
IN WITNESS WHEREOF, I have hereunto set my hand and offcial seal the day and year
first above written.
~~~ .ÛU-t~
NOTARY PUBLIC for the State ofIdaho
Residing at ~
P:~Cv. ~
My Commission expires
3ltJ5
AFFIDAVIT OF GREGORY ADAMS
PAC-E-lO-08
PAGE 3
Peter J. Richardson
Gregory M. Adams
Richardson & O'Lear, PLLC
515 N. 27th Street
P.O. Box 7218
Boise, Idaho 83702
Telephone: [phone]
Fax: [phone]
peterCÐrichardsonandoleary.com
gre gCÐrichardsonandolear. com
RE.CEIVED
inn tiAY \ I PM it: 3'
Attorneys for Complainants XRG-DP-7, XRG-DP-8, XRG-DP-9, XRG-DP-lO, LLCs
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
XRG-DP-7, XRG-DP-8, XRG-DP-9, XRG-DP- )10, LLCs, )Complainants, )
)
)
)
)
)
)
)
)
)
)
)
)
)
)
vs.
PACIFICORP, DBA ROCKY MOUNTAIN
POWER,
Defendant.
Case No. PAC-E-lO-08
AFFIDAVIT OF COLLIN RUDEEN IN
SUPPORT OF XRG LLCs' ANSWER
IN OPPOSITION TO ROCKY
MOUNTAI POWER'S MOTION
FOR SUMMAY JUDGMENT
I, Colln Rudeen, do declare the following and if called to testify, would and could
competently testify thereto:
1. I am over the age of 18, and am employed by Exergy Technology Concepts, LLC.
In that capacity, I assist Exergy Development Group of Idaho, LLC, which is the company
developing the qualifying facilties ("QFs") named XRG-DP-7, LLC, XRG-DP-8, LLC, XRG-
DP-9, LLC, and XRG-DP-lO, LLC (referred to collectively as "XRG LLCs"), the Complainants
in the above captioned matter.
2. I have directly worked on the development ofXRG LLCs, and I have personal
knowledge of the proceedings in the above captioned matter.
3. I have personal knowledge of all of the documents submitted as Exhbit 1 to XRG
LLC's ANSWER TO ROCKY MOUNTAIN POWER'S MOTION FOR SUMMAY
JUDGMENT. Those documents are tre and correct copies of excerpts from the XRG LLCs'
Responses to Rocky Mounta Power's Production Requests.
4. I have personal knowledge of all of the documents submitted as Exhibit 2 to XRG
LLC's ANSWER TO ROCKY MOUNTAIN POWER'S MOTION FOR SUMMAY
JUDGMENT. Those documents are tre and correct copies of excerpts from the Rocky
Mountain Power's Responses to the XRG LLCs' Production Requests.
5. I have personal knowledge of all of the documents submitted as Exhbit 3 to XRG
LLC's ANSWER TO ROCKY MOUNTAIN POWER'S MOTION FOR SUMMY
JUGMENT. Those documents are tre and correct copies of correspondences between Rocky
Mountain Power and the XRG LLCs. The letter from the XRG LLCs' attorney is redacted only
to the extent necessar to prevent disclosure of settlement communications.
I declare under penalty of perjur under the laws of the United States and under laws of the state
of Idao that the foregoing is tre and correct.
DATED this (OTIl day of May 201 1.
Collin Rudeen
By
AFFIDAVIT OF COLLIN RUDEEN
PAC-E-1O-08
PAGE 2
STATE OF IDAHO )
) ss.
)COUNTY OF ADA
On this ¿t7d day of May 2011, before me, a Nota Public in and for the State of
Idaho, personally appeared Colln Rudeen, personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person who executed this instrent and acknowledged it to
be his free and volunta act and deed for the uses and puroses mentioned in the instrent.
IN WITNESS WHEREOF, I have hereunto set my hand and offcial seal the day and year
first above wrtten.
&IU
LZædo
My Commission expires~5
AFFIDAVIT OF COLLIN RUDEEN
PAC-E-lO-08
PAGE 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 11th day of May, 2011, a tre and correct copy of the
within and foregoing AFFIDAVITS OF GREGORY ADAMS AND COLLIN RUDEEN
IN SUPPORT OF XRG LLCs' ANSWER IN OPPOSITION TO ROCKY MOUNTAIN
POWER'S MOTION FOR SUMMARY JUDGMENT was served in the maner shown to:
Jean Jewell
Commission Secreta
Idaho Public Utilties Commission
472 W. Washington
Boise,ID 83702
jean. jewellCÐpuc.idaho. gov
2L Hand Delivery
_U.S. Mail, postage pre-paid
Facsimile
lL Electronic Mail
Mark C. Moench
Rocky Mountain Power
201 South Main Street, Suite 2300
Salt Lake City, UT 84111
mark.moenchCÐpacificorp.com
_ Hand Delivery
LU.S. Mail, postage pre-paid
Facsimile
lL Electronic Mail
Danel E. Solander
Rocky Mountain Power
201 South Main Street, Suite 2300
Salt Lake City, UT 84111
daniel.solanderCÐpacificorp.com
_ Hand Delivery
XU.S. Mail,postage pre-paid
Facsimile
lL Electronic Mail
Jeffrey S. Lovinger
Lovinger Kaufman LLP
825 NE Multnomah, Suite 925
Portland, OR 97232
10vinger(ßLKLaw.com
_ Hand Delivery
XU.S. Mail, postage pre-paid
Facsimile
lL Electronic Mail
Kenneth E. Kaufman
Lovinger Kaufman LLP
825 NE Multnomah, Suite 925
Portland, OR 97232
kaufmanCÐLKLaw.com
_ Hand Delivery
-XU.S. Mail, postage pre-paid
Facsimile
lL Electronic Mail
Signed~Ú\1\ ¡
Nina M Curis
Richardson & O'Leary, PLLC