Control Number : 45188
Item Number : 195
Addendum StartPage: 0
SOAH DOCKET NO. 473-16-0478
PUC DOCKET NO. 45188
Pl i 2• C
JOINT REPORT AND APPLICATION
OF ONCOR ELECTRIC DELIVERY
COMPANY LLC, OVATION
ACQUISITION I, LLC, OVATION
ACQUISITION II, LLC, AND SHARY
HOLDINGS, LLC FOR REGULATORY
APPROVALS PURSUANT TO PURA §§
14.101, 37.154, 39.262(l)-(m), AND 39.915
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BEFORE THE S^ATE OFFIC,E,
OF
ADMINISTRATIVE HEARINGS
GEXA ENERGY LP'S SECOND REQUEST FOR INFORMATION AND REQUEST
FOR PRODUCTION TO ONCOR ELECTRIC DELIVERY COMPANY, LLC
To:
Oncor Electric Delivery Company, LLC, through its attorneys of record, Matthew C.
Henry, Richard L. Adams, Jo Ann Biggs, Vinson & Elkins LLP, 2001 Ross Avenue, Suite
3700, Dallas, Texas 75201.
Gexa Energy, LP ("Gexa Energy") requests that Oncor Electric Delivery Company, LLC
("Oncor") provide all of the information requested in this Second Request for Information ("RFI")
and serve a copy of its responses upon the undersigned attorney within ten (10 )calendar days from
the date of service. It is further requested that the requests be answered in the order in which they
are presented and in as much detail as needed to fully present all relevant facts. You are requested
to copy the request immediately above the response to each request. For each response, please
identify the preparer or person under whose direct supervision the response was prepared, and the
testifying witness able to testify regarding the response. All responses must be filed under oath,
unless the responding party stipulates in writing that responses to requests for information can be
treated by all parties as if the answers were filed under oath.
In producing documents pursuant to this Request, please indicate the specific request(s) to
which the document is being produced.
These requests are continuing in nature. If you acquire information upon the basis of which
you know or should know that the response was incorrect when made, or though correct or
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complete when made, is materially incorrect or incomplete, you are required to amend the prior
response within five (5) working days of acquiring the information.
DEFINITIONS AND INSTRUCTIONS
A.
"Oncor Electric Delivery Company" or "Oncor" refers to its parents, affiliates and
subsidiaries, and any person acting or purporting to act on its behalf, including without limitation,
attorneys, agents, advisors, investigators, representatives, employees or other persons.
B.
"Applicants" refers to Oncor Electric Delivery Company, Ovation Acquisition I,
LLC, Ovation Acquisition II, LLC, or Shary Holdings, LLC, and their affiliates subsidiaries and
any person acting or purporting to act on their behalf, including without limitation, attorneys,
agents, advisors, investigators, representatives, employees or other persons.
C.
The terms "document" or "documents" are used in their broadest sense to include,
by way of illustration and not limitation, all written or graphic matter of every kind and description
whether printed, produced, reproduced or stored by any process whether visually, magnetically,
mechanically, electronically or by hand, whether final or draft, original or reproduction, whether
or not claimed to be privileged or otherwise excludable from discovery, and whether or not in your
actual or constructive possession, custody, or control. The terms include writings, correspondence,
telegrams, memoranda, studies, reports, surveys, statistical compilations, notes, calendars, tapes,
computer disks, data on computer drives, e-mail, cards, recordings, contracts, agreements,
invoices, licenses, diaries, journals, accounts, pamphlets, books, ledgers, publications, microfilm,
microfiche and any other data compilations from which information can be obtained and
translated, by you if necessary, into reasonably usable form. The definition includes electronic
information that has been deleted. "Document" or "documents" shall also include every copy of
a document where the copy contains any commentary or notation of any kind that does not appear
on the original or any other copy. Inclusion in a request of specific kinds of documents, when in
addition to the term "document," does not limit the kinds of documents that are to be provided,
and reference to this definition should be made to assist complete production.
D.
Pursuant to Rule 196.4 of the Texas Rules of Civil Procedure, Gexa specifically
requests that any electronic or magnetic data (which is included in the definition of "document")
that is responsive to a request herein be produced on CD-ROM in a format that is compatible with
Adobe Acrobat, Microsoft Office and/or WordPerfect and be produced with your response to these
requests. Gexa further requests that Oncor produce electronic copies of all paper documents,
including any metadata attached to such documents, and produce all electronic originals or all
responsive documents.
E.
The terms "and" and "or" shall be construed both disjunctively and conjunctively
as necessary to make the request inclusive rather than exclusive.
F.
"Each" shall be construed to include the word "every" and "every" shall be
construed to include the word "each."
« any. ,^
G.
"Any" shall be construed to include "all" and "all" shall be construed to include
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The term "concerning," or one of its inflections, includes the following meanings:
H.
relating to; referring to; pertaining to; regarding; discussing; mentioning; containing; reflecting;
evidencing; describing; showing; identifying; providing; disproving; consisting of, supporting;
contradicting; in any way legally, logically or factually connected with the matter to which the
term refers; or having a tendency to prove or disprove the matter to which the term refers.
The term "including," or one of its inflections, means and refers to "including
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but not limited to."
Words used in the plural shall also be taken to mean and include the singular.
J.
Words used in the singular shall also be taken to mean and include the plural.
K.
The present tense shall be construed to include the past tense, and the past tense
shall be construed to include the present tense.
L.
If any document is withheld under any claim of privilege, please furnish a list
identifying each document for which a privilege is claimed, together with the following
information: date, sender, recipients or copies, subject matter of the document, and the basis upon
which such privilege is claimed.
M.
Pursuant to P.U.C. Proc. R. 22.144(h)(4), if the response to any request is
voluminous, please provide a detailed index of the voluminous material.
N.
If the information requested is included in previously furnished exhibits,
workpapers, responses to other discovery inquiries or otherwise, in hard copy or electronic format,
please famish specific references thereto, including Bates Stamp page citations and detailed cross
references.
Respectfully submitted,
Stephen W. Crawford
Assistant General Counsel
Gexa Energy, LP
20455 State Highway 249
Suite 200
Houston, Texas 77070
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By:
Parsley Coffin Renner LLP
98 San Jacinto Blvd., Suite 1450
Austin, TX 78701
(512) 879-0900
(512) 879-0912 (fax)
ann. co ffin@p crl lp . co m
COUNSEL FOR GEXA ENERGY, LP
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of i
record in this proceeding via e-mail, fax, hand deliver
of November, 2015.
^
Ann
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served on all parties of
mail on this the 3rd day
GEXA ENERGY, LP'S SECOND REQUEST FOR INFORMATION AND REQUEST
FOR PRODUCTION TO ONCOR ELECTRIC DELIVERY COMPANY, LLC,
OVATION ACQUISITION I, LLC,
OVATION ACQUISITION II, LLC, AND SHARY HOLDINGS, LLC
Gexa 2-1
Please refer to page 21 of the supplemental direct testimony of Mr. Ralph Goodlet,
Jr. as it relates to Issue No. 47 and Mr. Goodlet's testimony that the "[t]ransaction
is not expected to have any material effect on Oncor AssetCo's bond rating and
cost of debt." Please state whether Oncor unequivocally agrees with the conclusion
reached by Mr. Goodlet. In addition, please provide all analysis and documents
reviewed by Oncor to verify Mr. Goodlet's conclusion.
Gexa 2-2
Please refer to Oncor's Response to OPC RFI No. 1-4 at Attachment 3 filed in this
docket on October 29, 2015. Please state all facts and basis for any opinion that
there is no downside credit risk to Oncor associated with the following:
a) Oncor's conversion to a REIT structure;
b) dismantling of existing ring-fencing provisions, including special governance
rights and independent board composition;
c) potential change in rates to reflect the tax efficiencies associated with REITs;
d) potential for higher leverage on top of Oncor.
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