20240730Petition to Intervene.pdf

RECEIVED
Tuesday, July 30, 2024
IDAHO PUBLIC
UTILITIES COMMISSION
Gregory M. Adams (ISB No. 7454)
Peter J. Richardson(ISB No. 3195)
Richardson Adams, PLLC
515 N. 271h Street
Boise, Idaho 83702
Telephone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Irion Sanger(ISB No. 12488)
Sanger Law, PC
4031 SE Hawthorne Blvd.
Portland, Oregon 97214
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorneys for Northwest and Intermountain Power Producers Coalition
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF IDAHO POWER ) CASE NO. IPC-E-24-12
COMPANY'S APPLICATION FOR )
APPROVAL OF A MARKET PURCHASE ) NORTHWEST & INTERMOUNTAIN
AGREEMENT ) POWER PRODUCERS COALITION'S
PETITION TO INTERVENE OUT OF
TIME
Northwest& Intermountain Power Producers Coalition("NIPPC") hereby petitions to
intervene out of time as a party to this proceeding under Idaho Public Utilities Commission
("IPUC" or"Commission") Rule of Procedure, Rule 71, IDAPA 31.01.01.071 et seq.
NORTHWEST AND INTERMOUNTAIN POWER PRODUCERS COALITION'S PETITION
TO INTERVENE OUT OF TIME
IPC-E-24-12—PAGE 1

In support of its Petition to Intervene,NIPPC states as follows:
1. The name and address of this Intervenor is:
Northwest& Intermountain Power Producers Coalition
c/o Spencer Gray
Executive Director
P.O. Box 504
Mercer Island, WA 98040
[e-mail]
Copies of all pleadings, production requests, production responses, Commission orders
and other documents should be provided to Gregory M. Adams and Irion A. Sanger at the email
addresses noted above and to Spencer Gray at the email address noted above.
2. NIPPC is a trade association whose members and associate members include
independent power producers active in the Pacific Northwest and Western energy markets.
NIPPC's organizational purpose is to represent the interests of its members in developing rules
and policies that help achieve a competitive electric power supply market in the Pacific
Northwest. NIPPC has participated in numerous regulatory proceedings related to requests for
proposals ("RFPs"), bidding guidelines, and competitive markets before state regulatory
commissions in the Northwest and before the Federal Energy Regulatory Commission. Specific
to Idaho, NIPPC was an active party in IPUC Case No. IPC-E-10-03 that resulted in this
Commission's direction that Idaho Power must follow the bidding rules in effect in Oregon,I and
NIPPC has been an active participant in such RFP proceedings before the Oregon Public Utility
Commission. Thus, to the extent that this proceeding could impact future competitive
solicitations and rules applicable thereto for Idaho Power,NIPPC has a substantial interest in this
' See IPUC Case No. IPC-E-10-03, Order No. 32745 at 2 ("Idaho Power is directed to comply with
RFP guidelines applicable in its Oregon service area, should the Company commence an RFP process for
a new supply-side resource prior to the development of Idaho-specific RFP guidelines.").
NORTHWEST AND INTERMOUNTAIN POWER PRODUCERS COALITION'S PETITION
TO INTERVENE OUT OF TIME
IPC-E-24-12—PAGE 2

proceeding. Further,NIPPC's intervention would assist the Commission in resolving the issues
related to competitive bidding processes that NIPPC understands to have been recently raised in
this proceeding.
3. Additionally, given the opportunity, independent power producers, including
NIPPC members, may participate in Idaho Power's future competitive solicitations at issue, and
NIPPC's participation in this proceeding can help ensure that such processes are reasonable, fair,
and balanced. NIPPC's interests are not adequately represented by any other party in this
proceeding.
4. Without being granted party status,NIPPC's right to fully participate in this
proceeding may be materially compromised.
5. NIPPC acknowledges that its Petition to Intervene is filed after the deadline of
May 7, 2024, as established by Notice of Application Order No. 36143,but NIPPC submits that
there is good cause for out-of-time intervention in this case, as required by IDAPA 31.01.01.073.
NIPPC actively participates in RFP proceedings, with a particular focus on the design phase of
RFP proceedings, but NIPPC does not normally participate in rate recovery or contract approval
proceedings that result from RFPs. NIPPC had understood this proceeding to be such a contract
approval proceeding and thus did not plan to intervene or submit comments in this proceeding.
Indeed, neither Idaho Power's Application nor the Commission's Notice of Application
suggested that this proceeding would address rules governing RFPs on a prospective basis.
6. However, Staff s Comments filed on July 23, 2024, go beyond conditions of
approval to the specific contract at issue in this proceeding and recommend that the IPUC alter
its policies governing utility solicitations on a prospective basis. See Staffs Comments at 6-7.
Most notably, Staffs Comments state: "Staff recommends that the Commission direct the
NORTHWEST AND INTERMOUNTAIN POWER PRODUCERS COALITION'S PETITION
TO INTERVENE OUT OF TIME
IPC-E-24-12—PAGE 3

Company to file a parallel case with the Idaho Commission whenever OPUC policy requires
oversight." Id. at 7. Staff further explains that the "purpose of this case would be to obtain
Commission approval for the RFP document and the process and criteria used to select
resources." Id. Counsel for NIPPC became aware of this recommendation in Staff s Comments
on July 29, 2024. NIPPC wishes to intervene to file comments responsive to Staffs
recommendation that the IPUC require Idaho Power to file a parallel docket with the IPUC to
approve RFPs on a prospective basis. Because NIPPC was unaware until very recently that this
proceeding would potentially address major changes in the IPUC's policies governing future
RFPs, it is appropriate to grant NIPPC's late intervention now that such issues have been raised.
7. NIPPC agrees to be bound by the existing deadlines established by the
Commission's Notice of Modified Procedure Order No. 36218, and intends to file Reply
Comments addressing Staffs recommendation for future RFPs on the deadline of August 6,
2024, currently established for the Company's Reply Comments to Staffs Comments.
8. Counsel for Idaho Power has communicated to counsel for NIPPC that Idaho
Power does not oppose NIPPC's late intervention provided that NIPPC files its Reply Comments
on August 6, 2024, and further provided that Idaho Power is granted one week after that (until
August 13, 2024)within which to file a potential reply to NIPPC's Reply Comments, if any.
NIPPC does not object to providing Idaho Power with the opportunity to file responsive
comments to NIPPC's proposed Reply Comments.
9. Counsel for Staff has communicated to counsel for NIPPC that Staff does not
oppose NIPPC's intervention.
10. Thus, the Petition to Intervene Out of Time is unopposed by all existing parties.
NORTHWEST AND INTERMOUNTAIN POWER PRODUCERS COALITION'S PETITION
TO INTERVENE OUT OF TIME
IPC-E-24-12—PAGE 4

WHEREFORE,NIPPC respectfully requests that this Commission issue an order
granting NIPPC's Petition to Intervene.
Respectfully submitted this 30th day of July 2024.
Gregory M. Adams (ISB No. 7454)
Peter J. Richardson(ISB No. 3195)
Richardson Adams, PLLC
515 N. 27th Street
Boise, Idaho 83702
Telephone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Irion Sanger(ISB No. 12488)
Sanger Law, PC
4031 SE Hawthorne Blvd.
Portland, Oregon 97214
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorneys for Northwest and Intermountain Power
Producers Coalition
NORTHWEST AND INTERMOUNTAIN POWER PRODUCERS COALITION'S PETITION
TO INTERVENE OUT OF TIME
IPC-E-24-12—PAGE 5

CERTIFICATE OF SERVICE
I HEREBY certify that I have on this 30th day of July 2024, served the foregoing Petition
to Intervene by electronic mail to the following:
Monica Barrios-Sanchez Donovan Walker
Commission Secretary Regulatory Dockets
Idaho Public Utilities Commission PO Box 70
P.O. Box 83720 Boise, ID 83707-0070
Boise, ID 83720-0074 [e-mail]
[e-mail] [e-mail]
Chris Burdin Tim Tatum
Deputy Attorney General Idaho Power Company
Idaho Public Utilities Commission 1221 W. Idaho Street(83702)
P.O. Box 83720 PO Box 70 Boise, ID 37707-0070
Boise, ID 83720-0074 [e-mail]
[e-mail]
By:
Gregory M. Adams (ISB No. 7454)
NORTHWEST AND INTERMOUNTAIN POWER PRODUCERS COALITION'S PETITION
TO INTERVENE OUT OF TIME
IPC-E-24-12—PAGE 6