20090728Notice of Withdrawal.pdf

A vista Corp.
1411 East Mission P.O. Box 3727
Spokane. Washington 99220-0500
Telephone [phone]
Toll Free 800-727-9170
RECEIVED J;~~JV'STJI.
Corp.
2009 JUL 28 AM 9: 02
July 27, 2009
Jean Jewell, Secretary
Idaho Public Utilities Commission
Statehouse Mail
472 W. Washington Street
Boise, ID 83720-0074
RE: Case No. A VU-E-09-04
Notice of Withdrawal of Petition of Avista Corporation for an Order Determining Ownership
ofRECS.
Dear Ms. Jewell:
Please find en~losed for filing with the Commission an original and seven (7) copies of A vista
Corporation's Notice of Withdrawal of Petition for an order determining ownership ofRECS.
Please direct any questions peraining to the transmittal of this fiing to Patrck Ehrbar at 509.495.8620.
Sincerely
~~~~
Kelly Norwood
Vice President, State & Federal Regulation
Enclosures
cc: Service List
Michael G. Andrea (ISB # 8308)
Senior Counsel
A vista Corporation
1411 East Mission,
Spokane, W A 99202
Phone: [phone]
Facsimile: [phone]
Email: michaeL.andrea(Ðavistacorp.com
Attorney for A vista Corporation
RECEIVED
200~ JUL 28 AM 9: 03
IDAHO PUBLIC
UTILITIES COMMISSION
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF A PETITION FILED BY
A VIST A CORPORATION FOR AN ORDER
DETERMINING THE OWNERSHIP OF THE
ENVIRONMENTAL ATTRIBUTES ("RECS")
ASSOCIATED WITH A QUALIFYING
FACILITY UPON PURCHASE BY A UTILITY
OF THE ENERGY PRODUCED BY A
QUALIFYING FACILITY
)
) CASE NO. A VU-E-09-04
)
)
) NOTICE OF WITHDRAWAL OF
) PETITION
)
)
)
Pursuant to IPUC Rule of Procedure 68, petitioner A vista Corporation ("A vista") hereby
submits its Notice of Withdrawal of its Petition for an Order Determining the Ownership of the
Environmental Attributes ("RECs") Associated with a Qualifying Facility Upon Purchase by a
Utility of the Energy Produced by a Qualifying Facility ("Petition").
STATEMENT OF FACTS
On May 5, 2009, Avista initiated the above-captioned proceeding by filing its Petition in
which it requested an order declaring that the ownership of RECs associated with PURP A i
projects wil be assigned to the utilities that purchase energy from such projects.2 In its Petition,
A vista also requested that the Commission issue an order staying any requirement to award
i PURP A is the Public Utilty Regulatory Policies Act of 1978.
2 Avista's Petition was supported by the Direct Testimony of Clint Kalich, which was fied simultaneously
with Avista's Petition.
NOTICE OF WITHDRAWAL OF PETITION
Page -1
RECs to PURP A developers until a final order resolving the issues raised in A vista's Petition
was issued.
On May 26,2009, Sagebrush Energy LLC ("Sagebrush") fied a motion for order
rejecting Avista's request for stay.3 Also on May 26,2009, Exergy Development Group ofIdaho
("Exergy") fied a motion to dismiss this proceeding. Oral argument on Sagebrush's and
Exergy's motions was held on June 17,2009. To date, the Commission has not acted on
Sagebrush's or Exergy's motions.
NOTICE OF WITHDRAWAL
In its Petition, A vista sought an order from the Commission assigning the RECs
associated with PURP A projects to the utilities that purchase the energy from such projects.
A vista asserted that such order was necessary in order to reduce the substantial disparity between
the avoided cost rate in the State of Idaho and the cost associated with A vista developing and
operating its own wind energy project. Such disparity is due, in large part, to the fact that
Idaho's avoided cost rate is based on a natural gas fired surrogate avoided cost resource.
Rather than resolving the issue of ownership of RECs raised in its Petition in order to
address the current disparity between the avoided cost rate in the State of Idaho and the cost
associated with A vista developing and operating its own wind energy project, A vista believes
that it may be more appropriate to develop a wind surrogate avoided cost resource ("Wind
SAR") to address such disparity. A vista is informed that the Commission is opening a generic
electric docket to revisit the methodology for published avoided cost rates. In that generic
electric docket A vista intends to present a proposal for a Wind SAR.
3 On June 2, 2009, Idaho Forest Group fied a concurrence to Sagebrush's motion.
NOTICE OF WITHDRAWAL OF PETITION
Page -2
CONCLUSION
A vista believes that the development of a Wind SAR may reduce the disparity between
the avoided cost rate that A vista is required to pay for energy produced by a wind PURP A
project and the cost of developing and operating a similar resource. Accordingly, A vista
respectfully submits this Notice of Withdrawal of its Petition.
..
Respectfully submitted this ;)7 day of July 2009.~Q4JO
Michael G. Anit
Attorney for A vista Corporation
NOTICE OF WITHDRAWAL OF PETITION
Page -3
CERTIFICATE OF SERVICE RECEIVED
I hereby certify that on this 27th day of July 2009, true and correct copies ofO09 JUl28 AM 9= 03. iDAHO PURl '('the foregoing NOTICE OF WITHDRAWAL OF PETITION were delivered to thlUTIUTIES CO~r"'l¡ŠS¡ON
following persons via overnight delivery (for the Commission) and U.S. Mail or Email
for all other participants.
Jean Jewell
Idaho Public Utilities Commission
472 W. Washington St.
Boise, ID 83702
Email: jean.jewell(Ðpuc.idaho.gov
Dean 1. Miler, Esq.
McDevitt, & Miler, LLP
PO Box 2564
Boise, ID 83701-2564
j oe(Ðmcdevitt -miller. com
Daniel E. Solander
Senior Counsel
Rocky Mountain Power
201 S. Main Street, Suite 2300
Salt Lake City, UT 84111
Email:
Daniel.so lander(Ðpacificorp.com
Donovan E. Walker
Baron L. Kline
Idaho Power Company
PO Box 70
Boise, ID 83707-0070
Email: dwalker(Ðidahopower.com
bkline(Ðidahopower .com
Ted S. Sorenson, P.E.
Sorenson Engineering, Inc.
5203 South 11 th East
Idaho Falls, ID 83404
Email: ted(Ðsorenson.net
Page I-CERTIFICATE OF SERVICE
Scott Woodbury
Deputy Attorney General
Idaho Public Utilties Commission
472 W. Washington St.
Boise, ID 83702
Email: scott. woodbury(Ðpuc.idaho,gov
Peter Richardson
Richardson & O'Leary
515 N. 27th St.
PO Box 7218Boise, ID 83702
Email: peter(Ðrichardsonandoleary.com
Ted Weston
ID Regulatory Affairs Manager
Rocky Mountain Power
201 S. Main Street, Suite 2300
Salt Lake City, UT 84111
Email: ted.weston(Ðpacificorp.com
Greg W. Said
Randy C. Allphin
Idaho Power Company
PO Box 70
Boise, ID 83707-0070
Email: gsaid(Ðidahopower.com
rallphin(Ðidahopower. com
Scott Atkinson, President
Idaho Forest Group LLC
171 Highway 95 N
Grangevile, ID 83530
Email: scotta(Ðidahoforestgroup.com
Benjamin Ellis
Vice President
20 Wilow Street
Jackson, WY 83001
Email: ben.ells(Ðsagebrushenergy.net
Glenn Ikemoto
Idaho Windfars, LLC
672 Blair Ave.
Piedmont, CA 94611
E-mail: glenni(ÐpacbelLnet
Kevin Kitz
u.s. Geothermal, Inc.
1505 Tyrell Lane
Boise, ID 83706
E-mail: kkitz(ÐusgeothermaLcom
Page 2-CERTIFICATE OF SERVICE
David Schiess, P .E.
Schiess & Associates
7103 South 45th West
Idaho Falls, ID 83402
Email: dschiesseng.com
Clair D. Bosen, President
Twin Lakes Canal Company
PO Box 247
Preston, ID 83263
E-mail: contact(Ðtwinlakescanalcompany.com
C(~~Patty Olsn s
A vista Corporation
1411 East Mission Ave.
Spokane, W A 99202