20091222Motion to Initiate Schedule.pdf

Peter J. Richardson
ISB No. 3195
Richardson & O'Lear
515 N. 27th Street
P.O. Box 7218
Boise, Idaho 83702
Telephone: [phone] Tel
Fax: [phone] Fax
peter~richardsonandoleary .com
Attorneys for the Northwest and Intermountain Power Producers Coalition
RECCt\l¡:, :, ",J t~.. 1. '¡' ;_,~
2009 DEC 22 AM 9: 10
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE NORTHWEST )AND INTERMOUNTAIN POWER )
PRODUCERS COALITION'S PETITION TO )
OPEN A GENERIC INVESTIGATION )
REGARING COMPETITIVE BIDDING )
REQUIREMENTS FOR NEW SUPPLY-SIDE )RESOURCE ACQUISITIONS )
)
)
)
)
bNR-E-68-Q3
CASE NO. IPC-E-ö7-öS
MOTION OF THE INTERMOUNTAIN
POWER PRODUCERS COALITION
TO INITIATE PROCEDURAL
SCHEDULE AND TO NAROW
SCOPE OF PROCEEDING TO IDAHO
POWER ONLY
COMES NOW, the Northwest and Intermountain Power Producers Coalition, hereinafter
referred to as "NIPPC," and pursuant to this Commission's Rules of Procedure, Rule 56 IDAPA
31.01.01.56 hereby moves the Commission to initiate a procedural schedule and to narow the
scope of this docket to Idaho Power Company ("Idaho Power").
NIPPC initiated this docket on November 26, 2008 by filing a petition to open a generic
investigation into the desirability of initiating competitive biding guidelines. Subsequent to its
Petition to open a generic docket, Idaho Power fied an application for a certificate of public
convenience and necessity for the Langley Gulch Power Plant in Docket No. IP-E-09-03. In the
Langley Gulch docket's prehearing conference it was noted that generic competitive bidding
docket was pending and that it would be put on hold pending the outcome of the Langley Gulch
case. The following exchange in the Langley Gulch prehearing conference between
Commissioner Smith, the Staff Attorney and the attorney for NIPPC clarfies the relationship
between the two dockets:
COMMISSIONER SMITH: I just have a question and the question is on the
bidding issue that's in this case which as I heard you describe it is was the request for
proposal done correctly for the Langley Gulch project as opposed to being some generic
investigation into the whole issue of bidding; is that correct?
MR. WOODBURY: It's a separate docket, Generic E-08-03 which was the
petition to open a generic investigation.
COMMISSIONER SMITH: And that's not this case?
MR. WOODBURY: That's not this case.
MR. RICHARDSON: Than you, Mr. Chairman. As the attorney representing
the petitioner in the generic docket, I would like to clarify that NIPPC may intervene in
this case and may raise, and wil likely raise, issues relative to the conduct of the RFP
specific to the Langley Gulch project, but may have generic implications just to be clear.
IPC-E-09-03, Tr. 10 - 11.
NIPPC did intervene in IPC- E-09-03 and did present testimony as to the lack of
transparency and other defects in the competitive procurement process used by Idaho Power in
its self-selection as the winning bidder in its RFP process. While the Commission did grant
Idaho Power a certificate of convenience and necessity to build Langley Gulch, it did so by
observing:
The Company should, however, be concerned about perception that the third-
part consultant was directed by the Company and there was a bias in the selection
process. The actual or perceived flaws in the RFP process, we find, while not fatal to the
Company's resource selection clearly demonstrate a need for a separate proceeding to
consider RFP competitive bidding rules and guidelines. We recognize that the Northwest
& Intermountain Power Producers Coalition has filed a petition requesting such an
investigation (Case No. GNR-E-08-03). The Commission will explore utility RFP's for
supply-side resources in that case or another opened for that purose.
Order No. 30892 pp 30 - 31. Emphasis provided.
Motion to Establish Procedural Schedule 2
The bidding process used by Idaho Power in the selection' of the Langley Gulch resource
"clearly demonstrate a need for a separate proceeding" to investigate competitive bidding rues
and guidelines. That separate proceeding is curently on "hold" according to the Commission's
official web site. Attached as Exhibit A is a copy of the Commission's web page for the generic
docket indicating that the docket is "ON HOLD". NIPPC requests that hold status be lifted and
that the Commission establish a procedural schedule under which interested paries can proceed
to fully investigate the competitive procurement practices of Idaho Power Company as ordered
by the Commission in Order No. 30892.
NIPPC believes that workshops including stakeholders that are facilitated by an expert
with experience in implementing competitive bidding procedures for investor owned utilities
would be an efficient and cost effective first step in this docket. NIPPC would be willng to
work with the Commission's Staff in identifying such an individual and is ready to proceed at the
Commission's pleasure.
NIPPC further requests that this docket be amended to eliminate its generic status and
limit the issues to be explored to only Idaho Power. NIPPC understands that the other two
relevant electric utilities operating in Idaho already comply with competitive procurement rules
in the other states in which they operate. There is no need for Idaho to be duplicative of rules
already in play in those states. Although Idaho Power also operates in Oregon, it proceeded with
the Langley Gulch RFP without also complying with Oregon's competitive bidding
requirements. Therefore it is clear that unless this Commission acts on NIPPC's Petition, the
ratepayers will continue to be exposed to procurement practices that do not engender robust
bidder participation and confidence.
Motion to Establish Procedural Schedule 3
DATED this 22nd day of December 2009.
Motion to Establish Procedural Schedule
Richardson & O'Leary, LLP
r-/J~~By 1YJ/~/í
Peter J. Richardson
Northwest and Intermountain Power
Producers Coalition
4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 22nd day of December 2009, a true and correct
copy of the within and foregoing MOTION OF THE INTERMOUNTAIN POWER
PRODUCERS COALITION TO INITIATE PROCEDURAL SCHEDULE AND TO
NAROW SCOPE OF PROCEEDING TO IDAHO POWER ONL Y was served by hand
delivery, to:
Baron Kline
Idaho Power Company
PO Box 70
Boise, Idaho 83707-0070
Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
472 West Washington
Boise, Idaho 83702
f?4/1
Motion to Establish Procedural Schedule 5
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
6NR. - E -a -ò"3
CASE NO.1I'C-I!-ö'7-68
IN THE MATTER OF THE NORTHWEST )AND INTERMOUNTAIN POWER )
PRODUCERS COALITION'S PETITION TO )
OPEN A GENERIC INVESTIGATION )
REGARDING COMPETITIVE BIDDING )
REQUIREMENTS FOR NEW SUPPLY-SIDE )RESOURCE ACQUISITIONS )
)
)
)
)
EXHIBIT A TO MOTION TO
INITIATE PROCEDURAL
SCHEDULE
IPUC Case Summary Page 1 of 1
CASE SUMMARY
Last Updated on: 12/21/2009 10:45:42 AM
Case Number: GNR-E-08-03 Date Filed: 11/26/2008
Description: GENERIC ELECTRIC - - REQUEST INVSTIGATION RE COMPETITIVE BIDDING REQUIREME!
Case Type: PETITIO Status: ON HOLD
CASE FILES:
11/26/2008 PETITION. PDF
ORDERS & NOTICES:
COMPAN:
03/27/2009 KAN DIRECT. PDF
03/27/2009 READING DIRECT. PDF
STAFF:
12/19/2008 DECISION MEMO. PDF
INTERVENOR:
http://ww . puc.idaho.gov /internet/ cases/summary /GNR0803.... 12/21/2009