20130806Second Affidavit Purdy.pdf

Brad M. Purdy
Attorney at Law
Bar No. 3472
2019 N. 176 St.
Boise,ID. 83702
[phone]
FAX: [phone]sll
[e-mail]
Attomey for Intervenor
Community Action Partnership
Association of Idatro
IN THE MATTER OF TI{E APPLICATION )
oF PACTFICORP DBA ROCKY MOUNTAIN )
POWER TO rNrrrATE DTSCUSSTONS WTTH )
INTERESTED PARTTES ON ALTERNATTVE )
RATE PLAI\I PROPOSALS )
)
CASE NO. PAC-E-13-04
SECOI\ID AFFIDAYIT OF
BRAD M. PURDY IN
ST]PPORT OF MOTION TO
COMPEL
3: *8
BEFORE TIIE IDAHO PTJBLIC UTILITIES COMMISSION
)
)
Affiant being first duly swom upon oath, hereby deposes and states as follows:
l. That he is legal counsel of record for the Community Action Parhrership Association of
Idatro (CAPAI) and, as suctr, possesses sufficient information and knowledge to attest to
the statements set forth herein.
That attached to this Affidavit as Exhibit "A" is atrue and correct copy of an email
received by Affiant from Mr. Daniel Solander on August 2,2013.
That attached to this Affidavit as Exhibit "8" is a tnre and correct copy of the Word
document attached to Exhibit A.
That affrant has been informed that Exhibit B was never filed with the Idatro Public
Utilities Commission in this proceeding.
2.
3.
4.
AFFIDAVIT OF BRAD M. PURDY
5. That affiant has been informed by the Commission Secretary that the Commissioners are
unavailable to hear oral argument on CAPAIs Motion to Compel during the week of
August 12-16,2013.
FLJRTIIER your affiant saith not
DATED this 6ro day of AWust, 2013.
SLTBSCRIBED AI.ID SWORN TO before me this 6* d.y ofAugrrst, 2013.
Residing at Boise, Ada Counr
My Commission expires:
AFFIDAVIT OF BRAD M. PURDY
CERTIFICATE OF SERVICE
I, the undersigne4 hereby certiry that on the 6th day of Augus! 2013,I served a copy of
the foregoing document on the following by electronic mail and U.S. Postage, first class.
Ted Weston
Rocky Mountain Power
201 South Main, Suite 2300
Salt Lake City, UT 841l l
ted.weston@fracifi corp. com
Daniel E. Solander
Rocky Mountain Power
201 South Main, Suite 2300
Salt Lake City, UT 841l1
daniel. solander@nacifi corp. com
Electronic Service Onlv:
Data Request Response Center
PacifiCorp
datarequest@pacifi corp. com
Nei[ Price
Deputy Affomey General
Idaho Public Utilities Commission
472 W, Washington (837 U)
P0 Box 83720
Boise, ID 83720-0074
neil.price@puc. idaho. gov
Randall C. Budge
Racine, Olson, Nyc, Budge & Bailey
201 E. Center
P0 Box l39l
Pocatello, ID 83204-1391
E-Mail: [e-mail]
Brubaker & Associates
16690 Swingley Ridge Rd, #140
Chesterfield, MO 63017
bcol I ins@consu ltbai.com
James R. Smittr
Monsanto Company
P.O. Box 816
Soda Springs,lD 83276
Jim.r. [e-mail]
AFFIDAVIT OF BRAD M. PURDY
Eric L. Olsen
ASSOCIATION, INC: Racine Olson, Nye, Budge & Bailey
@xhibitNos.30 1400) 201 E. Center
P0 Box 1391
Pocatello, ID 8320+1391
[e-mail]
Anthony Yankel
29814 Lake Road
Bay Village, OH 44140
tony@.),ankel.net
Benjamin J. Otto
Idaho Conservation League
710 N. 6fr St.
Boise,ID 83702
botto@ idahoconservation. org
Ronald Williams
Williams Bradbury, P.C.
1015 W. Hays St.
Boise,ID 83702
ron@wi I I iamsbradbury.com
Don Schoenbeck
RCS,Inc.
900 Washington St., Suite 780
Vancouver, WA 98660
[e-mail]
Tim Buller
Agrium,Inc.
3010 Conda Rd.
Soda Springs,ID 83276
[e-mail]
Ken Miller
Snake River Alliance
Box l73l
Boise,ID 83701
BMail : kmiller@,snalteriveralliance.org
4AFFIDAVIT OF BRAD M. PURDY
Outlook Print Message Page I of2
EXHttJr 1 4RE: Case PAC-E-13-04: CAPAI Motion
From: Solrrnder, Daniel @[e-mail]) This sender is in your contact
list.
Sent: Fli8l02ll3 3:48 PM
To: bradpurdy([e-mail])
Cc: Moench, Mark (Mark.Moench@pacificorp.@m); Larsen, Jeff
([e-mail]); Weston, Ted ([e-mail]);
McDougal, Steven ([e-mail])
I attachment
Idaho 2013 Motion to Compel Term Sheet.docx (21.0 KB)
Brad,
As we discussed, here is the Company's written proposal for resolving CAPAI's motion to compel. Please
let me know if you have any questions.
Daniel E. Solander
Senior Counsel
Rocky Mountain Power
One Utah Center
201 South Main Street, Suite 2300
Salt Lake City, Utah 84111
(801) 220-4OL4 Direct Dial
[phone] Cell
THIS COMMT'NICATION MAY CONTAIN CONFIDENTIAL INFORMATION AND MAY BE SUBJECT TO ATTORNEY.CLIENT PRIVILEGE,
THE ATTORNEY WORK PRODUCT DOCTRINE, THE JOINT DEFENSE PRIVILEGE, AND/OR OTHER PRIVILEGES. If you are not the intended
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Outlook Print Message Page2 of2
recipient(s), or the employee or agenl responsible for delivery ofthis message to the intended recipient(s), you are hereby notified that any dissemination,
distribution or copying ofthis e-mail message is strictly prohibited. Ifyou have received this message in error, please immediately noti& the sender and
delete this e-mail message from your computer.
From: bnd purdy [mailto:[e-mail]]
Sent: Tuesdan July 30, 2013 4:59 Ptl
To: Weston, Ted; Ron Williams; [e-mail]; Ken Miller; Ben Otto; Eric Olsen;
[e-mail] Price, Neil(ID ruC); Randy Lobb; Randy Budge; STEVEN D (AG1000) ( (; (;
Solander, Daniel
Cc: Christina Zamora
Subject Case PAC-E-1344: CAPAI MoUon
Attached, please find a Motion to Compel (responses to discovery) and supporting Affidavit and
Brief filed today with the tPUC by the Community Action Partnership Association of ldaho.
Brad M. Purdy
Attorney at Law
2019 N. 17th St.
Boise, lD 83702
2O8-38+L299 Land
208-484-9980 Cell
208-384-8511 Fax
[e-mail]
https://sntl38.mail.live.com/mail/PrintMessages.aspx?cpids=4a93f7da-fbbd-1 le2-97d9-002... 81612013
Exl'llBl'l bI
CONFIDENTIAL-FOR SETTLEMENT PURPOSES ONLY
PURSUANT IDAHO RULES OF EVIDENCE RULE 408
TERM SIIEET RESOLVING MOTION TO COMPEL
AND IDAHO RATE PLAN
The Company's position is that we have no duty to perform a study on the cost of service
information since the Company does not maintain the infomration in the fomrat CAPAI
has requested, and has not completed the study requested.
The Company is, however, witling to spend Company personnel time and resources to
complete the data request response provided we obtain some value in return.
o Accordingly, the Company proposes:
(l) that in retum for the Company completing the cost of service study requested
in Data Request 6(b) and providing the results to CAPAI as well as making
appropriate Company personnel available to discuss the study and results, CAPAI
agrees to withdraw its Motion to Compel and furttrer agrees not to oppose the rate
plan stipulation; and
(2) the Company will agre'e to hold a collaborative process to furttrer discuss and
review the cost of service issues that have been raised by CAPAI in this
proceeding, and to discuss what action the Company should take or propose for
Commission approval as a result of the cost of service studies.