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- FIRST SET OF DISCOVERY REQUESTS OF POWEREX CORP. TO THE CALIFORNIA INDEPENDENT SYSTEMS OPERATOR CORPORATION
- INSTRUCTIONS
T Deanna E. King Partner 512.494.3612 Office 512.479.3912 Fax deanna.king@bgllp.com Bracewell & Giuliani LLP 111 Congress Avenue Suite 2300 Austin, Texas 78701-4061  exas
New York Washington, DC Connecticut Seattle Dubai London August 3, 2012 Daniel Shonkwiler California Independent System Operator Corporation 250 Outcropping Way Folsom, CA 95630 Michael N. Kunselman Alston & Bird The Atlantic Building 950 F Street, NW Washington, D.C. 20004-1404 Re: Puget Sound Energy, Inc., et al. v. All Jurisdictional Sellers of Energy and/or Capacity at Wholesale Into Electric Energy and/or Capacity Markets in the Pacific Northwest, Including Parties in the Western Systems Power Pool Agreement, Docket No. EL01-10-085, Powerex Corp.'s First Set of Discovery Requests to the California Independent Systems Operator Corporation Dear Messrs. Shonkwiler and Kunselman: Enclosed please find the First Set of Discovery Requests of Powerex Corp. to the California Independent Systems Operator Corporation (“CAISO”). Please contact Shelby Kelley if you have any questions regarding these Requests. Very truly yours, Bracewell & Giuliani LLP
Deanna E. King Attorneys for Powerex Corp. UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION
FIRST SET OF DISCOVERY REQUESTS OF POWEREX CORP. TO THE CALIFORNIA INDEPENDENT SYSTEMS OPERATOR CORPORATION August 3, 2012 Pursuant to 18 C.F.R. § 385.406 (2011), Powerex Corp. ("Powerex") hereby submits its First Set of Discovery Requests to the California Independent Systems Operator Corporation ("Recipients," “CAISO,” or "You"). In accordance with the Discovery Time Standards and the Order Establishing Procedural Schedule, Scheduling Prehearing Conference, and Ruling on Motion, issued on July 16, 2012 (“Scheduling Order”), all written and documentary responses to these discovery requests are due no later than ten business days from today, making responses, as well as any objections, due no later than August 17, 2012. Please provide a copy of each response to: Shelby J. Kelley Bracewell & Giuliani LLP 2000 K St., NW, Ste. 500 Washington, D.C. 20006-1872 (202) 828-5859 shelby.kelley@bgllp.com Robert M. Crowley Bracewell & Giuliani LLP 701 Fifth Avenue, Suite 6200 Seattle, WA 98104 (206) 204-6224 robert.crowley@bgllp.com INSTRUCTIONS These Discovery Requests require the Recipients to produce data and documents within their possession, custody, or control. Possession, custody, or control includes constructive possession such that the Recipients need not have actual physical possession. As long as the Recipients have a superior right to compel the production from a third party (including an agency, authority, or representative), the Recipients have possession, custody, or control of the requested data and documents. The Recipients are requested to produce the data and documents in the form specified in the specific request, where applicable. Where no form is specified, the Recipients are requested to provide the data in either Microsoft Word format or in searchable Adobe PDF. For spreadsheets and other numerical data, Excel should be used if possible. If the Recipients are unable to provide the data in Word or Adobe or Excel, explain your reasons for failing to provide in any of the above-standard forms. Documents should be organized and labeled to correspond to these data requests. If a Discovery Request specifically seeks an answer or an explanation in response, rather than the production of documents, an answer or an explanation is required. The production of documents alone is not sufficient. If the Recipients do not now have data or documents responsive to a particular Discovery Request, but later obtain possession, custody, or control of such data or documents, the Recipients are requested to furnish such data and/or documents immediately thereafter. If the Recipients cannot respond to a Discovery Request completely, the Recipients are to provide the answer to the extent possible, explain why the Recipients cannot respond to the Discovery Request completely, and provide all information and knowledge in the Recipients’ possession, custody, or control regarding the incomplete response. Each of these Discovery requests shall be considered to be continuing in nature and to require supplemental responses when new, different, or further information that is the subject of the Discovery Requests is obtained by the Recipients. For each supplemental response, the Recipients should specify the date upon which such new, different, or further information was obtained, as well as from whom and by whom such information was obtained. If any data or document responsive to any Discovery Request is unavailable, the Recipients are to identify the data or document, provide an explanation concerning why the data or document is unavailable, and state where the data or document can be obtained. If any data or document responsive to any Discovery Request has been destroyed and thus is not available, the Recipients are to state when and explain why such data or document was destroyed, identify the person(s) directing the destruction, and identify and produce all data and documents relevant to such destruction and explanation. If a claim is made that the destruction occurred pursuant to the Recipients’ document destruction program, the Recipients are to identify and produce a copy of the guidelines, policy, or company manual describing such document destruction program, and any documents, correspondence, or communications relating to the destruction of responsive data, documents, records, or other information. Where the data or other documents responsive to a Discovery Request were created in or exist in electronic form, the response should be provided in electronic, machine-readable form. For spreadsheets and other numerical data, Excel should be used if possible. If unable to provide in Excel format, explain why. If you are producing data using proprietary or non-standard software, please identify the software and explain why you cannot provide the data in Excel format. For all electronic data provided in response to these Discovery Requests, provide all available documentation explaining the data sets, the data variables, and all relevant calculations. For each document produced or identified in a response that is computer generated, the Recipients are to state separately (a) what types of data, files, or tapes are included in the input and the source thereof; (b) the form of the data that constitutes machine input (e.g., punch cards, tapes); (c) a description of the recordation system employed (including program descriptions, flow charts, etc.); and (d) the identity of the person(s) in charge of the collection of input materials and the processing of input materials, (e) the data bases utilized, and (f) the programming to obtain the output. If, in the course of responding to these Discovery Requests, the Recipients determine that any instruction, definition, or Discovery Request is ambiguous, efforts should be made to contact counsel for Powerex for any necessary clarification. In any such case, the response should set forth the language you feel is ambiguous and the interpretation you are using in responding to the Discovery Request. Each document produced shall be an authentic original document or a true duplicate of an authentic original document. For each Discovery Request, the Recipients are to provide the names of all individuals responsible for providing the response and provide the certification of the response as required by 18 C.F.R. § 385.403(c). Nothing in these Instructions should be construed to modify or diminish the requirements for discovery set forth in any Order issued in this proceeding. DEFINITIONS As used herein: "You" or "your" or "Recipients" or “CAISO” refer to the California Independent Systems Operator Corporation together with its consultants, employees, agents, representatives, officers and directors, and any other person acting on its behalf, including any affiliate, division, department, predecessor, corporation, or partnership through which it now conducts or has conducted its business affairs. “CDWR” refers to the California Department of Water Resources acting under the authority and powers created by California Assembly Bill 1 of the First Extraordinary Session of 2001-2002 (codified in sections 80000 through 80270 of the California Water Code), including its California Energy Resources Scheduling Division (“CERS”), together with its consultants, employees, agents, representatives, contract personnel, officers and directors, and any other person acting on its behalf, including any affiliate, division, department, predecessor, corporation, or partnership through which it now conducts or has conducted its business affairs. “Communication” shall include every means or manner of meeting, telephone call, conversation, letter, memorandum, document, or other form of communication, whether verbal or nonverbal. "Document" is used in its broadest sense and shall mean and include all written, printed, typed, recorded, or graphic matter of every kind and description and all attachments and appendices thereto including, but not limited to all testimony, exhibits, memoranda, correspondence, forms, workpapers, information, data, reports (including drafts, preliminary, intermediate, and final reports), studies, surveys, analyses, tables, charts, summaries, graphs, tabulations, plans, books, publications, periodicals, photographs, maps, pamphlets, bulletins, notes, letters, e-mails, instant text messages, blog posts, internal electronic instant messages, diaries, computer print-outs, computer data and files, CDs, DVDs, external hard drives or other external electronic storage devices, press releases, log sheets, ledgers, accounting statements, microfilms, microfiche, vouchers, diagrams, facsimiles, telegrams, telexes, messages, transcripts, accounting statements, or any other record, written, printed, typed, or recorded. "Document" includes every copy of a document which contains handwritten or other notations or which otherwise does not duplicate the original or any other copy. "Document" includes copies of documents, where the originals are not in your possession, custody, or control. "Document" also includes any attachments or appendices to any document. "Identification" and "Identify" mean: When used with respect to a document, stating the nature of the document (e.g., letter, memorandum, corporate minutes); the date, if any, appearing thereon; the date, if known, on which the document was prepared; the title of the document; the general subject matter of the document; the number of pages comprising the document; the identity of each person who signed or initialed the document; the identity of each person to whom the document was addressed; the identity of each person who received the document or reviewed it; the location of the document; and the identify of each person having possession, custody, or control of the document. When used with respect to a person, stating his or her full name; his or her most recent known home address, e-mail address, and telephone number; his or her present title and position; and his or her present or prior connections with any participant or party to this proceeding. "Person" means, without limiting the generality of its meaning, every natural person, partnership, association (whether formally organized or ad hoc), corporation, joint venture, or other legal business entity, as well as any governmental entity or agency. "Reflects" or "relates to" or ‘refers to” or "concerns" or "pertains to" means consists of, refers to, comprises, reflects, discusses, underlies, comments upon, involves, forms the basis for, analyzes or mentions or is in any way connected to the subject of the data request. The words "and" and "or" should be construed either conjunctively or disjunctively as necessary to include information within the scope of a Discovery Request, rather than to exclude information therefrom. The singular form of a word shall be interpreted as plural and the plural form of a word shall be interpreted as singular whenever appropriate in order to bring within the scope of these Discovery Requests any information or documents which might otherwise be considered beyond their scope. FIRST SET OF DISCOVERY REQUESTS OF POWEREX CORP. TO THE CALIFORNIA INDEPENDENT SYSTEMS OPERATOR CORPORATION Please produce all organizational charts for the CAISO for the time period December 25, 2000 through June 20, 2001. Please produce copies of any and all tapes of recorded conversations between CDWR or CERS personnel and anyone else occurring between January 17, 2001 and June 20, 2001, inclusive, that were described in the CAISO Market Notice titled “California ISO Tariff Section 20 Notice of Subpoena for Recorded Calls” dated September 3, 2009 in regard to a subpoena issued by the California Department of Water Resources in the matter of California Department of Water Resources v. Powerex Corp., (E.D. Cal.), Case No. 2:05-CV-00518-GEB-EFB. Please produce all e-mails, including any attachments or appendices, in your possession, custody or control created during December 25, 2000 through June 20, 2001 that include the following individuals and that refer to, relate to, or otherwise concern Powerex Corp. and/or CDWR: Ziad Alaywan Alan Amark Boyd Busker Keith Casey Terry Dennis Jim Detmers Kellan Fluckiger Don Fuller Eric Hildebrandt Ty Larson Zora Lazic Eric Lueze Jim MacIntosh Ed Riley Mark Rothleder Elena Schmid Anjali Sheffrin Chris Sibley Bob Sullivan Nancy Traweek Terry Winter Byron Woertz Please produce your responses to data requests submitted by any other party in this proceeding. 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