CALDERWOOD & HARKNESS LLP Attorneys at Law
1001 Fannin Street, Suite 4200 Houston, Texas 77002
Hannah Brinkley Partner Telephone: (713) 462-8800 Facsimile: (713) 462-8801
Email: hbrinkley@calderwoodharkness.com
October 30, 2023
Thomas Adebayo Lead Investigator, Division of Investigations Office of Enforcement Federal Energy Regulatory Commission 888 First Street NE Washington, D.C. 20426
Re: Document Production No. 3 — Docket No. IN23-7-000 In the Matter of Dunmore Energy Holdings Ltd. and Dunmore Power Trading LLC
Dear Mr. Adebayo:
Calderwood & Harkness LLP ("C&H") represents Dunmore Energy Holdings Ltd. ("DEH") and Dunmore Power Trading LLC ("DPT" and, together with DEH, "Dunmore") in connection with the above-referenced non-public investigation conducted by the Office of Enforcement ("OE") of the Federal Energy Regulatory Commission ("FERC" or the "Commission") pursuant to 18 C.F.R. Part 1b. As you are aware, C&H's Notice of Appearance on behalf of DEH and DPT was filed with the Commission on June 5, 2023. The purpose of this letter is to accompany Dunmore's third document production ("Third Production" or "Document Production No. 3") made in response to FERC Staff's First Data Request served on June 26, 2023, and FERC Staff's Supplemental Second Data Request served on August 7, 2023. This production is being made on behalf of both DEH and DPT. For your reference, this matter is tracked internally as C&H Matter Number 1016-00004.
1. Description of Third Production
The Third Production consists of approximately 75,400 documents, bearing Bates numbers DUNMORE-111601 through DUNMORE-187000. These documents have been collected, processed, reviewed, and produced with the assistance of Crestline Document Solutions LLC, Dunmore's e-discovery vendor, located at 1400 Smith Street, Suite 2100, Houston, Texas 77002. Crestline has served as Dunmore's e-discovery vendor throughout this investigation, and has been responsible for the forensic collection, processing, hosting, and formatting of all electronically stored information ("ESI") produced in this matter.
The documents comprising the Third Production have been produced in the same format and pursuant to the same protocols established in Dunmore's First Document Production Cover Letter dated July 24, 2023, and Dunmore's Second Document Production Cover Letter dated August 21, 2023. Specifically, ESI has been produced in single-page TIFF format, accompanied by extracted text files and associated load files containing relevant metadata fields, consistent with the production specifications discussed and agreed upon between FERC Staff and counsel for Dunmore. Native files have been produced where appropriate, including for spreadsheets, structured data files, and other documents that are not reasonably usable in imaged format. Hardcopy documents that were collected and scanned during the review process have been produced with OCR text and unitized in accordance with the agreed-upon protocols.
The Third Production is being provided via secure electronic transfer, consistent with the methodology employed in the prior two productions. In the event that FERC Staff prefers to receive this production via secure physical media, we are prepared to accommodate that request promptly.
2. Cumulative Production Summary
Including the Third Production, Dunmore has now made three document productions to FERC Staff in this investigation. The table below summarizes the cumulative document production to date:
The total approximate page count across all three productions is approximately 1.24 million pages. This figure encompasses both imaged pages of ESI and scanned hardcopy materials. The accompanying Production Index provides a detailed breakdown of the documents included in the Third Production by custodian, document type, and date range.
3. Custodians
The documents comprising the Third Production, as well as the cumulative document production in this matter, were collected from a total of eleven (11) custodians. The principal custodians from whom responsive documents have been collected and produced include the following individuals:
1. Kyle Renfro — Senior Trader, MISO Day-Ahead Desk, Dunmore Power Trading LLC
2. Anastasia Petrov — Trader, MISO Real-Time Desk, Dunmore Power Trading LLC
3. Derek Sung — Senior Vice President, Power Marketing & Trading, Dunmore Power Trading LLC
4. Rhonda Vasquez — Vice President, Regulatory Affairs, Dunmore Energy Holdings Ltd.
5. Jennifer Caulfield — Chief Compliance Officer, Dunmore Energy Holdings Ltd.
6. Elena Mirova — President & Chief Operating Officer, Dunmore Energy Holdings Ltd.
In addition to the six custodians identified above, responsive documents were collected from five additional trading desk and operations personnel employed by DPT whose roles involved direct participation in or oversight of day-ahead and real-time trading activities in the Midcontinent Independent System Operator ("MISO") market during the relevant period. The identities of these additional custodians have been disclosed to FERC Staff in prior correspondence and in Dunmore's responses to the interrogatories contained in the First Data Request and the Supplemental Second Data Request.
The date range of responsive documents collected from all custodians spans from January 1, 2021 through May 22, 2023, consistent with the temporal scope specified in FERC Staff's data requests.
4. Completeness of Production
Dunmore represents that, with the submission of this Third Production, its document production in response to the First Data Request (which contained forty-one (41) interrogatories and twenty-three (23) document requests) and the Supplemental Second Data Request (which contained eighteen (18) additional interrogatories) is complete. Dunmore has conducted a reasonable and diligent search of the files, records, and electronically stored information of all eleven custodians identified above, including email accounts, personal and shared network drives, local hard drives, instant messaging platforms, and, where applicable, personal devices used for business purposes.
Dunmore further represents that it has undertaken reasonable steps to identify, preserve, and collect potentially responsive documents from relevant non-custodial data sources, including shared departmental drives, compliance and trade surveillance databases, and transactional records maintained in DPT's energy trading and risk management ("ETRM") systems.
Notwithstanding the foregoing, Dunmore reserves the right to supplement this production if additional responsive documents are identified in the course of its continuing review, consistent with its obligations under 18 C.F.R. Part 1b and as may be required by applicable law. In the event that any supplemental production becomes necessary, Dunmore will promptly notify FERC Staff and produce such materials on a rolling basis.
5. Confidentiality Designations
Certain documents included in this Third Production have been designated as Confidential pursuant to the terms previously discussed and agreed upon between FERC Staff and counsel for Dunmore. These confidentiality designations have been applied in a manner consistent with the designations made in the First Production and Second Production. Documents designated as Confidential include, among other categories, proprietary trading strategies and methodologies, position and portfolio data, risk management analyses, internal compliance reports, and certain communications reflecting commercially sensitive business information.
All documents bearing a confidentiality designation are specifically identified on the accompanying Production Index. Dunmore respectfully requests that all materials designated as Confidential be treated in accordance with 18 C.F.R. § 388.112 and the non-public nature of proceedings conducted under 18 C.F.R. Part 1b. Dunmore reserves all rights to seek additional protections with respect to confidentially designated materials in the event that any such materials are referenced or relied upon in any public filing or proceeding.
6. Privilege Log
An updated Master Privilege Log accompanies this Third Production. The Master Privilege Log reflects all documents that have been withheld in full or produced in redacted form on the basis of the attorney-client privilege and/or the work product protection doctrine across all three productions in this matter. The Master Privilege Log supersedes and replaces the privilege logs submitted with the First Production and Second Production, and provides a comprehensive accounting of all privilege claims asserted by Dunmore in connection with this investigation.
The Master Privilege Log identifies each withheld or redacted document by the following fields: (i) Bates range (or, for wholly withheld documents, the Bates number that would have been assigned); (ii) date of the document; (iii) author(s); (iv) recipient(s) and, where applicable, individuals copied; (v) document type (e.g., email, memorandum, presentation); (vi) a description of the subject matter of the document sufficient to evaluate the privilege claim without disclosing privileged content; and (vii) the specific privilege basis or bases asserted (i.e., attorney-client privilege, work product—fact, or work product—opinion).
Dunmore expressly reserves all rights and objections with respect to privileged materials, including the right to assert additional privilege claims if warranted, and does not waive any privilege or protection by the production of any document in this matter, whether inadvertent or otherwise. To the extent any privileged or protected document has been inadvertently produced, Dunmore requests that FERC Staff promptly notify undersigned counsel and return or sequester any such document in accordance with Federal Rule of Civil Procedure 26(b)(5)(B) and any applicable FERC regulations or policies governing the handling of inadvertently produced privileged materials.
7. Cooperation Statement
Dunmore reaffirms its commitment to full and ongoing cooperation with FERC Staff's investigation in Docket No. IN23-7-000. Throughout this investigation, Dunmore has endeavored to respond to FERC Staff's requests in a timely and thorough manner, and to facilitate the efficient progress of the investigation.
In addition to the document productions described herein, Dunmore has, to date, made six employees available for investigative testimony pursuant to 18 C.F.R. § 1b.12. The testimony of three of these witnesses has been completed as of the date of this letter:
• Kyle Renfro — testimony taken September 5, 2023
• Anastasia Petrov — testimony taken September 12, 2023
• Derek Sung — testimony taken September 19, 2023
Dunmore understands that FERC Staff may schedule additional testimony for the remaining three witnesses and remains prepared to coordinate the scheduling of such testimony at FERC Staff's convenience. Dunmore likewise remains available to address any questions that FERC Staff may have regarding this production, any prior productions, or the investigation generally, and will continue to engage constructively with FERC Staff as the investigation proceeds.
Should you have any questions regarding this Third Production or its contents, please do not hesitate to contact the undersigned, Hannah Brinkley, or my colleague Catherine Bloom at Calderwood & Harkness LLP, 1001 Fannin Street, Suite 4200, Houston, Texas 77002, telephone (713) 462-8800.
Respectfully submitted,
CALDERWOOD & HARKNESS LLP
By: ________
Hannah Brinkley Partner
1001 Fannin Street, Suite 4200 Houston, Texas 77002 Telephone: (713) 462-8800 Facsimile: (713) 462-8801
Email: hbrinkley@calderwoodharkness.com
On behalf of Dunmore Energy Holdings Ltd. and Dunmore Power Trading LLC
cc:
Catherine Bloom, Calderwood & Harkness LLP Christine Pham, Senior Attorney, Division of Investigations, FERC Office of Enforcement Margaret Hollowell, Director, Division of Investigations, FERC Office of Enforcement Martin Llewellyn, General Counsel, Dunmore Energy Holdings Ltd. Rhonda Vasquez, Vice President, Regulatory Affairs, Dunmore Energy Holdings Ltd.
Enclosures:
1. Document Production No. 3 (via secure electronic transfer)
2. Production Index
3. Updated Master Privilege Log
| Production | Date | Documents | Bates Range |
| First Production | July 24, 2023 | 48,200 | DUNMORE-000001 through DUNMORE-048200 |
| Second Production | August 21, 2023 | 63,400 | DUNMORE-048201 through DUNMORE-111600 |
| Third Production | October 30, 2023 | 75,400 | DUNMORE-111601 through DUNMORE-187000 |
| Total | 187,000 | DUNMORE-000001 through DUNMORE-187000 |