WP-02 Data Response

request_number: DS-PP:010
firstname: Peter
lastname: Richardson
e-mail: peter@richardsonandoleary.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, 2001 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: The Public Power Council (PPC) objects to this Data Request
on the grounds that it (i) seeks information that is not relevant; (ii) seeks
information that is privileged; and (iii) seeks information that is unduly
burdensome to produce. Rules of Procedure Governing Rate Hearings, Section
1010.8(b). PPC 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 the information sought will be put. Special Rules of
Practice, WP-02-01. Without waiving the foregoing objections, PPC responds as
follows:

Please see attached.

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