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HomeMy WebLinkAbout20110419Intermountain Wind to AVU 1-4.pdfMcDevitt & Miller LLP Lawyers (208) 343-7500 (208) 336-6912 (Fax) 420 W. Bannock Street P.O. Box 2564.83701 2Øl 1 APR 19 PM 4= 28 Chas. F. McDevittBoise, Idaho 83702 Dean J. (Joe) Miler RECEIVED Apri 19, 2011 Via Hand Delivery Jean Jewell, Secreta Idaho Public Utities Cotnssion 472 W. Washigton St. Boise, Idao 83720 . Re: GNR-E-ll-01 Intermountai Wind LLC Dear Ms. Jewell: Enclosed for fig, please fid thee (3) copies of Intermounta Wind ILC's Responses to the First Production Requests of A vista Corporation Kidly retu a fie staped copy to me. Very Truy Yours, McDevitt & Mier IL~~Dean J. Mier . DJM/hh Enclosures L' , RECt=IVr:O,\ .." c...COpy Dean J. Miler (ISB No. 1968) Chas. F. McDevitt (ISB No. 835) McDEVITT & MILLER LLP 420 W. Banock Street P.O. Box 2564-83701 Boise, Idaho 83702 Tel: 208-343-7500 Fax: 208-336-6912 ioe~mcdevitt-miler.com 20ltAPR 19 PM ~:28 Attorneys for Intermountain Wind LLC BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE COMMISSION'S INESTIGATION INTO DISAGGREGATION AND AN APPROPRITE PUBLISHED AVOIDED COST RATE ELIGIBILITY CAP STRUCTURE Case No. GNR-E-ll-Ol INTERMOUNTAI WIN LLC'S RESPONSES TO THE FIRST PRODUCTION REQUESTS OF AVISTA CORPORATION COMES NOW, Intermountan Wind LLC, and in response to the First Production Requests of A vista Corporation, herewith submits the following information, without waiving and fuly preserving the Objections to Discovery, previously filed herein on AprilS, 2011, responds as follows: RESPONSES Request No.1: The Direct Testimony of Paul Marin submitted by Intermountan Wind, LLC discusses, at pages 1-2, the Black Canyon Project and describes the Black Canyon Project, in par as "a 'tre PURP A' project, not par of a larger project and should not be subject to a reduction in the eligibilty cap for published avoided cost rates." a) Does Intermountan expect that the Black Canyon Project will use the same operation and maitenance or scheduling service contractors as any other wid energy project in Idao? INTERMOUNTAIN WIN LLC'S RESPONSE TO THE FIRST PRODUCTION REQUEST OF AVISTA CORPORATION -1 . ~ , b) If the answer to subpar (a) of this request is yes, does Intermounta expect that the Black Canyon Project will use the same operation and maintenance or scheduling service contractors as any wid energy project withn a lO-mile radius of the Black Canyon Project? c) If the answer to subpar (a) of ths request is yes, does Intermounta expect that the Black Canyon Project will use the same operation and maitenance or scheduling servce contractors as wind fars withn a 5-mile radius of the Black Canyon Project? d) Are there any active or anticipated wid energy projects on adjacent parcels within 5 miles of the proposed or anticipated project boundaes, related or not, to the Black Canyon Project? Please identify any such project, and include size and ownership of each project, and its projected in-service date, ifknown. e) Are there any active or anticipated wind energy projects on adjacent parcels within 10 miles ofthe proposed or anticipated project boundaries, related or not to, the Black Canyon Project? Please identify any such project, and include size and ownership of each project, and its projected in-service date, ifknown. t) Have any of the owners, developers, financers, or other persons or entities with any direct or indirect interest in the Black Canyon Project ("Interested Person(s)") coordinated, or does any Interested Person(s) expect to coordinate, the development òf the Black Canyon Project in any way with other wid energy project developments or developers with regard to: permitting, general consulting, legal advice, equipment procurement, wind studies, engineering studies, financing, or any other areas? If the answer is yes, please explain in detal all of the expected coordination. RESPONSE TO REOUEST NO.1: a) Intermountain lacks information to answer ths question at ths time, as it is the preference of any potential project purchaser is unown. This is a very small industr and there are very few providers that have enough experience to make the financiers comfortable. Not to mention that the project will go though different phases of O&M, as an example the tubine manufactuer will manage the project in the first two to ten years afer which a thd par provider would likely be retained. b) and c) It is possible, but unown at ths time. As an example, BP has GE tubines on an adjacent parceL. Although I do not know for sure, it is likely that this project is INTERMOUNTAIN WIND LLC'S RESPONSE TO THE FIRST PRODUCTION REQUEST OF A VISTA CORPORATION -2 r curently beginng serviced by a GE O&M contract. If the Black Canyon buys GE tubines, we will be using the same O&M provider even though there is no relationship between BP and the Black Canyon. d) ande) The Goshen North Wind Project is adjacent to the Black Canyon. BP's approximately 125MW Goshen Nort project is adjacent to the Black Canyon. Invenergy's Wolverine Creek Project is 64.5MW and is a few miles away. The Schwindeman Family is developing a wid far that is approximately 20MW and is approximately 3 miles away. UAMPS is developing ar approximately 80MW project maybe 10 miles or so away. Ridgeline is developing an approximately 200MW or 300MW project approximately 5 miles away. t) Although we have used the expertse of engineers and meteorologists in the development of ths project and we expect to work with fianciers that have built other wind projects, possibly in Idaho, ths project will not be coordinated with any other wind project. Respondent: Paul Marin in consultation with Dean J. Miler. INTERMOUNTAIN WIND LLC'S RESPONSE TO THE FIRST PRODUCTION REQUEST OF AVISTA CORPORATION -3 " '. Request No.2: . The Direct 'Testimony of Paul Marin submitted by Intermountain states, at page 1, that Mr. Marin is "a member of Intermountan Wind LLC which is the developer of a wind energy project located in Bonnevile County(,) Idaho, known as the Black Canyon Project." a) Please provide the names, address, and telephone numbers of any other members of Intermountain. b) How long has Intermounta, or Mr. Paul Marin, or any other members identified in response to subpar (a) of ths request been a developer of the Black Canyon Project? c) In what state is Intermountan Wind LLC organzed? RESPONSE TO REQUEST NO.2: a) Intermountan Wind is owned by myself and my father, Stephen Marin ofIdaho Falls, Idaho. Black Canyon, LLC, which is the owner of the Black Canyon Wind Project and the Tenant on the Wind Lease, has a Service Arangement with Intermountan Wind to develop the Black Canyon Wind Project. The owners of Black Canyon, LLC are my father and his brother, David Marin, and sister, Kath Hutchinson. Intermounta Wind was granted a minority interest in Black Canyon, LLC as a result of its Services Arangement. b) My father and I stared working on ths project in 2006 when we incorporated Black Canyon, LLC in Idaho. c) Intermountain Wind, LLC, was incorporated in Idaho in 2007. Respondent: Paul Marin in consultation with Dean J. Miler. INTERMOUNTAIN WIND LLC'S RESPONSE TO THE FIRT PRODUCTION REQUEST OF AVISTACORPORATION -4 . Request No.3: The Direct Testimony of Paul Marin submitted by Intermountan states, at page 2: "Just as Intermountain was succeeding in securng financing to move forward with these deposits, the Joint Petition in Case No. GNR-E-10-04 was fied, threatening the projects (sic) abilty to move forward." a) Has Intermountan obtained financing for the Black Canyon Project? If so, please identify all entities and individuas who are providing financing for the Black Canyon Project and their respective ownership shares of the Black Canyon Project. b) What is the anticipated tota installed cost of the Black Canyon Project? If no specific figue is known or available, please provide an estimate of the tota installed cost of the Black Canyon Project. RESPONSE TO REQUEST NO.3: a) No b) Black Canyon objects to ths request for the reasons stated in the previously filed Objection, and objects for the fuer reasons that: (1) The Commission has consistently held that inquiry into the financial aspects of a QF project is not permitted and (2) the information requested is proprieta, a Trade Secret and confdentiaL. Respondent: Paul Marin in consultation with Dean J. Miler. INTERMOUNTAIN WIND LLC'S RESPONSE TO THE FIRT PRODUCTION REQUEST OF AVISTA CORPORATION -5 'l Request No.4: The Direct Testimony of Paul Marin submittd by Intermounta indicates, at page 2, that neither Mr. Marin, nor any member of the Marin Famly, or related limited liabilty companes have any ownership interest of any kid in any wid generation projects located withn five miles of the Black Canyon Project. a) Has Mr. Marin, or other members of the Mar famly or any related limited liabilty companies, or their business interests, developed other electricity generation projects withn the past 10 years, inside or outside the State of Idaho? If so, please describe each of these projects, including their locations and sizes in megawatts, and estimates of the tota costs of each of these developments. b) Has Mr. Marin, or other members of the Marin family or related limited liabilty companes, or their business interests, worked with other developers or paries in the past 10 years on any wind or other electrcity generation projects? If yes, please identify each developer/pary by nare, address, telephone number, the name and location of the project, and their respective interest in any such project, as well as their interest in the Black Canyon Projec't, if any. c) Does Mr. Marin, or other members of the Marin family, or related limited liabilty companes, or their business interests, have any other electrcity generation development interests either in Idao or outside of Idaho? If yes, please describe each development interest, including location, type of generation, and project size." RESPONSE TO REQUEST NO.4: a) No. There are no members of the Marin family with any prior experience in the wind industr prior to the Black Canyon project, iricluding myself. b) Black Canyon, LLC has not entered into any agreements with any other paries other than service arangements with various consulting firms for engineering, meteorology, etc. The only pary that Intermountain Wind, LLC has entered into an agreement with other th in a consulting capacity is Peter Hansen, and some members of his family of Tie Siding, Wyoming. He owns several ranches in southeastern Wyoming. Mr. Hansen is a family friend and when he heard of our efforts at wind development on our famly propert, he became interested in doing the INTERMOUNTAIN WIND LLC'S RESPONSE TO THE FIRST PRODUCTION REQUEST OF A VISTA CORPORATION -6 " ./ same thing hiself. So nearly a year afer I staed working on Black Canyon, Intermountan Wind agreed to a similar services arangement with Mr. Hansen where I would develop wind projects on his ground in exchange for a small development fee so I can pay my expenses and a minority interest in the project company. Although he is ~ding the effort and retans the majority interest in the project companes, Mr. Hansen has no experience building wind projects and he relies completely upon the expertise I am developing as I move towards completion of the Black Canyon. Mr. Hansen has no interest in Black Canyon, LLC. c) No member other than Stephen and Paul Marin, the owners of Intermountain Wind, LLC, have any other interest in any other wind projects. Of course, now that I have spent almost half of my career since còllege developing expertise in ths field, I am going to attempt building other wind projects after the Black Canyon is done. As a result, Intermountan Wind has tentative interests in other projects all at much earlier stages of development than the Black Canyon. In 2009, Intermountan Wind obtained exploratory leases for two parcels of land in Kansas. In 2010, Intermountan obtained exploratory leases for two parcels of land in Idaho and one in Colorado. Intermountan's abilty to move these projects forward is limited by the progress I make on Black Canyon, so they all remain at the earliest stages and it is too early to know likely project size. Therefore they are all clearly irrelevant to the proceeding at hand and have no bearing on whether the Black Canyon is a "tre PURP A project." Please note that I resent the blatat waste of my and our attorney's time responding to far reachig questions that no other company has been forced to answer. This is a perfect example INTERMOUNTAIN WIN LLC'S RESPONSE TO THE FIRST PRODUCTION REQUEST OF A VISTA CORPORATION -7 ..\. '~ of why the published avoided cost is necessar to give access to the marketplace to small family operations such as ours that do not have vast moneta resources to spend. A vista a huge public company with a monopoly to operate within their service territory, has demonstrated that they will do anything withn their power to make things difficult for small developers, even those that will not touch Avista's system. Respondent: Paul Marin in consultation with Dean J. Miler. DATED this Llt day of April, 20n. McDEVITT & MILLER, LLP ~\w Attorney for Intermountain Wind LLC INTERMOUNTAIN WIND LLC'S RESPONSE TO THE FIRST PRODUCTION REQUEST OF A VISTA CORPORATION -8 ," CERTIFICATE OF SERVICE I hereby certify that on the J~day of April, 2011, I caused to be served, via the , methodes) indicated below, tre and correct copies ofthe foregoing document, upon: Jean Jewell, Secreta Idaho Public Utilties Commission 4 72 West Washington Street P.O. Box 83720 Boise, il 83720-0074 jjewell~puc.state.id.us Hand Delivered U.S. Mail Fax Fed. Express Email Donovan Walker Lisa Nordstrom Idaho Public Utilties Commission 472 West Washington Street P.O. Box 83720 Boise, il 83720-0074 dwalker~idahopower.com lnordstrom~idahopower.com Hand Delivered U.S. Mail Fax Fed. Express Email Donald L. Howell, II Krstine A. Sasser Deputy Attorneys General Idaho Public Utilties Commission . 472 W. Washington (83702) POBox 83720 Boise, il 83720.0074 don.howell~puc.idao.gov kris.sasseraiuc.idaho.gov Hand Delivered U.S. Mail Fax Fed. Express Email ~~........ ........)( ........ )L Hand Delivered ~.. U.S. Mail ~.. Fax ~.. Fed. Express ~.. Email )L Hand Delivered ~.. U.S. Mail ~.. Fax ~.. Fed. Express ~ ~Email Michael C. Andrea A visita Utilities P.O. Box 3727 1411 E. Mission Ave Spokane, WA 99220-3727 Michael.andrea~avistacorp.com Daniel Solander Rocky Mountain Power One Utah Center 201 S.Main Street, Suite 2300 Salt Lake City, UT 84111 daniel.solander~pacificorp.com INTERMOUNTAIN WIND LLC'S RESPONSE TO THE FIRST PRODUCTION REQUEST OF A VISTA CORPORATION -9 -, INTERMOUNTAIN WIND LLC'S RESPONSE TO THE FIRST PRODUCTION REQUEST OF A VISTA CORPORATION -10 " Don Sturtevant Hand Delivered .1. Energy Director U.S. Mail .1. J .R. Simplot Company Fax .1. PO Box 27 Fed. Express .1. Boise, il 83707-0027 Email Xdon.sturtevantcæsimplot.com Robert A. Paul Hand Delivered .1. Grand View Solar II U.S. Mail .1. 15960 Vista Circle Fax .1. Desert Hot Springs, CA Fed. Express .1. robertapau1cægmail.com Email Ä James Carkulis Hand Delivered .1. Managing Member U.S. Mail .1. Exergy Development Group of Idaho, LLC Fax .1. 802 W. Bannock St., Suite 1200 Fed. Express .1. Boise, il 83702 Email ~ jcarkuliscæexergydevelopment.com Scott Montgomery Hand Delivered .1. President U.S. Mail .1. Cedar Creek Wind, LLC Fax .1. 668 Rockwood Dr.Fed. Express .1. North Salt Lake, UT 84054 Email jLscottcæwesternenergy.us Dana Zentz Hand Delivered .1. Vice President U.s. Mail .1. Summit Power Group, Inc.Fax .1. 2006 E. Westminster Fed. Express .1. Spokane, W A 99223 Email i(dzentz~summitpower.com JohnR. Lowe Hand Delivered .1. Consultat to Renewable Energy Coalition U.S. Mail .1. 12050 SW Tremont St.Fax .1. Portland, OR 97225 Fed. Express .1. jravensanmarcos~yahoo.com Email ~ INTERMOUNTAIN WIND LLC'S RESPONSE TO THE FIRST PRODUCTION REQUEST OF A VISTA CORPORATION -11 ~, Bil Piske, Manager Hand Delivered ~.. Interconnect Solar Development, LLC U.S. Mail ~.. 1303 E. Carter Fax ~.. Boise, il 83706 Fed. Express ~.. billpiske~cableone.net Email ~ Wade Thomas Hand Delivered ~.. General Counsel U.S. Mail ~.. Dynamis Energy, LLC Fax ~.. 776 W. Riverside Dr., Suite 15 Fed. Express ~ ~Eagle, il 83616 Email wtomas~dynamisenergy.com Brian Olmstead Hand Delivered ~.. General Manager U.S. Mail ~.. Twin Falls Canal Company Fax ~.. PO Box 326 Fed. Express ~ ~Twin Falls, il 83303 Email olmstead~tfcanal.com Ted Diehl Hand Delivered ~.. General Manager U.S. Mail ~.. North Side Canal Company Fax'" .~.. 921 N. Lincoln S1.Fed. Express ~.. Jerome, il 83338 Email )Lnscanal~cableone.net Peter J. Richardson Hand Delivered ~.. Gregory M. Adams U.S. Mail ~.. Richardson & O'Lear, PLLC Fax ~.. PO Box 7218 Fed.'Express ~.. Boise, il 83702 Email )L.peter~richardsonandolear.com greg~richardsonandolear.com . Bil Brown, Chair Hand Delivered.~.. Board of Commissioners of Adams County U.S. Mail ~.. PO Box 48 Fax ~.. Council, il 83612 Fed. Express ~.. bdbrown~frontier.net Email ~ MJ. Humphries Hand Delivered ~.. Blue Ribbon Energy, LLC U.S. Mail ~.. 4515 S. Ammon Road Fax ~.. Ammon, Idaho 83406 Fed. Express ~.. blueribbonenergy~gmail.com Email ~ INTERMOUNTAIN WIND LLC'S RESPONSE TO THE FIRST PRODUCTION REQUEST OF A VISTA CORPORATION -12 .' Aaron F. Jepson Hand Delivered ~'- Blue Ribbon Energy, LLC U.S. Mail ~'- 10660 South 540 East Fax ~'- Sandy, UT84070 Fed. Express ~'- arronesqrmaol.com Email ~ Gar Seifert Hand Delivered ~'- Kur Meyers U.S. Mail ~'- Idaho National Lab Conventional Fax ~'- Renewable Energy Group Fed. Express ~'- 2525 Fremont, Ave.Email )LIdaho Falls, il 83415-3810 Gary.Seifertrminl.gov; Kur.Meyersrminl.gov Benjamin J. Oto Hand Delivered ~'- 710 N. 6th Street U.S. Mail ~'- P.O. Box 844 Fax ~'- Boise, il 83701 Fed. Express ~'- bottormidahoconservation.org Email ~ Glen Ikemoto Hand Delivered ~'- Margaret Rueger U.S. Mail ~'- Idaho Windfars, LLC Fax ~'- 672 Blair Avenue Fed. Express ~'- Piedmont, CA 94611 Email jLglennirmenvisionwind.com Margaretrmenvisionwind.com M.J. Humpheries Hand Delivered ~'- Blue Ribbon Energy LLC U.S. Mail ~'- 4515 S. Ammon Road Fax ~'- Ammon, il 83406 Fed. Express ~'- blueribbonenergyrmgmail.com Email :x Aaron F. Jepson Hand Delivered ~'- Blue Ribbon Energy LLC U.S. Mail ~'- 10660 South 540 East Fax ~'- Sandy, UT 84070 Fed. Express ~'- arronesqrmaol.com Email ~ INERMOUNTAIN WIND LLC'S RESPONSE TO THE FIRST PRODUCTION REQUEST OF A VISTA CORPORATION -13