June 30, 2010
Mr. Jim R. Fletcher
Manager, Regulatory Affairs
Georgia Power Company
Regulatory Affairs Bin 10230
241 Ralph McGill Blvd., N.E.
Atlanta, Georgia 30308-3374
RE: Docket No. 31958 / Georgia Power Company’s 2010 Rate Case
First Set of Data Requests from Commission Staff (STF-KCI-1)
Dear Mr. Fletcher:
Enclosed herewith, please find Commission Staff Data Request STF-KCI-1. Georgia
Power’s initial responses to this Data Request package are requested as soon as possible, but not
later than July 30, 2010.
If you have any questions concerning this transmittal, please contact Rob Trokey at 404656-4549.
Sincerely,
Rob Trokey
Utilities Analyst
BEFORE THE GEORGIA PUBLIC SERVICE COMMISSION
In the Matter of
)
)
)
)
Georgia Power Company’s
2010 Rate Case
Docket No. 31958
STAFF'S FIRST SET OF DATA REQUESTS TO
GEORGIA POWER COMPANY
TO:
Mr. Jim R. Fletcher
Manager, Regulatory Affairs
Georgia Power Company
Regulatory Affairs Bin 10230
241 Ralph McGill Blvd., N.E.
Atlanta, Georgia 30308-3374
COMES NOW the Staff of the Georgia Public Service Commission (“Commission”)
and, pursuant to the authority vested in it by the Commission pursuant to O.C.G.A. § 46-2-57,
herein propounds the following interrogatories and requests for production of documents
(collectively, “data requests”), to be answered under oath by designated representatives or
agents of Georgia Power Company. Staff requests that a complete set of the responses and
supporting documents be filed with the Commission’s Executive Secretary in the manner set
forth in Utility Rule 515-2-.04(4). Staff requests that an original and five (5) copies be filed with
the Executive Secretary of the Commission. Accompanied therewith shall be an electronic
version of the filing, which shall be made on a 3 ½ inch diskette or a CD ROM containing
an electronic version of its filing in Microsoft Word® for text documents or Excel® for
spreadsheets.” As contemplated by law, responses to these Data Requests are expected from
Georgia Power Company on or before July 30, 2010.
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DEFINITIONS
As may be used in this document:
1. “The Company,” “Georgia Power” or “The Utility” means Georgia Power Company.
and its present and former officers, employees, agents, representatives, directors, and all
other persons acting or purporting to act on behalf of said Company.
2.
The term “you” and “your” refer to “the Company.”
3.
The term “person” means any natural person, corporation, corporate division,
partnership, other unincorporated association, trust, government agency, or entity.
4.
The term “document” or “documentation” shall have the broadest possible
meaning under applicable law. “Document” or “documentation” means every writing or record
of every type and description that is in the possession, custody or control of the Company
including, but not limited to, correspondence, memoranda, e-mails, drafts, workpapers,
summaries, stenographic or handwritten notes, studies, notices, publications, books, pamphlets,
reports, surveys, minutes or statistical compilations, computer and other electronic records or
tapes or printouts, including, but not limited to, electronic mail files; and copies of such writing
or records containing any commentary or notation whatsoever that does not appear in the
original. The term “document” or “documentation” further includes, by way of illustration and
not limitation, schedules, progress schedules, time logs, drawings, computer disks, chart
projections, time tables, summaries of other documents, minutes, surveys, work sheets, drawings,
comparisons, evaluations, laboratory and testing reports, telephone call records, personal diaries,
calendars, personal notebooks, personal reading files, transcripts, witness statements and indices.
5.
The term “referring or relating to” means consisting of containing mentioning,
suggesting, reflecting, concerning, regarding, summarizing, analyzing, discussing, involving,
dealing with, emanating from, directed at, pertaining to in any way, or in any way logically or
factually connected or associated with the matter discussed.
6.
“And” and “or” as used herein shall be construed both conjunctively and
disjunctively and each shall include the other whenever such construction will serve to bring
within the scope of these discovery requests any information that would not otherwise be brought
within their scope.
7.
The singular as used herein shall include the plural and the masculine gender shall
include the feminine and the neuter.
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8.
“Identify” or “identifying” or “identification” when used in reference to a person
other than a natural person means to state: the full name of the person and any names under
which it conducts business; the present or last known address of the person; and, the present or
last known telephone number of the person.
9.
“Identify” or “identifying” or “identification” when used in reference to a
document means to provide with respect to each document requested to be identified by these
discovery requests a description of the document that is sufficient for purposes of a request to
produce or a subpoena duces tecum, including the following:
a)
the type of document (e.g., letter, memorandum, etc.);
b)
the date of the document; the title or label of the document;
c)
the Bates number or other identifier used to number the document for use in
litigation; the identity of the originator;
d)
the identity of each person to whom it was sent;
e)
the identity of each person to whom a copy or copies were sent;
f)
a summary of the contents of the document;
g)
the name and last known address of each person who presently has possession,
custody or control of the document;
h)
if any such document was, but is no longer, in your possession, custody or
control or is no longer in existence, state whether it: (1) is missing or lost; (2) has
been destroyed; or (3) has been transferred voluntarily or involuntarily, and if so,
state the circumstances surrounding the authorization for each such disposition
and the date of such disposition.
11.
“Identify”, “identifying” or identity” when used in reference to a communication
should be read to include information regarding the date of the communication, whether the
communication was written or oral, the identity of all parties and witnesses to the
communication, the substance of what was said and/or transpired and, if written, the identity
of the document(s) containing or referring to the communication.
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INSTRUCTIONS
1.
If you contend that any response to any data request may be withheld under the
attorney-client privilege, the attorney work product doctrine or any other privilege or basis,
please state the following with respect to each such response in order to explain the basis for the
claim of privilege and to permit adjudication of the propriety of that claim:
a)
the privilege asserted and its basis.
b)
the nature of the information withheld;
c)
the subject matter of the document, except to the extent that you claim it is
privileged.
2.
The answers provided should first restate the question asked and also
provide the name of the Company emloyee(s) or agents responsible for compiling and
providing the information contained in each answer.
3.
These data requests are to be answered with reference to all information in your
possession, custody or control or reasonably available to you. These discovery requests are
intended to include requests for information, which is physically within your possession, custody
or control as well as in the possession, custody or control of your agents, attorneys, or other third
parties from which such documents may be obtained.
4.
If any data request cannot be responded to or answered in full, answer to the extent
possible and specify the reasons for your inability to answer fully.
5.
These data requests are continuing in nature and require supplemental responses
should information unknown to you at the time you serve your responses to these interrogatories
subsequently become known.
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Docket No. 31958
Georgia Power Company’s 2010 Rate Case
STF-KCI-Data Request Set Number 1
______________________________________________________________________________
Clean Air Act & Environmental Capital Costs
STF-KCI-1-1
Please identify the environmental issues that are addressed in Docket No.
31958 and all Orders that the Georgia Public Service Commission has issued
regarding these issues.
STF-KCI-1-2
Please provide the dates by which the Company believes that the federal and
state environmental regulations require it to implement each of the
environmental projects whose cost is included in the Company’s revenue
requirement request in this proceeding.
STF-KCI-1-3
Please provide the details of all capital costs, deferred taxes, expenses and any
other financial components claimed by the Company in this proceeding that
pertain to meeting the requirements of the 1990 Clean Air Act, the amended
Clean Water Act of 1977, other environmental statutes/regulations of the
federal and/or state governments and specify the nexus to those Acts and/or
those statutes/regulations.
STF-KCI-1-4
Please provide the dates of the establishment and implementation of each
conceptual design for each of the environmental projects whose cost is included
in the Company’s revenue requirement request in this proceeding.
STF-KCI-1-5
Please provide the quality design, complete scope packages, timing schedule
and budget for each of the environmental projects whose costs are included in
the Company’s revenue requirement request in this proceeding.
STF-KCI-1-6
Please provide the latest forecast and tracking of schedules and budgets for each
of the environmental projects whose cost is included in the Company’s revenue
requirement request in this proceeding.
STF-KCI-1-7
Please provide the Retail Revenue Requirement Summary of Environmental
Costs for each unit of electric generating plant facilities claimed by the
Company in this proceeding.
STF-KCI-1-8
For each unit of electric generating plant facilities having environmental costs
proposed to be recovered by the Company in this proceeding, please explain in
detail how each unit is to comply with Georgia’s State Implementation Plan
(“SIP”) and National Ambient Air Quality Standards pertaining to Carbon
Monoxide (“CO”), Lead (“Hg”), Nitrogen Dioxide (“NO2”), Particulate Matter
(“PM10” and “PM2.5”), Ozone (“O3”) and Sulfur Oxides (“SOX”).
STF-KCI-1-9
Please provide the Net Georgia Power Company Ownership Percentages for
each electric generating plant unit having environmental costs proposed to be
recovered by the Company in this proceeding.
-6-
Docket No. 31958
Georgia Power Company’s 2010 Rate Case
STF-KCI-Data Request Set Number 1
______________________________________________________________________________
STF-KCI-1-10
Please provide a copy of the Company’s latest compliance report issued to State
and/or Federal agencies for each electric generating facilities unit having
environmental costs proposed to be recovered by the Company in this
proceeding and explain in detail how the Company is meeting deficiencies (if
any) in meeting compliance requirements.
STF-KCI-1-11
Please provide the operating life estimate and the depreciation life estimate for
each of the environmental capital cost projects included by the Company in its
filing in this proceeding and state whether and how these life estimates differ
from those used by other electric utilities or exempt wholesale generators
STF-KCI-1-12
Please provide the incremental number of employees and their relevant costs
necessary to operate each of the environmental capital cost projects included by
the Company in its filing in this proceeding.
STF-KCI-1-13
Please provide a copy of the Company’s plans to reasonably assure that the
necessary labor would be available to construct each of the environmental
projects whose cost is included in the Company’s revenue requirement request
in this proceeding.
STF-KCI-1-14
Please provide the specific type(s) of fuel used at each of the units at the plants
at which substantial pollution control facilities will be installed and whose costs
are included in the Company’s revenue requirement request in this proceeding.
STF-KCI-1-15
Please provide a copy of the Company’s current environmental “compliance
strategy” highlighting any and all changes made to such strategy during the
period April 1, 2008 to present.
STF-KCI-1-16
Please describe in detail how the Company’s most recent environmental
compliance strategy has considered the effects of any potential CO2 emission
reduction requirements at the federal, regional or state levels.
STF-KCI-1-17
Please provide a copy of all studies and analyses which the Company has
undertaken, or had undertaken on its behalf, regarding all of the alternatives
considered by the Company regarding its compliance strategy to address the
requirements of the 1990 Clean Air Act, and other environmental
statutes/regulations of the federal and/or state governments, compared to the
projects selected by the Company whose cost is included in the Company’s
revenue requirement request in this proceeding.
Specifically relate each
alternative considered to the related project selected by the Company. Please
be sure to include, but not be limited to, all resource options (both demand-side
and supply-side), cost estimates, assumptions, technology assessments,
sensitivity analyses and formulae supporting the calculation of equivalent and
present values, market prices of various fuels, emission allowances, allocations,
conclusions reached and reasons for rejection of alternative compliance options,
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Docket No. 31958
Georgia Power Company’s 2010 Rate Case
STF-KCI-Data Request Set Number 1
______________________________________________________________________________
agreements and/or technologies, as well as all other documentation set forth in
Commission Rule 515-3-4-.04 (2)(d).
STF-KCI-1-18
In each instance in this proceeding, where environmental controls were added
that do not add to the Company’s generating capacity, please provide a detailed
explanation why each of the particular plants involved were not re-powered
using an alternate fuel or cleaner method of generating electricity (other than
emission control add-ons).
STF-KCI-1-19
Regarding mercury capture equipment whose costs are proposed to be
recovered by the Company in this proceeding, please provide the “desired
mercury reduction” levels to be achieved by such equipment at each of the units
of the Company’s electric generating plant facilities.
STF-KCI-1-20
Please provide the Company’s history, from 2008 to present, of purchase
allowances needed to comply with the Clean Air Interstate Rule and the Clean
Air Mercury Rule by plant unit, also, please provide the Company’s latest
estimate of Clean Air Interstate Rule and Clean Air Mercury Rule purchase
allowances pertaining to each of the environmental projects whose cost is
included in the Company’s revenue requirement request in this proceeding and
state whether the cost of purchase allowances is included in the Company’s
revenue requirement request in this proceeding, and if affirmative, specifically
where in the Company’s filing it is located.
STF-KCI-1-21
Please provide the specific parameter(s) of the Purchased Power Capacity Costs
which are being certified for environmental reasons for each unit of the electric
generating plant facilities having environmental costs proposed to be recovered
by the Company in this proceeding.
STF-KCI-1-22
Please provide the details of the quantification of the financial risk effects,
transmission costs, operations and maintenance expenses and other significant
costs associated with each of the purchase power agreements entered into for
environmental reasons and included in the Company’s revenue requirement
request in this proceeding.
STF-KCI-1-23
Please provide a copy of the formal bidding procedures used by the Company
to obtain purchased power and other projects whose costs are proposed to be
recovered in the Company’s revenue requirement in this proceeding to meet
environmental requirements of the Clean Air Act and or other environmental
statutes/regulations of the Federal and/or State government.
STF-KCI-1-24
Regarding any environmental remediation expenditures the Company may be
requesting in this proceeding (MGP, Superfund, Hazardous Waste, etc.), please
provide a breakdown of these costs, by each of the component parts, for each
year of the current rate plan; with year-to-date totals for the historic test year
and each of the subsequent years of the rate plan proposed by the Company.
The breakdown of each rate year’s expenditures should:
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Docket No. 31958
Georgia Power Company’s 2010 Rate Case
STF-KCI-Data Request Set Number 1
______________________________________________________________________________
a. identify the site being remediated and specify where in the
Company’s filing the costs are proposed to be recovered;
b. detail the remediation actions performed at each site;
c. identify the costs incurred for each remediation action undertaken
during the rate year, as well as what portion of the costs are internal
costs and what portion are external costs; and
d. identify the start date and completion date for each remediation
action. If the remediation is not complete, identify the projected
completion date and percentage complete at the end of the test
period.
STF-KCI-1-25
Please identify the particular statute (for example, the Georgia Hazardous
Waste Management Act, O.G.C.A. §12-8-60, et seq.) which requires the actions
giving rise to the expenditures noted in the immediately preceding question.
STF-KCI-1-26
Is the schedule of the remediation projects which costs are proposed to be
recovered in this proceeding, the result of a formal agreement(s), or did the
Company have any discretion in setting the proposed remediation activities? If
the schedule is a result of formal agreement or statute, please provide a copy of
such agreement and/or cite to the relevant statute.
STF-KCI-1-27
Has the Company explored tax or other incentives offered by any State and/or
Federal agencies or insurance recoveries for its environmental remediation
activities and/or determined if any of its sites are eligible for such incentives or
recoveries? If not, why not? If so:
a. please provide the sites to which the tax or other incentives or
recoveries apply?
b. has the Company made an application to receive any incentives
and/or recoveries regarding any environmental remediation
expenditures? If so, please provide the status of such applications
and provide copies of any notifications received from the relevant
agency(ies) and or insurance companies. If the Company has not
made any applications for such incentives and/or recoveries, but has
determined that its sites are eligible for such, please provide a
detailed explanation of why the Company has not initiated this
process.
c. please specify where in the Company’s filing the incentives and/or
recoveries are being applied.
STF-KCI-1-28
Please provide the details regarding any environmental fines and/or legal
judgments included in the Company’s revenue requirement and/or policy
proposals in this proceeding.
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Docket No. 31958
Georgia Power Company’s 2010 Rate Case
STF-KCI-Data Request Set Number 1
______________________________________________________________________________
STF-KCI-1-29
Please provide a copy of documents submitted by the Company in Docket No.
25060 which disagree or are at odds with (i) any of the documents filed by the
Company in this proceeding or (ii) any response of the Company to
interrogatories asked of it in this proceeding regarding Clean Air Act or
Environmental issues; and, a detailed explanation of why such variance(s)
exist(s).
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BEFORE THE GEORGIA PUBLIC SERVICE COMMISSION
In Re:
Georgia Power Company’s
2010 Rate Case
)
)
)
)
Docket No. 31958
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Staff’s Data Request STF-KCI-1 in the above-referenced
docket was filed with the Commission's Executive Secretary, an electronic copy of same was served
upon all parties and persons listed below via electronic mail, or unless otherwise indicated, as follows:
Reece McAlister*
Executive Secretary
Georgia Public Service Comm.
244 Washington Street, SW
Atlanta, GA 30334
Jim Fletcher
Manager, Regulatory Affairs
Georgia Power Company
Bin 10230
241 Ralph McGill Boulevard, NE
Atlanta, GA 30308-3374
Kevin Greene, Esq.
Troutman Sanders
NationsBank Plaza
600 Peachtree Street, NE
Suite 5200
Atlanta, GA 30308
Daniel Walsh *
Office of the Attorney General
Department of Law
40 Capital Square
Atlanta, GA 30334
Tisinger Vance, P.C.
Attn: Richard G. Tisinger, Sr., Esq.
100 Wagon Yard Plaza
P.O. Box 2069
Carrollton, GA 30112
Rachel Young
Georgia Electric Membership Corporation
Suite 710
75 Fifth Street, N.W.
Atlanta, GA 30308
So certified, this 30th day of June 2010.
____________________________________
Rob Trokey
Utilities Analyst