Control Number : 40094
Item Number: 96
Addendum StartPage : 0
SOAH DOCKET NO. 4737,"17,5 ^^i 2: 24
PUC DOCKET NO. 40094
APPLICATION OF EL PASO
ELECTRIC COMPANY TO CHANGE
RATES AND TO RECONCILE FUEL
COSTS
§
§
§
§
BEFORE THE STATE OFFICE
OF
ADMINISTRATIVE HEARINGS
COMMISSION STAFF'S SEVENTH REQUEST FOR INFORMATION
TO EL PASO ELECTRIC COMPANY
QUESTION NOS. JL 7-1 THROUGH JL 7-2
Pursuant to § 22.144 of the Commission's Procedural Rules, the Staff of the Public
Utility Commission of Texas (Staff) requests that El Paso Electric Company (EPEC) by and
through its attorneys of record, provide responses to Staff's Seventh request for information
(RFI).
Pursuant to P.U.C. PROC. R. 22.144(c)(2), Staff requests that answers to the requests for
information be made under oath.
Each answer should identify the person responsible for
preparing the answer (other than the purely clerical aspects of its preparation), and the name of
the witness in this proceeding who will sponsor the answer and guarantee its accuracy. In
producing documents pursuant to this request for information, please indicate the specific
requests(s) to which the document is being produced.
Pursuant to P.U.C. PROC. R. 22.144(i), the respondent to these requests is under a duty to
supplement any response that in light of newly discovered information modifies or makes
incomplete an answer already supplied, within five days of the discovery of the new information.
Please answer each request and sub-request in the order in which they are listed and in
sufficient detail to provide a complete and accurate answer to the request.
Provide an original and three copies of your answers to the Filing Clerk, Public Utility
Commission of Texas, 1701 N. Congress Avenue, P.O. Box 13326. Austin, Texas, 78711-3326.
DATE: March 2, 2012
Respectfully submitted,
Margaret Uhlig Pemberton
Division Director
Legal Division
Keith Rogas
Deputy Division Director
Legal Di*ion
/11
/#ftorney-Legal Division
State Bar No. 24032386
Brennan J. Foley
Attorney - Legal Division
State Bar No. 24055490
Davida Dwyer
Attorney - Legal Division
State Bar No. 24052120
Joseph P. Younger
Attorney-Legal Division
State Bar No. 24037761
(512) 936-7295
(512) 936 7268 (facsimile)
Public Utility Commission of Texas
1701 North Congress Avenue
P.O. Box 13326
Austin, Texas, 78711-3326
CERTIFICATE OF SERVICE
I certify that a copy of this document will be served on all parties of record on March 2,
2012, in accordance with P.U.C. Procedural Rule 22.74.
Aew'9^A L N
Ja n Haas
Docket No. 40094
Commission Staff's 7'" RFI to EPEC
Page 2 of 6
SOAH DOCKET NO. 473-12-4275
PUC DOCKET NO. 40094
DEFINITIONS AND INSTRUCTIONS
"Applicant," "you," or "EPEC" refers to El Paso Electric Company its affiliates and any
person acting or purporting to act on its behalf including without limitation: subsidiaries,
attorneys, agents, advisors, investigators, representatives, employees or other persons.
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 or reproduced 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 form discovery,
and whether or not in your actual or constructive possession, custody, or control. The terms
including writings, correspondence, telegrams, memoranda, studies, reports, surveys, statistical
compilations, notes, calendars, tapes, computer disks, electronic storage of any type, data on
computer drives, e-mails, 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. "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.
Pursuant to Rule 196.4 of the Texas Rules of Civil Procedure, Staff 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
Microsoft Office software and be produced with your response to these requests.
The terms "and" and "or" shall be construed as either disjunctive or conjunctive as
necessary to make the request inclusive rather than exclusive.
"Each" shall be construed to include the word "every" and "every" shall be construed to
include the word "each."
"Any" shall be construed to include "all" and "all" shall be construed to include "any."
The term "concerning" includes the following meanings: relating to; pertaining to;
regarding; discussing; mentioning; containing; reflecting; evidencing; describing; showing;
Docket No. 40094
Commission Staff's 7°i RFI to EPEC
Page 3 of 6
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" means and refers to "including but not limited to."
Words used in the plural shall also be taken to mean and include the singular.
Words
used in the singular shall also be taken to mean and include the plural.
The present tense shall be construed to include the past tense, and the past tense shall be
construed to include the present tense.
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 of copies, subject matter of the document, and the basis upon which such
privilege is claimed.
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.
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
furnish specific references thereto, including Bates Stamp page citations and detailed crossreferences.
Docket No. 40094
Commission Staff's 7'" RFI to EPEC
Page 4 of 6
SOAH DOCKET NO. 473-12-4275
PUC DOCKET NO. 40094
COMMISSION STAFF'S SEVENTH REQUEST FOR INFORMATION
TO EL PASO ELECTRIC COMPANY
QUESTION NOS. JL 7-1 THROUGH JL 7-2
JL 7-1
Please refer to schedule G-8 pages 1-12. For all the individual account items listed below,
please provide the monthly expenses incurred from these sources for the past five years
including the test year. Please make certain that the schedule provided for the test year
reconciles with the accounts as provided in schedule G-8 and that the other schedules are
provided in similar format as the test year with FERC accounts. In addition, please provide
similar information for the months subsequent to the test year as data becomes available.
Vendor
1.
2.
3.
4.
5.
6.
Description
FERC#
TY Amount
Requested
Pricewaterhouse Coopers LLP
Wortham Insurance
Accrual for Expansion Studies
Berenson & Company LLC
BNY Brokerage Incorporated
Dyonyx
Benefit Plan
Insurance Plan
Acrrual for Exp
Various
Brokerage Ser
Information T
926
926
935
923
923
905
$258,714
$126,902
$164,656
$233,936
$183,298
$482,718
7. Dyonyx
8. HR Survey Com LLC
9. ICE US OTC Commodity Markets
Information T
Survey
Brokerage Ser
923
923
923
$842,725
$11,209
$10,160
10. Intercontinental Exchange Inc
11. Management Application Cons
12. Meridian Compensation
13. Sanders Wingo Advertising
14. Sungard Computer Services
Brokerage Ser
Regulatory Con
Executive Com
Advertising Ser
Information T
923
928
923
923
923
$50,000
$43,572
$124,987
$647,936
$203,876
15. Tucker, Gerald W
Regulatory
928
$122,233
16. Winner & Associates
17. Monroe Vos Investment
18. Russell Reynolds Associates
Consulting
Inv Service
Exe Search
923
923
923
$565,303
$ 39,000
$158,332
19. Accruals and Reversals for Various Acccruals
923
$ 56,776
20. Ninyo & Moore
21. URS Corporation Inc
Environ Serv
Engineer Serv
923
923
$ 45,250
$ 60,913
22. KPMG Accrual
23. KPMG LLP
24. Dominquez Sheet Metal
External Audit
External Audit
Metal Fabric
923
923
935
$1,059,500
$ 143,089
$ 11,076
25. Texas UBS Incorporate
26. Texas UBS Incorporate
27. Goetting Construction Co
28. Progressive Roofing
Janitorial
Janitorial
Repair & Main
Roof Repair
921
935
935
935
$101,132
$100,416
$ 95,584
$ 17,452
29. Deloitte & Touche LLP
Internal Audit
923
$500,539
Docket No. 40094
Commission Staffs 7ih RFI to EPEC
Page 5 of 6
JL 7-2
30. Accruals and Reversals
Accruals
31. Dyonyx
Information T
923
32. Mercury Technology
$3,081,657
Information T
923
$ 157,320
923
$509,659
33. Barton Law Office
Various
926
$ 174,053
34. Brude Gentile & Marcoux
Various
928
$291,298
35. Childress Randall W PC
36. Childress, Randall W PC
37. Clark Thomas & Winters PC
38. Clark Thomas & Winters PC
39. Davis Polk & Wardwell
Various
Various
Various
Various
Various
923
928
923
928
923
$ 170,966
$ 155,084
$309,658
$278,308
$540,879
40. Duggins Wren Mann & Romero
41. Duggins Wren Mann & Romero
Various
Various
923
928
$365,534
$53,217
42. Fulbright and Jaworski
43. Gardere Waynne Sewell LLP
44. Hance Scarborough LLP
45. Jackson Walker LLP
46. Jones Day
47. Kemp Smith LLP
48. McGuireWoods LLP
Various
Various
Various
Various
Various
Various
Various
923
923
923
923
923
923
923
$40,143
$60,801
$48,187
$21,614
$145,264
$ 60,913
$ 56,441
49. Montgomery & Andrews
Various
923
$ 43,985
50. Nuschler, Robin M Esq
Various
51. Olgetree Deakins Nash Smoak & S Various
52. Perkins Cole LLP
Various
923
923
923
$265,126
$284,715
$ 40,780
53. Ray Valdez McChristian & Jeans
54. Schiff Hardin LLP
Various
Various
923
923
$ 63,504
$108,768
55. Schulz & Schulz PC
56. Sidley Austin LLP
57. Deliotte & Touche LLP
58. Accruals for Sub -Digital Insp
Various
Various
Various
Security
923
923
923
921
$ 40,082
$ 63,995
$713,938
$109,303
59. Ceridian Corporation
Payroll Pro
923
$324,276
60. Fiserv
Bill Pro
903
$255,385
61. Holguins Electric Company
Electric Service
902
$282,614
62. JB Morgan Chase
Bank Service
903
$534,743
63. Keers Remediation Inc
64. Outsource Connection Inc
Asbestos Ana
Temp
935
903
$ 59,054
$528,034
65. Pinnacle Data Systems LLC
66. Duff & Phelps
Comp Pro Ser
Ad Valorem T
903
923
$844,071
$ 46,872
67. Various
Accrual Service
923
$573,536
68. Integrated Human Capital
69. Kelly Service Inc
Temp
Temp
923
903
$ 99,736
$ 76,865
Please refer to JL 7-1 and provide your justification only for the accounts with a description
(Various) and a detailed explanation supporting how these items meet the burden of
reasonable and necessary expenses on a recurring annual basis.
Docket No. 40094
Commission Staff's 7" RFI to EPEC
Page 6 of 6