Response to Data Request DS-PN:001 ,
 Following is PNGC's response to Data Request DS-PN:001.

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 
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		? ? ? ? Subject: ? ? ? ?WP-02 Data Request


request_number: ?DS-PN:001
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 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: ?Response DS-PN:001

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.
bferranti@mbllp.com