Contract analysis

I. Executive Summary On June 26, 2023, the Federal Energy Regulatory Commission Office of Enforcement ("FERC OE"), Division of Investigations, served its first data request in Docket No. IN23-7-000, directed to Dunmore Energy Holdings Ltd. ("DEH") and Dunmore Power Trading LLC ("DPT," and together with DEH, the "Dunmore Entities"). The data request was transmitted by Lead Investigator Thomas Adebayo, with Senior Atto

II. Overview of the Data Request A. Structure and Scope The data request is organized into four principal sections: Definitions, Instructions, Interrogatories, and Document Requests. The Definitions section defines eighteen (18) terms that apply throughout the data request. Key defined terms include "Relevant Period" (January 3, 2022 through March 17, 2023), "Transaction" (broadly defined to encompass any bid, offer,

III. Categorization of Requests by Topic This section categorizes the sixty-four individual requests into six topical categories and provides a detailed analysis of each category, including identification of key issues, strategic observations, and preliminary recommendations for response. A. Category 1: Day-Ahead Bidding at Indiana Hub Applicable Requests: Interrogatories 1–9; Document Requests 1–5 This is the larges

IV. Privilege Issues and Recommended Approach A. Attorney-Client Privilege Concerns Several of the document requests in the data request are likely to capture communications and documents protected by the attorney-client privilege. The principal areas of concern are as follows: Communications Involving Martin Llewellyn (General Counsel). Document Requests 18, 22, and 23 are the requests most likely to sweep in commun

V. Document Collection and Production Plan A. Custodian Prioritization Based on the scope and focus of the data request, I recommend a three-tier custodian prioritization as follows: Tier 1 — Immediate Collection (by July 3, 2023): These three custodians are the primary targets of the investigation and their documents are responsive to the majority of the requests. Collection from these custodians should commence imm

1. DPT Trading Systems: MISO Day-Ahead bidding platform records, FTR auction records, virtual transaction records, position management systems, and risk management system data. These systems contain the transactional data responsive to the interrogatories seeking identification of all offers, bids, and positions during the Relevant Period. Data should be extracted in a format that enables both production to FERC Staf

2. DPT Email (Strathmore Data Systems / Ashbury Software): Email for all eleven (11) custodians, including all email folders (inbox, sent, drafts, deleted items, archive), calendar entries, and any email-integrated task or note items. Email is expected to be the largest source of responsive documents by volume.

3. DMP Gas Nomination/Scheduling Systems: NAESB-format nomination records, scheduling confirmations, pipeline capacity reservation records, and related gas operations data. These records are maintained by DMP and will need to be collected separately, with appropriate attention to the corporate separateness of DMP as a distinct legal en