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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