20220222ICIP 11-18 to IPC.pdf

Peter J. Richardson
ISB No. 3195
Richardson Adams, PLLC
515 N. 27th Street
P.O. Box 7218
Boise, tdaho 83702
Telephone: [phone]
Fax: [phone]
peter@richardsonadams. com
Attorneys for the Industrial Customers of ldaho Power
SECOND PRODUCTION REQUEST
OF THE INDUSTRIAL CUSTOMERS
OF IDAHO POWER TO IDAHO
POWER COMPANY AND FIRST
REQUESTS FOR ADMISSTON
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
CASE NO. IPC.E-21.41
IN THE MATTER OF THE APPLICATION OF
THE IDAHO POWER COMPANY FOR
AUTHORITY TO PROCEED WITH
RESOURCE PROCUREMENTS TO MEET
IDENTIFIED CAPACITY DEFICIENCIES TN
2023,2024 AND 2025TO 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 Industrial Customers of ldaho Power (*ICIP") by and through their
attorney of record, Peter J. Richardson, hereby requests that Idaho Power Company ("Idaho
Power" or the "Company") provide the following documents and respond to the following
requests for admission.
This production request and requests for admission 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 electronic 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, tdaho 83703,
dread i [e-mail].
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 11; AND REQUEST FOR ADMISSION NO
l:
The ICIP Request for Production No. 2 provided:
Page 23 of the Company's Application references " [MJodern tools used in attempts to
force deregulation onto state jurisdictions that have chosen to retain the traditional
vertically integrated, state regulated service providers..." later in the same sentence the
Company's Application identifies some of those modern tools, "szc& as . . . [anJ
anticompet itive tax credi t p o licy for renewab le energt p rocurement."
The ICIP Request for Production No. 2 then asked ldaho Power to identifr the "anticompetitive
tax credit policy''it was referencing in its application. The ICIP specifically asked:
Please identiff the"anticompetitive tax credit policyfor renewable energy procurement
fthat) ...fo r c es ... der e gu I a t i o n o n to s tat e j uris dic tions."
In response, Idaho Power stated that"Federal and state tax policies can have dffirent impacts
on regulated and non-regulated utilities." And that,"These policies have been cited as afactor
in driving non-utility ownership of renewables, which erodes the regulatory compactfor
vertically integrated utilities."
Please admit that the Company is unaware of an"anticompetitive tax credit policy for
renewable energ)/ procurement ... [that] ... forces deregulation onto state jurisdictions." In the
alternative, please respond to the question and identiff the tax credit policy[ies] that the company
is referencing in its Application that'forces ... deregulation onto state jurisdictions.
In the second part of Request No. 2, the ICIP asked ldaho Power to:
Please explain ldaho Power's understanding as to how said policies'forces . . .
ICIP Second Data Request and First
Request for Admission IPC-E-2 l -41
2
deregulation onto slate jurisdictions, "
In response, Idaho Power stated:
These policies have been cited as afactor in driving non-utility ownership of renewables,
which erodes the regulatory compactfor verttcally integrated utilities.
Please admit that the Company has no understanding as to how said polices "forces . . .
deregulation onto state jurisdictions." In the altemative, please respond to the question and
explain tdaho Power's understanding as to how said policies "forces . . . deregulation onto state
jurisdicttons."
REQUEST FOR PRODUCTION NO. 12 AND REQUEST FOR ADMISSION NO.
2z
ICIP Request for Production No. 4 provided:
Yet another omodern tool' referenced by Idaho Power that is being used to'force
deregulation onto state jurisdictiow" are the "competitive procurement rules and
regulations specifically designed to "remove the utility's competitive advantage" ... "
Please . . . explain how rules that are designed to "remove the utility's competitive
advantage" are being used to "force deregulation onto state jurisdictions."
ln its response, the Company stated, "Please see the Company's response to IPUC Staff's
Request No. 12 for a discussion and analysis of such rules and regulations." Counsel for the
ICIP has been unable to find a reference, or an explanation, of how "competitive procurement
rules and regulations are specifically designed to remove the utility's competitive advantage" in
the Company's response to IPUC Staffs Request No. 12.
Please admit that the Company has no understanding as to how said "competitive
procurement rules and regulations are specifically designed to remove the utility's competitive
advantage." In the altemative, please respond to the question and explain Idaho Power's
understanding as to how said how competitive procurement rules and regulations are specifically
designed to remove the utility's competitive advantage.
ICIP Second Data Request and First
Request for Admission IPC-E-21-41
3
REQUEST FOR PRODUCTION NO. 13.
At page l5 of the Company's Application Idaho Power states that, "ldaho Power objected
to the adoption of the Competitive Bidding Guidelines, the precursor to the OPUC Resource
Procurement Rules." Please provide copies of ldaho Power's objections that are referred to in its
Application.
REQUEST FOR PRODUCTION NO 14.
Did ldaho Power also object to the adoption of the OPUC Resource Procurement Rulesl?
If so, please provide copies of ldaho Power's objections to the adoption of the OPUC Resource
Procurement Rules.
REQUEST FOR PRODUCTTON NO. ls.
Idaho Power, in its response to the IPUC Staffs Request for Production No. 7 states that
the premise of the OPUC competitive procurement rules is flawed, stating:
The OPUC Resource Procurement Rules were established under the incorrect premise
that without such rules, there is an inherent bias toward utility ownership or that the
utiltty holds an unfair advantage over third-party owners that must be corrected. Infact
the utility does not hold an unfair advantage over third-party owners...
Please provide copies of all pleadings filed by tdaho Power in which it sought to redress the
OPUC's alleged enoneous rulemaking when it based said rules on an "incorect premise."
Please identifr the year said rules were first adopted and explain why tdaho Power has waited
until now to raise objections before the ldaho PUC as to the incorrect premise upon which the
Oregon Commission's established its Resource Procurement Rules. Please identiff, and provide
documentation, as to when Idaho Power first came to the realization that the OPUC Rules
referenced above, "were established under fan) inconect premise."
I Note that the OPUC's adoption of the "guidelines" and the "rules" were separate actions by that
Commission.
ICIP Second Data Request and First
Request for Admission IPC-E-21-41
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REQUEST FOR PRODUCTTON NO. 16.
In its response to IPUC StaffRequest for Production No. 12, Idaho Power asserts that,
For a utility-scale battery storagefacility in particalar...
If the company were to execute a PPAfor a battery storagefacility, the dispatchability,
anrtailment, maintenance, securtty, mandatory payment, and operational terms,
conditions, and limitations would be pre-definedfor the term of the PPA.
And that
These terms would be detrimentalfto the company]...
Please explain (with specific legal citations) what would require ldatro Power execute a PPA for
a utility-scale battery storage project that is detrimental to the Company.
REQUEST FOR PRODUCTTON NO. 17.
Does ldaho Power understand that Idatro PUC Order No. 327452 requires it to comply
with the Oregon competitive bidding requirements goveming the issuance of an R-FP by tdaho
Power for new supply-side resources?
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2 Case No. IPC-E-10-03
ICIP Second Data Request and First
Request for Admission IPC-E-21-41
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REQUEST FOR PRODUCTTON NO. 18.
At page l5 of the Company's Application, ldaho Power asserts that"the OPUC Rules do
not align with the state of ldaho's system of public utility regulatton. " Please provide copies of
all pleadings filed by ldaho Power before the OPUC in which it objected to the OPUC's Rules
referenced above because those rules "do not align with the state of ldaho's system of utility
regulation." Please identifr, and provide documentation, as to when ldatro Power first came to
the realization that the OPUC Rules referenced above, "do not align with the state of ldaho's
system of utility regulation."
DATED this 22nd day of February 2022
I
J.
RJCHARDSON ADAMS, PLLC
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 22"d day of February 2022,a tnre and conect copy of the
within and foregoing SECOND PRODUCTION REQUEST OF THE INDUSTRJAL
CUSTOMERS OF IDAHO POWER AND FIRST REQLJEST FOR ADMISSIONS in Docket
No. IPC-E-21-41 was served electnonically to:
Donovan Walker
Regulatory Dockets
Idaho Power Company
dwalker@ idahooower. com
dockets @.idahoDower. co m
Dayn Hardie
Idaho Public Utilities Commission
Dayn. [e-mail]. eov
ICIP Second Data Request and First
Request for Admission IPC-E-21-41
Renewable Northwest
Max Greene
Abigail Germaine
[e-mail]
[e-mail]
Stop B2H Coalition
Jim Kreider
Jack Van Valkenburg
[e-mail]
[e-mail]
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Grcg Adams
Northwest and Interrrountain
Power Producers Coalition
gree@richardsonadar[Ecom
Jan Noriyuki, Secretary
Idaho Public Utilities Commission
Jan.noriyuki@nuc. idaho. gov
C. Tom Arkoosh
IdaHydro
Tom.arkoosh@arkoosh. com
Eri n.ceci I @n rkoosh. com
Peter
ICIP Second Data Request and Fint
Request for Admission IPC-E-2|-41
Westem Power Trading Fonrrr
Scott Miller, Executive Director
Abigail Germain
smiller(@nlotf.com
[e-mail]
Idatro Conservation League
Beirjamin J. Otto
Botto@ iahoconservation. org
City of Boise
Ed Jewell
Will Gehl
ejewel [e-mail]
[e-mail]
[e-mail]
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