WP-02 Data Response

request_number: DS-PL:001
firstname: Pamela
lastname: Jacklin
e-mail: pljacklin@stoel.com
exhibit_wp-02-e-: JCG-01 and 02
page_numbers:
request_text: Please disclose and/or produce copies of any and all
communications, from October 16, 2000 to the present, between any BPA
representative and any representative of any other party, concerning any of
the following subjects:

a. The general structure of the Cost Recovery Adjustment Clauses (CRACs)
described in the testimony of the Joint Customers;

b. Any differences between the form of the CRACs described in the testimony
of the Joint Customers and the CRACs contained in BPA's Amended Proposal, or
those contained in BPA's Supplemental Proposal;

c. The detailed mechanics of implementing the CRACs described in the
testimony of the Joint Customers;

d. Revenue effects of the CRACs described in the testimony of the Joint
Customers, any modifications; or

e. Any aspect of the Partial Stipulation and Settlement Agreement and the
Parties' Proposal attached thereto.

For purposes of this Request, "disclose and/or produce" has the meanings
described below. With respect to oral communications, "disclose and/or
produce" means to describe the time, date, approximate duration, and
substantive content of the communication; the identity and organizational
affiliation of the communicating individuals; whether the communication
occurred in person or by telephone; the location of the communication if in
person; the identity of any witnesses to the communications, including all
individuals in the room if the communication occurred by speakerphone; and
whether the communication was made in the presence of or after coordination
with BPA counsel (if so, identify such counsel). For purposes of this
Request, you need not "disclose and/or produce" oral communications that
occurred during meetings noticed in compliance with Rate Case Rule 1010.7(d).

With respect to written communications, the Request includes communications
in any recorded form, whether on paper, electronic (including, without
limitation, e-mails), or whatever form. For such communications, "disclose
and/or produce" means to provide copies of all non-identical versions of any
written communications and to describe with particularity the location where
such communications were found and/or stored, including the identity of the
individual with possession or control of the written communications; to
describe with particularity the circumstances under which they were generated
or referred to; and to fully "disclose and/or produce" any oral
communications made in connection with the written communications consistent
with the preceding paragraph. For purposes of this Request, you need not
produce papers served on all parties to the rate case and made part of the
official file in the rate case.
response_text: PacifiCorp objects to this Data Request on the grounds that
it (1) seeks information that is not relevant and (2) seeks information that
is unduly burdensome to produce. (Rules of Procedure Governing Rate
Hearings, Section 1010.8(b).) PacifiCorp further objects to this Data
Request on the grounds that it is in improper form, as it does not cite to
specific testimony or indicate the specific use to which to information
sought will be put. (Special Rules of Practice, WP-02-O-01.) Without
waiving the foregoing objections, we respond as follows in the below attached
exhibits:

For oral communications, see Exhibit 1.
For written communications, see Exhibit 2.

The exhibits and attachments are available in BPA's Data Response Room.

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