20220126ICIP 1-10 to IPC.pdf

Peter J. Richardson
ISB No. 3195
Richardson Adams, PLLC
515 N. 27rh Street
P.O. Box 7218
Boise, Idaho 83702
Telephone: [phone] I
Fax: [phone]
p eter(@ri chardsonadams. com
Attorneys for the Industrial Customers of Idaho Power
FIRST PRODUCTION REQUEST OF
THE TNDUSTRIAL CUSTOMERS OF
IDAHO POWER TO IDAHO POWER
COMPANY
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
CASE NO. IPC-E-21-41
IN THE MATTER OF THE APPLICATION OF
IDAHO POWER COMPANY'S
APPLICATION TO PROCEED WITH
RESOURCE PROCUREMENTS TO MEET
IDENTIFIED CAPACITY DEFICIENCIES IN
2023,2024, AND 2025 TO ENSURE
ADEQUATE, RELIABLE, AND FAIR.PRICED
SERVICE TO ITS CUSTOMERS.
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Pursuant to Rule 225 of the Rules of Procedure of the Idaho Public Utilities Commission
(the "Commission"), the lndustrial Customers of Idaho Power ("ICIP") by and through their
attomey of record, Peter J. Richardson, hereby requests that Idaho Power Company ("[daho
Power" or the'oCompany") provide the following documents.
This production request is to be considered as continuing, and the Company is requested
to provide by way of supplemental responses additional documents that it or any person acting
on its behalf may later obtain that will augment the documents produced.
Please provide one physical copy and one clcctronic copy, if available, of your answer to
Mr. Richardson at the address noted above. Please provide an additional electronic copy, or if
unavailable a physical copy, to Dr. Don Reading at: 6070 Hill Road, Boise, ldaho 83703,
dreadi n g@m indspring.com.
For each item, please indicate the name of the person(s) preparing the answer(s), along
with the job title of such person(s) and the witness at hearing who can sponsor the answer.
REQUEST FOR PRODUCTION NO. 1:
Please provide copies of all of the Company's responses to data requests from the IPUC
Staff (or any other party) in this matter. Please include responses to informal as well as formal
requests and oral as well as written requests.
R-EQUEST FOR PRODUCTION NO. 2:
Page23 of the Company's Application references "[MJodern tools used in attempts to
force deregulation onto state jurisdtctions that have chosen to retain the traditional vertically
tntegrated, state regulated service providers..." later in the same sentence the Company's
Application identifies some of those modern tools, "szcft a.r. . . [anJ anttcompetitive tax credit
policyfor renewable energ/ procurement." Please identiff the"anticompetitive tax credit
policyfor renewable energl procurementlthat)...forces...deregulation onto state jurisdictions."
Please explain tdaho Power's understanding as to how said policies "forces . , . deregulation
onto state jursidictions. "
REQUEST FOR PRODUCTTON NO.3:
Another'modem tool' referenced by Idatro Power that is being used to'force
deregulation onto state jurisdictions" isthe"Federal Energt Regulatory Commission's
("FERC") promotion of Regional Transmission Organizations ("RTO") and Independent
System Operator ("ISO") operational environmen s..." Please identify those portions of Idaho
Power's regulated state-sanctioned-monopoly service territory that are currently operating inside
of an RTO or ISO operational environment.
ICIP First Data Request of lPCo - IPC-E-21--17 2
REQUEST FOR PRODUCTTON NO.4:
Yet another'modern tool'referenced by Idaho Power that is being used to'force
deregulation onto state jurisdictions" are the "competitive procurement rules and regulations
specifically designed to "remove the utility's competitive advantage" '..." Please (A) specifically
identiff the rules being referenced, and (B) provide a citation for the qtrote"remove the utility's
competitive advantage", and (C) explain how rules that are designed to "remove the utility's
competitive advantage" are being used to'force deregulation onto state jurisdictions", and (D)
reconcile the concept of the company's general opposition to competition in its instant
Application with its apparent opposition to rules that are designed to remove competitive
advantages.
REQUEST FOR PRODUCTTON NO.5
With referenced to the same provision of the Company's Application as in No, 4 above,
the Company characterizes"competitive procurement rules and regulations specitically designed
to " remove the utility's competitive advantage" as, " (or in other words to gtve competitive
advantage to non-utility third-party generation or PPAs, with incentives mis-aligned with
customer beneJit.)"t Please explain how rules that are "designed'to remove a utility's
competitive advantage are in fact ("or in other words" [designed] to gtve competitive advantage
to non-utility, third-party generation or PPAs". (B) Please provide examples of the referenced
incentives that are mis-aligned with customer benefit.
REQUEST FOR PRODUCTION NO.6.
The Company discusses imputed debt costs to the utility and to its customers of third
I Parenthetical in original.
ICIP First Data Request of lPCo - IPC-E-21-37 3
party-owned assets (PPAs) beginning on page 28 and it then purports to quantifo those costs in
Exhibit 5. Please identi$ and quantifr the benefits to the utility and its customers of third party
PPA's shifting construction risk cost to the PPA developer and away from the utility and its
customers. Please identify and quantifu the benefits to the utility and its customers of third party
PPAs' shifting operating risk from the utility and its customers to the PPA developer. Please
identify and quantifu the benefits to the utility and customers of third party PPAs' shifting fuel
risk to the PPA developer and away from the utility and its customers. Please list all benefits to
the utility and its customers of which tdaho Power is aware of third party PPAs. If the list does
not include the three noted above, please explain why not.
REQLJEST FOR PRODUCTTON NO.7:
Please state whether it is the Company's policy that all of the benefits, risks and costs of
PPAs with third parties as compared to utility-owned generation assets should be evaluated
symmetrically and comparably on a both a quantitative and qualitative basis. If so, then does
Exhibit 5 to the Company's Application provide such a symmetrical and comparable evaluation?
REQUEST FOR PRODUCTTON NO. 8:
At page l5 of the Company's Application Idaho Power asserts that it is"concerned that
the OPUC Resource Procurement Rules do not align with the state of ldaho's system oJ'public
utility regulation..." Please explain how the competitive procurement of assets, such as
generating assets, does not align with Idaho's system of public utility regulation.
ICIP First Data Request of lPCo - !PC-E-21-37 4
REQUEST FOR PRODUCTTON NO.9:
In May 2017, Idatro Power filed comments at the OPUC addressing that state's
competitive procurement rules. [n its comments ldaho Power asscrted that the OPUC's
competitive procurement rules"providefor a reasonable andfair process that fues not pre-
judge the outcome of the competitive bidding process and that allows for diversity in ownership."
In the same document, Idaho Power urged the OPUC to"convert the current [competitive
biddingJ guidelines to ntles."2 Please explain whether Idaho Power stilt betieves the OPUC
competitive bidding rules and/or guidelines are'teasonable and fair." If not, please provide all
intemal documentation of ldaho Power's position on the lack of reasonableness of the OPUC's
competitive procurement rules and guidelines.
REQUEST FOR PRODUCTION NO. l0:
Please provide a copy of the retention agreement(s) between ldatro Power and Black &
Veatch Management Consulting, LLC that is referenced in the Company's Application and a
copy of all scope of work documents under which Black & Veatch has been retained by ldaho
Power. What are the all-in costs and fees ldaho Power anticipates paylng Black & Veatch for its
services?
DATED this 26'h day of Janvary 2022
J
RJCHARDSON ADAMS, PLLC
2 See ldaho Power's Comments on StaffRepor, Oregon PUC Docket AR 600ruM fi76, May 15,
2017. Attached as Exhibit 2 to the ICIP's Motion to Dismiss in the instant docket.
ICIP First Data Request of IPCo - IPC-E-21-37 5
CERTIFICATE OF SERVTCE
I HEREBY CERTIFY that on the 26th day of January 2022, atnre and correct copy of the within
and foregoing FIRST PRODUCTION REQUEST OF THE INDUSTRIAL CUSTOMERS OF
IDAHO POWER in Docket No. IPC-E-21-41 was served electronically to:
Donvoan Walker, Lead Counsel
Regulatory Dockets
Idalro Power Company
dwal [e-mail]
dockets@idatropower. com
Tim Tatum, V.P. Regulatory Affairs
Idatro Power Company
ttatum @ idahopower. com
C. Tom Arkoosh
IdaHydro
[e-mail]
Eri n.ceci [e-mail]
Benjamin Otto
Idaho Conservation League
[e-mail]
Jan Noriyuki, Secretary
Idaho Public Utilities Commission
Jan.noriyuki @puc. idaho. gov
Northwest and lntermountain Power Producers Coalition
Spencer Gray, Executive Director
[e-mail]
Northwest and lntermountain Power Producers Coalition
Greg Adams
qreq@richardsonadams. com
Peter
ICIP Fint Data Request of IPCo - IPC-E-21-37 6