2020040276-2 Aff of Robert Parrett.pdf

DECLARATION OF ROBERT PARRETT IN SUPPORT OF UNOPPOSED MOTION FOR INDICATIVE
RULING ON MOTION TO VACATE - 1
A. Dean Bennett (ISB #7735)
Zachary S. Zollinger (ISB #9259)
HOLLAND & HART LLP
800 West Main Street, Suite 1750
Post Office Box 2527
Boise, Idaho 83701-2527
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

Attorneys for Plaintiffs

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
FRANKLIN ENERGY STORAGE ONE, LLC,
FRANKLIN ENERGY STORAGE TWO, LLC,
FRANKLIN ENERGY STORAGE THREE, LLC,
FRANKLIN ENERGY STORAGE FOUR, LLC,

Plaintiffs,
v.

PAUL KJELLANDER, KRISTINE RAPER, and
ERIC ANDERSON, in their official capacity as
Commissioners of the IDAHO PUBLIC
UTILITIES COMMISSION,

Defendants.
and

IDAHO POWER COMPANY,

Defendant-Intervenor.

Case No. 1:18-cv-0236-REB

DECLARATION OF ROBERT
PARRETT IN SUPPORT OF
UNOPPOSED MOTION FOR
INDICATIVE RULING ON
MOTION TO VACATE

ROBERT PARRETT states as follows:
1. My name is Robert Parrett and I am a Managing Director, Business
Development, of Duke Energy Renewables, Inc. and its subsidiary, Duke Energy Renewables
Solar, LLC (“DER”), of the commercial renewables business unit of Duke Energy Corporation
Case 1:18-cv-00236-REB Document 76-2 Filed 03/31/20 Page 1 of 4

DECLARATION OF ROBERT PARRETT IN SUPPORT OF UNOPPOSED MOTION FOR INDICATIVE
RULING ON MOTION TO VACATE - 2
(“Duke Energy”), the energy holding company headquartered in Charlotte, North Carolina. In
such capacity, I have personal knowledge of the matters set forth herein.
2. On February 13, 2020, DER consummated a purchase and sale transaction with
Alternative Power Development, Northwest, LLC, an Idaho-based renewable energy projects
developer (“APD”), in which DER acquired from APD all of the equity interest in Franklin
Solar LLC (“Franklin Solar”).
3. The reason DER acquired Franklin Solar was to proceed with the development of
a 100 megawatt (“MW”) solar photovoltaic electric generating facility located in Twin Falls
County, Idaho.
4. During its negotiations with APD, and prior to the acquisition closing, DER
became aware that Franklin Solar held conditional use permits for two development scenarios.
a. The first scenario, and the reason for DER’s interest in Franklin Solar, was the
development of a single solar photovoltaic electric generating facility.
b. The second scenario, which was of no interest to DER, contemplated the
development of four separate energy storage facilities. To preserve that
development scenario, Franklin Solar had self-certified in Form 556 filings with
the Federal Energy Regulatory Commission (“FERC”) the four proposed energy
storage facilities as Qualifying Facilities (“QF”s) under 18 C.F.R. § 292.207(a).
5. During negotiations with APD, DER also became aware of this litigation.
Because DER had no interest in using Franklin Solar to pursue the development of energy
storage QFs, upon closing of its acquisition of Franklin Solar, DER had planned to have
Franklin Solar voluntarily dismiss this case. However, before DER and APD consummated the
Franklin Solar transaction, this Court entered its Memorandum Decision and Order: Re:
Case 1:18-cv-00236-REB Document 76-2 Filed 03/31/20 Page 2 of 4

DECLARATION OF ROBERT PARRETT IN SUPPORT OF UNOPPOSED MOTION FOR INDICATIVE
RULING ON MOTION TO VACATE - 3
Motions to Dismiss and Cross-Motions for Summary Judgment (“Memorandum Decision”)
(Dkt. 62) and Judgment (Dkt. 63).
6. Franklin Solar, under the ownership of DER, has no interest in pursuing energy
storage QFs. Since DER’s acquisition of Franklin Solar, Franklin Solar has formally abandoned
the second development scenario and has withdrawn the FERC Form 556 filings.
7. DER and Franklin Solar have taken prompt steps to inform the other parties to
this case, the Idaho Public Utility Commissioners in their official capacities (“Commissioners”)
and Idaho Power Company (“Idaho Power”) of the change in ownership.
8. DER and Franklin Solar have also informed the Commissioners and Idaho Power
of Franklin Solar’s withdrawal of the FERC Form 556 filings, and of Franklin Solar’s plans to
proceed with the development of a 100 MW solar photovoltaic electric generating facility,
which undisputedly does not qualify as a QF.
I declare under the penalties of perjury that the foregoing is true and correct.
DATED this 31st day of March 2020.
/s/ Robert Parrett
ROBERT PARRETT

Case 1:18-cv-00236-REB Document 76-2 Filed 03/31/20 Page 3 of 4

DECLARATION OF ROBERT PARRETT IN SUPPORT OF UNOPPOSED MOTION FOR INDICATIVE
RULING ON MOTION TO VACATE - 4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 31st day of March, 2020, I filed the foregoing
electronically through the CM/ECF system, which caused the following parties or counsel to be
served by electronic means, as more fully reflected on the Notice of Electronic Filing:
Brandon Karpen [e-mail]
Edward Jewell [e-mail]
Scott Zanzig [e-mail]
John P. Coyle [e-mail]
Steven B. Andersen [e-mail]
Christine R. Arnold [e-mail]
Donovan E. Walker [e-mail]

/s/ A. Dean Bennett
A. Dean Bennett for HOLLAND & HART LLP

Case 1:18-cv-00236-REB Document 76-2 Filed 03/31/20 Page 4 of 4