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Case 3:11-cv-00745-PGS-DEA Document
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E,XHIBIT A
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AO88B (R.a,06i09)$ubpocnatoProduceDocumonE,Tnformsrloh,orObjccrtorrop6mitlnspectio,lofpremiscsinaCjvilAotion
UMTen ST TBS DISTRICT CoURT
for the
District of New Jersey
PPL ENERGY PLUS, et aI,.
Platntif
v,
LEE A. SOLOMON, et al,
Defendanl
.
To:
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CivilActionNo,
(fths
11CV745
aotion is-pelding in a-not[er &sbic! strta rvherc:
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SUBI'OENA TO PRODUCEDOCUMENTS,INFORMATION, OR OBJECTS
OR TO PERI\,TIT INSPECTION OF PREYIISES IN A CI\4L ACTION
PJM lnterconnectlon, LLC
Vailey Forge Corporal,e Center, 955 Jefferson Avenue, Norristown,
pA .tg40g
d
Pro&tcrton: YOU ARE COMMAIIIDED to produce at the timq clate, and place set forth below the following
docutnents, electronically stored information, or objects, and permit their inspection, copying, testing, or sampliog of-the
material:
Please see attached schedule A ofthe $ubpoena to pJM lntsrconnec{ion, LLC
Place: 61p6onr
pg
'
50 West Staio
Date and Tims;
$treet, 11th Floor, Suite 1104
.
1111st2012 10:00 am
J
Inipection of Premises: YOU ARE COIVilIIANDED to permit entry onto the designated' premises, land or
other propeffy possessed or coafrolled by you at the time, date, ald location set forth below, so that the requesting party
may inspect, measure, survey, photograph, tes! or sarnple the property or any designated objoct or operation on ii, -
The provisions ofFed, R, Civ. P. 45(c), relating to your protection as a person subjeot to
a subpoena, and Rule
45 (d) and (e), relating to your duty
respond to this subpoena and the potential .o*"qujn.". of not doing so, ure
.to
attached.
o^',' 0c*'?-f,70lL
CLERKOFCOURT
Stgnaturc of Clerkor Dep*y C{erh
The name, address, e-mai!, and telephone number of the attorney represefiting (nane of party)
!3.lpine_Ags"lgE
Exelon Generation Co., LLC & NAEA Ooean Peakinq Power
, who issues or requests this subpoena,
LLC
Mara E. Zazzall-Hogan, Esq. of Glbbons pC
Ono Gateway Center, Newarh New Jersey 07102
ts__
are;
Caso 3:11-cv-00745-PGS-DEA Document
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156-1 Filed L1115t1,2 Page 3 of 9 pagetD: 4747
Ao88B (Rev' 06/09)SrrbpoenatoProduceDocurnetrls,lflformation,orobiectsort0Pcflnitll$pacLionrrfltomisosinaCjvilAction(pagc2)
Civil Aqtion
No.
11CV745
(fltts sectton
Tlris subpoena for
wasreceived by me on
ff
I
shouttt tto't
(name
r"
of indivi{ll/dl
rr:\?,fir,T:H;::-
served the sLrbpoena by delivering a copy to the nanred person
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quired by Fed,
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returned the sribpoenaunexecuted because:
Unless the subpoena was issued on behalf ofthe United States, or one of its offrcers
or agents, i have also
tendersd to the witness fees for one day's atlendance, aud the mileage aliowed by
Iaw, irithe amount of
My fees are $
for
tavel and $
for services, for a total
of$
0.00
I dsciare under penalty of perjury tirat this information is
pr{nted name and tltle
.
A dditional Lrform ati on regarcli r g attempted $ervice, eto:
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.....--..-._*1ervey's addresi---
I t { ws-t a( t-a ac c.g I *l A-A &ntt -p nwd.^d , 4;5 ,), {-{'rrs on hvr , llorrt{ t'tw'94 i4l'1,
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Case 3;11-cv-00745-PGS-DEA Document
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AO888 (Rev.06/09)SubpoenatoProduceDocuments,lnformation,orObjectsortoPermitlnspectionofPremisesinaCjvilAction(page3)
Federal Rule of Civil Procedure 45 (c), (d), and (e) (Effectiv e lZ/1/A7)
(c) Protecting a Person Subject to a Subpoena.
(1) Avoiding Untlue Burden or Expense; Sanctions. A party or
attorney responsible for issuing and serving a subpoena must take
reasonable steps to avoid imposing undue burden or expense on a
pelson subject to the subpoena. The issuing couft must enforce this
duty and impose an appropriate sanction
which may include lost
earnings and reasonable attorney's fees
on a palty ot attorney
who fails to comply,
(2) Command to Produce Materials or Permit Inspection,
(A) Appearance Not l?equired. A person commanded to produce
documents, electronically stored jnformation, or tangible things, or
to permit the inspection ofpremises, need not appear in person at the
place of production or inspection unless also commanded to appear
lbr a deposition, hearing, or trial,
(B) Objections. A person commanded to produce documents or
tangible things or to permit inspection may serve on the party or
aitorney designated in the subpoena a wr.itten objection to
inspecting, copying, testing or sampting any or all of the materials or
to inspecting the premises
or to producing electronically stored
information in the form or forms requested, The objection must be
served before the earlier ofthe time specified for compliance or l4
days after the subpoena is served. If an objection is made, the
following rules apply:
(i) At any time, on notice to the commanded person, the serving
party may move the issuing court for an order compelling production
or inspection.
(ii) These acts may be required only as directed in the order, and
the older must protect a person who is neither a party nor a party,s
officer from significant expense resulting from compliance.
(3) Quasldng or Modifying a Subpoena.
(A) llrhen Required. On timely motion, the issuing court must
quash ol modily a subpoena that:
(i) fails to allow a reasonable time to comply;
(ii) requires a person who is neither a party nor a pady,s officer
to travel more than 100 miles from where that person resides, is
employed, or regularly transacts business in person
except that,
subject to Rule 45(c)(3)(Bxiii), the person may be commanded to
attend a trial by traveling from any such place within the state where
the trial is held;
(iii) requires disclosure of privileged or other protecrcd marter,
no exception or waiver applies; or
(iv) subjects a person to undue burden.
(B) When Permitted. To protect a person subject to or affected by
a subpoena, the issuing court may, on motion, quash or modify the
subpoena if it requires:
(i) disclosing a trade secret or other confidential research,
development, or commercial information;
(ii) disclosing an unretained expert's opinion or information that
does not describe specific occurrences in dispute and results from
the expelt's study that was not requested by a party; or
(iii) a person who is neither a party nor a party,s officer to incur
substantial expense to travel more than 100 mites to attend trial.
(C) Specifuing Conditions as an Alternative. In the circumstances
described in Rule 45(c)(3XB), the court may, instead of quashing or
modifying a subpoen4 order appearance or production under
specified conditions ifthe serving party:
(i) shows a substantiai need for the testimony or material that
cannot be otherwise met without undue hardship; and
(ii) ensures lhat the subpoenaed person will be reasonably
-
-
-
if
compensated.
(d) Duties in Rcsponding to a Subpoena.
{l) Producing Documents or Electronically Stored Information.
These procedures apply to producing documents or electlonically
slored information:
{A) Documents. A person responding to a subpoena to produce
documents must produce them as they are kept in the ordinary
course ofbusiness or must organiz.. and label thern to correspond to
the categories in the demand.
(B) Formfor Producing Electronically Stored Information Not
Ifa subpoena does not specify a form for proilucing
electronically stored information, the person responding must
produce it in a form or forms in which it is ordinarily maintained or
in a reasonably usable form or forms.
(C) Electronically Stored Information produced in Only One
Form. The person responding need not produce the same
electronically stored information in more than one form.
(D'1 Inaccessible Electronically Stored Informatior. The person
responding need not provide discovery ofelectronically stored
information lrorn sources that the person identifies as not reasonably
accessible beeause ofundue burden or cost. On motion to compel
discovery or for a protective order, the person responding must show
that the information is not reasonably accessible because ofundue
burden or cost. Ifthat showing is made, the court may nonetheless
order discovery from such sources ifthe requesting party shows
good cause, considering the limitations of Rule 26(b)(2XC). The
court may speciS conditions for the discovery.
(2) Claining Privilege or Protection.
(A) Information Withheld. A person withholding subpoenaed
information under a claim that it is pr.ivileged or subject to
protection as trial-preparation material must:
(i) expressly make the claim; and
(ii) describe the nature of the withheld documents,
communications, or tangible things in a manner that, without
revealing information itself privileged or protected! will enable the
parties to assess the claim.
(B) Information Produced. If information produced in response to a
subpoena is subject to a claim ofprivilege or ofprotection as trialpreparation material, the person making the ctaim may notily any
party that received the information ofthe claim and the basis for it.
Aller being notified, a party must promptly return, sequester, or
destroy the specified information and any copies it has; must not use
or disclose the information until the claim is resolved; must take
reasonable steps to retrieve the inlbrmation if the party disclosed it
beibre being notified; and may promptly present the information to
the courl under seal for a determination of the claim. The person
who produced the information must preserve the information until
the claim is resolved.
SpeciJied.
(e) Contempt. The issuing court may hold in contempt a person
who, having been served, fails without adequate excuse to obey the
subpoena. A nonparty's failure to obey must be excused ifthe
subpoena purports to require the nonparty to attend or produce at a
place outside the limits of Rule
5(c)(3)(A)(ii).
Case 3:11--cv-00745-PGS-DEA Document 1-56-1 Frled L1,lL5lL2 Page 5 of 9 PagelD: 4749
SCHEDULE A OF THE SUBPOENA TO PJM INTERCONNECTION, LLC
DEFINITIONS
"PJM," "PJM Interconnection, LLC," "you," and "your" mean PJM Interconnection,
LLC and its employees and agents
"Communication" means the transmittal of information (in the form of facts, ideas,
inquiries, or otherwise).
"Concerning" means "relating to, referring to, describing, evidencing, or constituting."
"Document" is intended to have the broadest meaning permitted under the Federal Rules
of Civil Procedure. The term refers to both physical "documents" and o'electronicaily stored
information" under Federal Rule of Civil Procedure 34.
"EFORd" means equivalent demand forced outage rate.
"Including" means "including but not limited to."
"LCAPP" means the Long-term Capacity Agreement Pilot Program instituted by the
BPU under the LCAPP Act and for which Levitan & Associates served as the BPU's agent. The
LCAPP includes the Standard Offer Capacity Agreements i';SOCAs"; entered pursuant to the
LCAPP.
"LCAPP Act" means New Jersey P.L.2Ol l, Chapter 9; Senate Bill No. 2387; and,
Asscmbly Bill No. 3442.
"Levitan," means Levitan & Associates, Inc., its directors, employees, and agents.
"May 2012Base Residual Auction" or "BRA" shall mean the auction conducted by PJM
three years prior to the starl of the Delivery Year to secure commitments from Capacity
Resources as necessary to satisfy any portion of the Unforced Capacity Obligation of the PJM
Region not satisfied through Self- Supply and further defined in, and governed by, Attachment
-l-
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DD of the PJM Tariff, including without limitation Sections 2.5, 3 .2,5.4(a), 5,lZ(a), and 5.14(a)
of Attachment DD.
"MOPR," means PJM's minimum offer price rule of Section 5.14(h) of Attachment DD of
the PJM OATT,
"New Jersey BPU" means the New Jersey Board of Public Utilities, as well as its
commissioners, staff, and other agents.
INSTRUCTIONS
1.
Respond to this subpoena by producing all responsive documents within your
"possession, custody, or control"
- with that phrase
having the broadest possible meaning
permitted under the Federal Rules of Civil Procedure
possession, custody, or control
-
including all documents within the
ofyour directors, empioyees, attorneys, accountants, or any other
agent.
2.
'fhis subpoena is continuing; if you become aware of
additionai responsive
documents, promptly inform
3.
Plaintiffs' counsel
and produce the documents.
If you object to any of these recluests,
describe your objection in sufficient detail
to permit your objection to be adjudicated. if you object to part but not all of a request, identify
precisely the parts to which you object and the parts to which you do not object.
4,
If there are no documents
responsive to a request, specify this in a written
response.
5.
Ifyou
are unabie to produce a document responsive to this subpoena, respond by
specifying the reasons you are unable to produce the document.
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Case 3:11-cv-00745-PGS-DEA Document
6.
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If you are aware of the existence of documents sought by this subpoena, but the
documents in question are not in your custody or control, identify the persons who presently
possess or control the documents and
briefly summarize the nature of the documents.
If you withhold documents responsive to this subpoena on the ground that
the
documents are privileged or protected by the attorney work-product doctrine, describe
the
documents withheld under Federal Rule of Civil Procedure
26(bX5XA). Specify (a) the legal
grounds for withholding the document; (b) the date appearing on the document
or the date the
document was created or sent; (c) the identity of the author or creator of the document; and (d)
the identity of all persons who were sent the document or otherwise possessed
it,
Also, describe
the document with sufficient detail to make clear the basis on which you are withholding
it.
8.
Produce documents as they are stored in the ordinary course of business. produce
all documents in their entirety, including any attachments or enclosures.
9.
Produce electronically stored information, other than spreadsheets such as Excel
documents, in TIFF image format with extracted, searchable text (except for redacted
docutnents, in which case OCR in lieu of
full extracted text may be provided), unique
page
identifiers, and load fi1es, In addition, provide metadata fields for author, recipient, date of
create, and date last accessed. Produce spreadsheets, such as Excel documents, in their native
format' Preserve all electronically stored information in native format pending resolution of this
Iitigation.
10.
Produce documents responsive to this subpoena that were dated, created,
received, or in existence from November
l,
Z0Ag to the present.
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4ZS2
DOCUMENTS TO BE PRODUCED
Piease produce the
1,
the request
following:
All confidential
documents and data sent to the New Jersey BPU in response to
for confidential information from Mr. Kenneth Sheehan of the New Jersey Board of
Public Utilities G{J BPU), which request PJM identified in an email to members from Dave
Anders dated June 27,2012.
2.
Al1 non-confidential documents and data sent to the New Jersey BPU concerning
the LCAPP or the PJM Base Residual Auction.
3.
To the extent not produced in response to item
a)
1:
For each generation resource that offered into the 2012 Base Residual
Auction, the offered and cleared megawatt quantities and associated prices. Such
data should include supplier, and generation resource type (i.e., new generation
capacity, deferred/withdrawn retirement capacity, uprates to existing capacity,
reactivated capacity and existing capacity).
b)
For all generation capacity resources included in the responses to (a),
above, indicate the fuel source and specific type of unit (e.g., gas combined cycle,
gas combustion turbine, nuclear, coal, solar, etc.), the station/unit name and its
geographic location; and the eFORd.
c)
For generators that filed MOPR exceptions, please piovide the offer price
ultimately authorized for bid into the Base Residual Auction.
4.
Documents and data concerning the MOPR exception submissions of Hess
Newark, LLC, New Jersey Power Development LLC,
.4-
cpv
Shore, LLC, and
cpv
Case 3:11-cv-00745-PGS-DEA Document
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Maryland,LLC, including all information analyzing, supporting, or undermining
those
submissions and any revisions or modifications to those submissions.
5.
Documents and data created after June I,2010 conceming the adequacy of the
supply of generation for New Jersey or concerning the need (or lack of need) for additional
generation for New Jersey.
.5-