20150526Joint Objection to Motion.pdf

DONOVAN E. WALKER (lSB No. 5921)
ldaho Power Company
1221 West Idaho Street (83702)
P.O. Box 70
Boise, Idaho 837OT
Telephone: [phone]
Facsimile: [phone]
dwal ker@id a hopower. com
Attomey for ldaho Power Company
WONNE R. HOGLE (lSB No. 8930)
Rocky Mountain Power
201 South Main, Suite 24OO
Salt Lake City, Utah 84111
Telephone: (801 | 220-4050
Facsimile: (801 ) 220-3299
Yvo n ne. hogle@ pacificorp.com
Attomey for Rocky Mountain Power
IN THE MATTER OF IDAHO POWER
COMPANY'S PETITION TO MODIFY
TERMS AND CONDITIONS OF PURPA
PURCHASE AGREEMENTS
IN THE MATTER OF AVISTA
CORPORATION'S PETITION TO
MODIFY TERMS AND CONDITIONS OF
PURPA PURCHASE AGREEMENTS
IN THE MATTER OF ROCKY MOUNTAIN
POWER COMPANY'S PETITION TO
MODIFY TERMS AND CONDITIONS OF
PURPA PURCHASE AGREEMENTS
MICHAEL G. ANDREA (!SB No. 8308)
Avista Corporation
1411 East Mission Avenue, MSC-23
Spokane, Washingto n 99202
Telephone: [phone]
Facsimile: [phone]
m ichael. and rea@avistaco rp. com
Attomey for Avista Corporation
CASE NO. |PC-E-15-01
CASE NO. AVU.E.15.O1
CASE NO. PAC-E-15-03
JOINT UTILITIES' OBJECTION TO
ECOPLEXUS, INC.'S MOTION TO
LATE FILE THE DIRECT PREFILED
TESTIMONY OF ERIK A. STUEBE
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT UTILITIES'OBJECTION TO ECOPLEXUS, !NC.'S MOTION TO
LATE FILE THE DIRECT PREFILED TESTIMONY OF ERIK A. STUEBE - 1
COME NOW, ldaho Power Company ("!daho Powe/'), Rocky Mountain Power
Company ("Rocky Mountain Powe/'), and Avista Corporation ("Avista") (collectively
"Joint Utilities"), pursuant to ldaho Public Utilities Commission ("Commission") Rules of
Procedure 57,73, and 75, and hereby object to Ecoplexus, lnc.'s ("Ecoplexus") Motion
to Late File the Direct Prefiled Testimony of Erik A. Stuebe ("Motion to Late File") filed
on May 18,2015. The basis for the Joint Utilities' objection is as follows:
I. BACKGROUND
ldaho Power filed its Petition, as well as the accompanying direct testimony of
two witnesses, Lisa Grow and Randy Allphin, on January 30, 2015. On February 6,
2015, the Commission issued Order No. 33222, Notice of Petition and Notice of
lntervention Deadline. This Order set an intervention deadline of February 20,2015.
On February 27,2015, Avista filed its Petition and accompanying direct testimony of
Clint Kalich. On March 2, 2015, Rocky Mountain Power filed its Petition and
accompanying direct testimony of Paul Clements and Brian Dickman. On March 13,
2015, the Commission issued Order No. 33250, by which it consolidated the petitions of
Rocky Mountain Power and Avista with ldaho Powe/s Case No. IPC-E-15-01. This
Order also directed that all parties granted intervenor status in ldaho Powe/s case
would be designated as parties in Rocky Mountain Powe/s and Avista's cases, and that
any other persons desiring to intervene in the Rocky Mountain Power and Avista
matters should file petitions to intervene no later than March 27,2015.
On March 18, 2015, the Commission issued Order No. 33253, by which it
granted clarification of its previously directed interim relief, adopted a procedural
schedule for the filing of direct and rebuttal testimony, and scheduled the technical
hearing for this proceeding. The Commission ordered that Commission Staff ("Staff')
JOINT UTILITIES'OBJECTION TO ECOPLEXUS, INC.'S MOTION TO
LATE FILE THE DIRECT PREFILED TESTIMONY OF ERIK A. STUEBE - 2
and lntervenors file direct testimony no later than April 23, 2015, and that Staff and
Intervenors file rebuttal testimony no later than May 14, 2015. The utilities were
directed to file rebuttal testimony no later than June 11, 2015. The Commission
scheduled the technical hearing in this matter for June 29, June 30, and July 1 ,2015.
Ecoplexus submitted its untimely Petition to lntervene on May 12,2015, well after
the February 20, 2015, deadline for intervention in ldaho Powe/s Case No.
IPC-E-15-01, and well after the March 27,2015, deadline for intervention in Rocky
Mountain Powe/s and Avista's cases.l ln addition, six days later on May 18, 2015,
Ecoplexus filed its Motion to Late File the Direct Prefiled Testimony of its witness.
Ecoplexus alleged in both its Petition to lntervene and its Motion to Late File, that its
participation "will not broaden the issues, delay the proceedings or result in prejudice to
any party." Petition and Motion at2.
II. ARGUMENT
On May 21,2015, Staff filed its Answer Objecting to Ecoplexus's Motion to Late
File Direct Testimony. ln the interest of expediency and to spare the Commission a
repetitive recitation of the Joint Utilities' grounds for also objecting to Ecoplexus's
Motion to Late File, the Joint Utilities hereby join in Staffs Answer Objecting to
Ecoplexus's Motion to Late File Direct Testimony, and incorporate the same herein by
this reference.
The Joint Utilities object to Ecoplexus's Motion to Late File for failure to state
good cause for its untimely filing, disruption of the proceedings, prejudice to existing
parties, and unduly broadening of the issues in the case. Ecoplexus should be limited
at this late stage in the proceedings to participating as an interested persion and public
1 ldaho Power filed an Objection and Motion in Opposition to Ecoplexus, lnc.'s Petition to
lntervene on May 19, 2015. Rocky Mountain Power filed an Objection and Motion in Opposition to
Ecoplexus, lnc.'s Petition to lntervene on May 21,2015.
JOINT UTILITIES'OBJECTION TO ECOPLEXUS, INC.'S MOTION TO
LATE FILE THE DIRECT PREFILED TESTIMONY OF ER]K A. STUEBE - 3
witness as defined by RP 39 and RP 76, whereby it is without a party's rights of direct
testimony and cross-examination.
Ecoplexus's only explanation for its late filings is that it "was not aware of this
proceeding until recently" and "only recently leamed of this open prcceeding and its
right to provide testimony and participate." Petition at 2; Motion at 1. As demonstrated
in ldaho Powe/s Objection to the Petition to Intervene, and Ecoplexus's subsequent
Enata, this clearly is not the case as Ecoplexus was specifically and expressly informed
of this proceeding in writing on February 2,2015. As pointed out by Staff, contrary to
Ecoplexus's assertions, allowing the introduction of the proposed testimony of its
witness will broaden the issues. The proposed testimony introduces several new
issues. Ecoplexus's significant delay in filing will disrupt the proceedings, prejudice
existing parties, and unduly broaden the issues in the case.
ilt. coNcLustoN
Because Ecoplexus has not shown good cause or a substantial reason for the
untimely filing of its requests, and because granting the requests at this Iate date would
create disruption, prejudice, and unduly expand the issues, the Joint Utilities respectfully
request that the Commission deny the Motion to Late File.
Respectfully submitted this 26h day of May 2015.
DONOVAN E. WALKER MICHAEL G. ANDREA
Attomey for Avista Corporation
JOINT UTILITIES'OBJECTION TO ECOPLEXUS, INC.'S MOTION TO
LATE FILE THE DIRECT PREFILED TESTIMONY OF ERIK A. STUEBE - 4
{rru A*"C(/'a-4^
Attomey for Rocky Mountain Power
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 26h day of May 2015 I served a true and correct
copy of the JOINT UTILITIES' OBJECTION TO ECOPLEXUS, INC.'S MOTION TO
LATE FILE THE DIRECT PREFILED TESTIMONY OF ERIK A. STUEBE upon the
following named parties by the method indicated below, and addressed to the following:
J. R. Simplot Company and Clearwater Paper _Hand Delivered
Corporation
Peter J. Richardson
Gregory M. Adams
RICHARDSON ADAMS, PLLC
515 North 27th Street (83702)
P.O. Box 7218
Boise, ldaho 83707
Dr. Don Reading
6070 Hill Road
Boise, ldaho 83703
Gommission Staff
Donald L. Howell, ll
Daphne Huang
Deputy Attomeys General
ldaho Public Utilities Commission
472 West Washington (83702)
P.O. Box 83720
Boise, ldaho 83720-007 4
Cleanrater Paper Gorporation
ELECTRONIC MAIL ONLY
Carol Haugen
Clearwater Paper Corporation
LLC
Dean J. Miller
X Hand Delivered
U.S. Mail
Ovemight Mai!
FAXX Email [e-mail]
daphne. huanq@puc. idaho.oov
X U.S. Mail
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oreo@ richard sonadams.com
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_Overnight Mail_FAXX Email [e-mail]
_Hand Delivered
U.S. Mail
Overnight Mail
FAX
_Ovemight Mai!
FAX
X Email [e-mail]
lntermountain Energy Partners, LLG; _Hand Delivered
AgPower DCD, LLC; and AgPower Jerome, X U.S. Mail
McDEVITT & MILLER, LLP X Email [e-mail]
420 West Bannock Street (83702) [e-mail]
P.O. Box 2564
Boise, ldaho 83701
JOINT UTILITIES'OBJECTION TO ECOPLEXUS, INC.'S MOTION TO
LATE FILE THE DIRECT PREFILED TESTIMONY OF ERIK A. STUEBE - 5
lntermountain Energy Partners, LLC
Leif Elgethun, PE, LEED AP
lntermountain Energy Partners, LLC
P.O. Box 7354
Boise, ldaho 83707
AgPower DCD, LLC, and AgPower Jerome,
LLC
Andrew Jackura
Camco Clean Energy
9360 Station Street, Suite 375
Lone Tree, Colorado 80124
ldaho Conservation League and Sierra Club
Benjamin J. Otto
ldaho Conservation League
710 North 6h Street (ffi702)
P.O. Box 844
Boise, ldaho 83701
Sierra Club
Matt Vespa
Siena Club
85 Second Street, Second Floor
San Francisco, California 94105
Snake River Alliance
Kelsey Jae Nunez
Snake River Alliance
223 North 6s Street, Suite 317
P.O. Box 1731
Boise, ldaho 83701
ELECTRONIC MAIL ONLY
Ken Miller
Snake River Alliance
Pacificorp d/b/a Rocky Mountain Power
Daniel E. Solander
Yvonne R. Hogle
Rocky Mountain Power
201 South Main Street, Suite 24OO
Salt Lake City, Utah 84111
_Hand DeliveredX U.S. Mail
_Ovemight Mail
_FAXX Email [e-mail]
_Hand DeliveredX U.S. Mai!
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FAXX Email [e-mail]
_Hand DeliveredX U.S. Mail
_Ovemight Mail
_FAXX Email [e-mail]
_Hand DeliveredX U.S. Mail
_Overnight Mail
_FAX
Email [e-mail]
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_Ovemight Mail
_FAXX Email [e-mail]
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_Hand DeliveredX U.S. Mail
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Email [e-mail]
won ne. hoo [e-mail]
JOINT UTILITIES'OBJECTION TO ECOPLEXUS, INC.'S MOTION TO
LATE FILE THE DIRECT PREFILED TESTIMONY OF ERIK A. STUEBE - 6
Ted Weston
Rocky Mountain Power
201 South Main Street, Suite 2300
Salt Lake City, Utah 84111
ELECTRONIC MAIL ONLY
Data Request Response Center
PacifiCorp
Twin Falls Canal Company, North Side Ganal
Company, and American Falls Reservoir
District No.2
C. Tom Arkoosh
ARKOOSH LAW OFFICES
802 West Bannock Street, Suite 900 (83702)
P.O. Box 2900
Boise, ldaho 83701
ELECTRONIC MAIL ONLY
Erin Cecil
ARKOOSH LAW OFFICES
Avista Gorporation
Michael G. Andrea
Avista Corporation
1411 East Mission Avenue, MSC-23
Spokane, Washingto n 99202
Clint Kalich
Avista Corporation
1411 East Mission Avenue, MSC-7
Spokane, Washington 99202
ldaho lrrigation Pumpers Association, lnc.
Eric L. Olsen
RACINE, OLSON, NYE, BUDGE & BAILEY
CHARTERED
201 East Center
P.O. Box 1391
Pocatello, ldaho 83204-1 391
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Ovemight Mail
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_Hand Delivered_U.S. Mail
_Overnight Mail_FAXX Email [e-mail]
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Email [e-mail]
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I i nda. oe rva is@avi stacorp. com
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x
JOINT UTILITIES'OBJECTION TO ECOPLEXUS, INC.'S MOTION TO
LATE FILE THE DIRECT PREFILED TESTIMONY OF ERIK A. STUEBE . 7
Anthony Yankel
29814 Lake Road
Bay Village, Ohio 44140
Renewable Energy Goalition
Ronald L. Williams
WILLIAMS BMDBURY, P.C.
1015 West Hays Street
Boise, ldaho 83702
lrion Sanger
SANGER LAW, P.C.
1117 SW 53'd Avenue
Portland, Oregon 97215
The Amalgamated Sugar Gompany
Scott Dale Blickenstaff
The Amalgamated Sugar Company, LLC
1951 South Satum Way, Suite 100
Boise, ldaho 83702
Micron Technology, Inc.
Richard E. Malmgren
Micron Technology, lnc.
800 South FederalWay
Boise, ldaho 83716
Frederick J. Schmidt
Pamela S. Howland
HOLLAND & HART, LLP
377 South Nevada Street
Carson City, Nevada 89703
Ecoplexus, lnc.
John R. Hammond, Jr.
FISHER PUSCH LLP
U.S. Bank Plaza, Seventh Floor
101 South Capitol Boulevard, Suite 701 (837021
P.O. Box 1308
Boise, ldaho 83701
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Email [e-mail]
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phowla nd @holland hart.com
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JOINT UTILITIES'OBJECTION TO ECOPLEXUS, INC,'S MOTION TO
LATE FILE THE DIRECT PREFILED TESTIMONY OF ERIKA. STUEBE. s
John Gorman
Ecoplexus, lnc.
650 Townsend Street, Suite 310
San Francisco, Galifornia 94103
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JOINT UTILITIES'OBJECTION TO ECOPLEXUS, INC.'S MOTION TO
LATE FILE THE DIRECT PREFILED TESTIMONY OF ERIK A. STUEBE . 9