20090602notice_of_oral_argument.pdf

Office of the Secretary
Service Date
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
June 2, 2009
IN THE MATTER OF THE APPLICATION
OF A PETITION FILED BY A VISTACORPORATION FOR AN ORDER
DETERMINING THE OWNERSHIP OF THE
ENVIRONMENT AL ATTRIBUTES (RECS)
ASSOCIATED WITH (PURPA)
QUALIFYING FACILITY UPON PURCHASEBY A UTILITY OF THE ENERGY
PRODUCED BY A QUALIFYING FACILITY
CASE NO. A VU-O9-
NOTICE OF
MOTION TO DISMISS
NOTICE OF MOTION FOR
ORDER DENYING PETITION
FOR STAY
NOTICE OF SCHEDULING
NOTICE OF ORAL ARGUMENT
On May 6, 2009, Avista Corporation (A vista) filed a Petition with the Idaho Public
Utilities Commission (Commission) for a declaratory order determining the ownership of the
marketable environmental attributes (renewable energy credits or RECs) associated with
wholesale sales of energy by a qualifying facility (QF) under the Public Utility Regulatory
Policies Act of 1978 (PURPA) to a utility within the State of Idaho. IDAPA 31.01.01.101
(Petition for Declaratory Order).
A vista also petitions the Commission for a stay of "any requirement to award RECs
to any PURP A developer" that has tendered or may tender a PURP A project to A vista pending
issuance by the Commission of the requested declaratory order. IDAPA 31.01.01.053.01 (Stay
of Existing Orders or Rules).
On June 2, 2009, the Commission in Case No. A VU-09-04 issued a Notice of
Avista s Petitions for a Declaratory Order and Stay and established a June 12, 2009, intervention
deadline. IDAPA 21.01.01.072 and .073.
YOU ARE HEREBY NOTIFIED that on May 26, 2009, Exergy Development Group
of Idaho LLC (Exergy) filed a Motion to Dismiss Avista s Petition for Declaratory Order.
Exergy contends that the Commission lacks subject matter jurisdiction to decide the proper
ownership of renewable energy credits or RECs. Exergy contends further that A vista s Petition
is an impermissible collateral attack on the Commission s final Order No. 29480 in Idaho Power
NOTICE OF MOTION TO DISMISS
NOTICE OF MOTION FOR ORDER
REJECTING REQUEST FOR STAY
NOTICE OF SCHEDULING
NOTICE OF ORAL ARGUMENT
Company Case No. IPC-04-02 (wherein the Commission denied Idaho Power s Petition for a
Declaratory Order determining ownership ofRECs).
YOU ARE FURTHER NOTIFIED that on May 26, 2009, Sagebrush Energy LLC
(Sagebrush) filed a Motion for Order denying Avista s Petition for Stay. Sagebrush contends
that Avista s request for stay (i., a request for preliminary relief prior to a full hearing on the
merits) should be evaluated under the law of preliminary injunctions (IRCP 65e). To be entitled
to a preliminary injunction, Sagebrush contends, A vista must prove two things: (1) that A vista is
entitled to the relief demanded and there is a substantial likelihood that the Company is likely to
prevail; and (2) that A vista will suffer irreparable injury in the absence of an injunction.
Sagebrush contends that A vista fails on both counts.
YOU ARE FURTHER NOTIFIED that the Commission has reviewed the filings of
record in Case No. A VU-09-04 including the Motions of Exergy and Sagebrush. The
Commission finds it reasonable to establish the following procedure to develop a record for
decision on the limited issues raised in the Motion of Exergy as to subject matter jurisdiction and
collateral attack and as to the Motion of Sagebrush as to whether Avista s Petition for Stay
should be granted or denied. The scheduling set forth below provides the Company and
intervening parties the opportunity to reply in writing to the Motions of Exergy and Sagebrush:
June 9, 2009 Deadline for Avista to file Answers (exhibits
(Electronic filing) and legal briefs) to Motions of Exergy (Motion
to Dismiss) and Sagebrush (Motion to Deny
Petition for Stay)
June 15, 2009
(Electronic filing)
Deadline for other intervening parties to file
comments exhibits and legal briefs on
Motions of Exergy and Sagebrush
June 16 2009 - Noon Deadline for Exergy and Sagebrush to file
(Electronic filing) Reply to A vista Answers
YOU ARE FURTHER NOTIFED that all exhibits in Case No. A VU-09-04 must
comport with the requirements of Rule 231 of the Commission s Rules of Procedure. Reference
IDAPA 31.01.01.231.
NOTICE OF MOTION TO DISMISS
NOTICE OF MOTION FOR ORDER
REJECTING REQUEST FOR STAY
NOTICE OF SCHEDULING
NOTICE OF ORAL ARGUMENT
YOU ARE FURTHER NOTIFIED that oral arguments in Case No. A VU-09-
on the issues raised by Exergy in its Motion to Dismiss and Sagebrush in its Motion for Order
Denying Petition for Stay are scheduled to commence at 1:00 P.M.. WEDNESDAY. JUNE 17.
2009. AT THE COMMISSION'S HEARING ROOM. 472 WEST WASHINGTON
STREET. BOISE. IDAHO
YOU ARE FURTHER NOTIFIED that the Motions of Exergy and Sagebrush can be
reviewed at the Commission s office in Boise, Idaho during regular business hours. The Motions
are also available for public inspection on the Commission s web site at www.puc.idaho.gov
clicking on "File Room" and then "Electric Cases.
YOU ARE FURTHER NOTIFIED that all oral arguments and conferences in this
matter will be held in facilities meeting the accessibility requirements of the Americans with
Disabilities Act (ADA). Persons needing the help of a sign language interpreter or other
assistance in order to participate in or to understand testimony and argument at oral argument
may ask the Commission to provide a sign language interpreter or other assistance at the hearing.
The request for assistance must be received at least five (5) working days before the hearing by
contacting the Commission Secretary at:
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone] (Telephone)
[phone] (FAX)
Mail: secretarvCfYpuc.idaho.gov
DATED at Boise, Idaho this pIVJL day of June 2009.
~h aLIY,- (J;;-O-~Z-VL-j_
Barbara Barrows
Assistant Commission Secretary
bls!N:A VU-09-04 sw2
NOTICE OF MOTION TO DISMISS
NOTICE OF MOTION FOR ORDER
REJECTING REQUEST FOR STAY
NOTICE OF SCHEDULING
NOTICE OF ORAL ARGUMENT