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Following is PNGC's Response to Data Request DS-PN:002.
R. Erick Johnson PC 888 SW Fifth Ave, Suite 870 Portland, OR ?97204 Tel: 503.295.2944 E-mail: ?Erick_Johnson@PNGC.com Paul Murphy <bferranti@mbllp.com< 03/08/2001 09:32 AM Please respond to bferranti ? ? ? ? ? ? ? ? To: ? ? ? ?abuckley@wutc.wa.gov, alan@epud.org, ali.rodol@ci.seattle.wa.us, archive-power-ratecase@bpa.gov, aw_turner@pgn.com, BASSL@sce.com, bessex@cowlitzpud.org, bferranti@mbllp.com, bpadiscovery@merkellaw.com, ccopatrny@e-z.net, clatspud@clatskanie.com, crow@millernash.com, cub@teleport.com, cwagers@dcpud.org, dan.meek@usa.net, darcy@tonkon.com, darkills@popud.com, dbkinnard@pplmt.com, dfaulk@puget.com, discoveryparalegal@bpa.gov, dldorrell@stoel.com, dmacgregor@morganlewis.com, doney@doneylaw.com, doug_brawley@pngc.com, dparrish@prmllp.com, dws@keywaycorp.com, eauverde@hotmail.com, eboyd@ppcpdx.org, efinklea@energyadvocates.com, elisaCKF@aol.com, EnerGlaw@aol.com, Eric.Larson@oremetwahchang.com, erick_johnson@pngc.com, ghuhta@cowlitzpud.org, huse@eesconsulting.com, ias@dvclaw.com, jack.speer@alcoa.com, jacksonc@ida.net, janet.prewitt@state.or.us, jdeason@chbh.com, jeffn@subutil.com, jhart! so@enron.com, JLH@mc-power.com, johk@critfc.org, john.yanov@eweb.eugene.or.us, johncameron@dwt.com, jolynnr@mresearch.com, jpw@duncanallen.com, jrb_ora@televar.com, jsaven@pacifier.com, jschlect@avistacorp.com, kevin.clark@ci.seattle.wa.us, kknitte@gcpud.org, kmoxness@cencoast.com, kpom@mail.pacifier.com, kyle@ppcpdx.org, lawyer@teleport.com, Lhamilton@avistaenergy.com, lpeters@pacifier.com, lwolv@worldaccessnet.com, lyn_williams@pgn.com, marc.hellman@state.or.us, marss@perkinscoie.com, matts1@atg.wa.gov, mershanlaw@aol.com, mhain@ect.enron.com, michaelearly@earthlink.net, mike.macdougall@powerex.com, mmetzler@ci.tacoma.wa.us, mschaff@worldnet.att.net, mthomas@mtpower.com, Paul@KinergyLLC.com, pete.forsyth@kaiseral.com, pete@ashland.or.us, peter@richardsonandoleary.com, pfox@bracepatt.com, pljacklin@stoel.com, pmurphy@mbllp.com, pnichols@idahopower.com, pobenchain@idahopower.com, pspi@dynegy.com, pvickery@tpud.org, rachel@rnp.org, ratecase@pngc.com, rates@ppcpdx.org, rbstron! g@painehamblen.com, rdb@keywaycorp.com, rfoiani@gcpud.org, rkindley@schwabe.com, rle@givenspursley.com, rpierce@avistaenergy.com, scott.brattebo@pacificorp.com, seligman@teleport.com, simonf@atg.wa.gov, sjohnsto@wutc.wa.gov, skaravit@ci.tacoma.wa.us, stephens@eslerstephens.com, steve@nwenergy.org, tdeboer@painehamblen.com, terrym@millcreeklaw.com, tgrim@chbh.com, townsend@chbh.com, tracigrundon@dwt.com, tstevenson@ci.burbank.ca.us, weavertr@yakima-wa.com, wmgt3@montana.com ? ? ? ? cc: ? ? ? ? ? ? ? ? Subject: ? ? ? ?WP-02 Data Request request_number: ?DS-PN:002 firstname: ?Paul lastname: ?Murphy e-mail: ?bferranti@mbllp.com directed_to: ?R. Erick Johnson, PNGC exhibit_wp-02-e-: ?JCG-01, -02 page_numbers: ? request_text: ?Please disclose and/or produce any and all communications from October 16, 2001 to the present, between the BPA representatives listed below and any representative of any other party concerning BPA's rates to be in effect for Fiscal Years 2002-2006, the interactions of such rates and customer contracts, or procedural aspects of these rate proceedings. Bob Proctor ? ? ? ? ? ? ? ? ? Tim McCoy Byrne Lovell Byron Keep Valerie Lefler Jon Wright Peter Berger 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: ?Response DS-PN:002 Pacific Northwest Generating Cooperative (PNGC) 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). ?PNGC 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. ?Further, the Data Request PNGC received in hard copy of March 12, 2001 covered communications from October 16, 2001 to the present, of which there were none. ?PGNC hereby responds to the corrected Data Requests received March 14, 2001 covering communications from October 16, 2000 to the present. Without waiving the foregoing objections, PNGC responds as follows: 1. ? ? ? ?On or about January 26, 2001, Joe Nadal, PNGC, called Barney Keep, BPA, in the afternoon and spoke with Mr. Keep for about five minutes. ?Mr. Nadal stated that PNGC had concerns relating to the practical feasibility of implementation details of proposed versions of LB CRAC methodology, i.e. ability to get transparent monthly price quotes. ?No specific details or alternatives were discussed. ?Mr. Nadal stated PNGC's interest in having BPA and utility traders/schedulers attend an upcoming ?work session to give their input. ?To the best of PNGC's knowledge, no other parties participated in this telephone conversation. 2. ? ? ? ?On or about January 29, 2001, Joe Nadal, PNGC, called Ed Bleifus, BPA, in the morning and spoke with Mr. Bleifus for about five minutes. ?Mr. Nadal again stated that PNGC had concerns relating to the practical feasibility of implementation details of proposed versions of LB CRAC methodology, i.e. ability to get transparent monthly price quotes. ?Again, no specific details or alternatives were discussed. ?Mr. Nadal reiterated PNGC's interest in having BPA and utility traders/schedulers attend an upcoming ?work session to give their input. ?To the best of PNGC's knowledge, no other parties participated in this telephone conversation. 3. ? ? ? ?On or about February 13, 2001, Erick Johnson, attorney for PNGC, called Peter Burger, BPA OGC, at about 11:45 am, and spoke with Mr. Burger for about three minutes. ?Mr. Johnson asked whether BPA would take the position that the provisions of the "Partial Stipulation and Settlement Agreement," WP-02-M-111, Exhibit A, Parties' Proposal, Section H, would preclude PNGC from offering direct testimony the the first 990 aMW of DSI service should be priced at market. ?Mr. Burger did not initially answer this question. ?However, at about 1:40 pm on the same day, Mr. Burger called back to say that BPA agreed that the Partial Stipulation did not preclude PNGC from offering such testimony. ?This conversation lasted about two minutes. ?To the best of Mr. Johnson's knowledge, no other persons participated in these telephone calls. 4. ? ? ? ?On or about February 23, 2001, Phill Sher, PNGC, had a conversation with A. Perino, BPA, starting at about 11:30 am and lasting about one hour. The topics discussed were not specifically related to the BPA WP-02 rate case. The terms "cost recovery adjustment charge" or "CRAC" did not arise to the best of Mr. Sher's recollection. Also, to the best of Mr. Sher's recollection, the topics discussed were matters of general interest to economists. ?The topics discussed included commodity prices and load forecasting. ? 5. ? ? ? ?On or about March 6, 2001, Doug Brawley, PNGC, left a voice mail message for Bob Procter, BPA, starting at about 3:00 pm and lasting about two minutes. ?Mr. Brawley pointed out that in GRSPs Section Q- Low Density Discount, Sub Section 7- Application of LDD to Slice, in the third line from the bottom in paragraph 3, the words "Financial Based (FB) and Safety Net (SN) should be inserted between (TAC) and CRAC - in order to properly reflect the intent of the Settlement Proposal. ?Mr. Procter did not respond to this voice mail message.
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