20180910Paul Affidavit.pdf

Case 1:18-cv-00236-REB Document 29-3 Filed 09/05/L8 Page 1 of 3
Peter J. Richardson, ISB# 3195
515 N. 27th Street
Boise, Idaho 83702
Telephone [phone] I
Facsimile: [phone]
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FRANKLIN ENERGY STORAGE ONE, LLC,
FRANKLIN ENERGY STORAGE TWO, LLC
FRANKLIN ENERGY STORAGE THREE,
LLC, FRANKLIN ENERGY STORAGE
FOUR, LLC
Robert C. Huntley, ISB# 894
R. HUNTLEY LAW, PLLC
950 West Bannock St., Ste. 600
Boise, ID 8702
Telephone (208) 388- I 230
Facsimile [phone]
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Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
Case No.: I : l8-cv-00236-REB
DECLARATION OF ROBERT A. PAUL
IN SUPPORT OF PLAINTIFFS' MOTION
FOR SUMMARY JUDGMENT
Plaintiffs,
PAUL KJELLANDER, KRISTINE RAPER
ERIC ANDERSON, in their offrcial capacity as
Commissioners of the IDAHO PUBLIC
UTILITIES COMMISSION,
Defendants.
I, Robert A. Paul pursuant to 28 U.S.C. $ 1746, hereby declare:
1. I am the managing member of Altemative Power Development, LLC (*APD"). APD is a
development company that specializes in renewable energy projects and specifically solar energy
projects. APD developed the largest solar project interconnected to Idaho Power's system
pursuant to the Idaho PUC's implementation guidelines for PURPA QF projects. That project,
Grand View Solar, is an eighty-megawatt Solar QF project.
2. I have personal knowledge of the facts asserted herein.
Declaration of Robert A. Paul in Support of Plaintiffs' Motion for Summary Judgment 1
vs.
Case 1:18-cv-00236-REB Document 29-3 Filed 09/05/18 Page 2 of 3
3. I have thirty-six years experience in the development of renewable energy projects under
PURPA. Prior to forming APD, I was Director of Americas West sales for Enron Wind and
prior to that I was the Vice President of Domestic Sales for the Nordex North American market.
4. APD is the company that is developing the four Franklin Energy Storage QF projects for
planned sale of their output to the Idaho Power Company pursuant to the ldaho PUC's PURPA
implementation guidelines.
5. I am also the manager of all four Franklin Energy Storage LLCs.
6. I estimate the total cost to construct and bring to commercial operation for each project to
be approximately $47,000,000 (forty-seven million dollars). The grand total of the costs for all
four projects combined will be approximately $188,000,000 (one hundred and eighty-eight
million dollars).
7. In my experience, expertise, and opinion, it would be fiscally irresponsible, and
imprudent, to promote a project(s) of such magnitude under a contract to purchase the energy
produced of only two year's duration.
8. A contract of such short duration would make procurement of financing extremely
diffrcult, if not impossible, to obtain. Such an impediment certainly defeats the articulated
national policy to encourage alternative energy development.
I declare under penalty of perjury pursuant to the laws of the State of ldaho that the
foregoing is true and correct.
Respectfully submitted this 5th day of September 2018.
Declaration of Robert A. Paul in Support of Plaintiffs' Motion for Summary Judgment 2
Case l-:l-8-cv-00236-REB Document 29-3 Filed 09/05/18 Page 3 of 3
/s/ Robert A. Paul
Robert A. Paul
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 5th day of September 2018, I filed the foregoing electronically
through the CM/ECF system, which caused the following parties and counsel to be served by
electronic means, as more fully reflected on the Notice of Electronic Filing:
Brandon Karpen
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Edith Pacillo
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Scot Zanzig
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Attorneys for Defendants
Steven B. Anderson
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Wade L. Woodard
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Attorneys for Defendant-Intervenor Idaho Power Company
/s/ Petcr.l. Ilic'hurdson. Estl.
Peter R. Richardson, Esq.
Declaration of Robert A. Paul in Support of Plaintiffs' Motion for Summary Judgment 3