20181026Affidavit of D Walker 40-2.pdf

DECLARATION OF DONOVAN E. WALKER
Steven B. Andersen (ISB 2618) [e-mail]
Wade L. Woodard (ISB 6312)
[e-mail] ANDERSEN SCHWARTZMAN WOODARD BRAILSFORD, PLLC 101 South Capitol Boulevard, Suite 1600
Boise, ID 83702-7720
Telephone: [phone] Facsimile: 208.342.4455 Donovan E. Walker (ISB 5921)
[e-mail] IDAHO POWER COMPANY 1221 West Idaho Street (83702) P. O. Box 70 Boise, ID 83707
Telephone: [phone]
Facsimile: 208.388.6936
Attorneys for Defendant-Intervenor Idaho Power Company
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,
vs.
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-00236-REB
DECLARATION OF DONOVAN E. WALKER
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DECLARATION OF DONOVAN E. WALKER - 1
I, DONOVAN E. WALKER, pursuant to 28 U.S.C. § 1746, declare as follows:
1. I am Lead Counsel for Defendant-Intervenor Idaho Power Company (“Idaho
Power”).
2. I submit this Declaration in support of Idaho Power’s Response to Plaintiffs’
Motion for Summary Judgment, Idaho Power’s Motion for Summary Judgment and Idaho Power’s
Motion to Dismiss Plaintiffs’ First Amended Complaint.
3. Attached hereto as Exhibit 1 is a true and correct copy of Plaintiff Franklin Energy
Storage One, LLC’s proposed battery storage facility’s Schedule 73 application requesting
standard/published avoided cost pricing and 20-year contracts, the Federal Energy Regulatory
Commission’s (“FERC”) Form 556 Certification of Qualifying Facility (“QF”) Status for a Small
Power Production or Cogeneration Facility and the proposed project’s generation/output profile
submitted by Plaintiff Franklin Energy Storage One, LLC to Idaho Power in January 2017.
4. Attached hereto as Exhibit 2 is a true and correct copy of Plaintiff Franklin Energy
Storage Two, LLC’s proposed battery storage facility’s Schedule 73 application requesting
standard/published avoided cost pricing and 20-year contracts, the FERC Form 556 Certification
of QF Status for a Small Power Production or Cogeneration Facility and the proposed project’s
generation/output profile submitted by Plaintiff Franklin Energy Storage Two, LLC to Idaho
Power in January 2017.
5. Attached hereto as Exhibit 3 is a true and correct copy of Plaintiff Franklin Energy
Storage Three, LLC’s proposed battery storage facility’s Schedule 73 application requesting
standard/published avoided cost pricing and 20-year contracts, the FERC Form 556 Certification
of QF Status for a Small Power Production or Cogeneration Facility and the proposed project’s
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DECLARATION OF DONOVAN E. WALKER - 2
generation/output profile submitted by Plaintiff Franklin Energy Storage Three, LLC to Idaho
Power in January 2017.
6. Attached hereto as Exhibit 4 is a true and correct copy of Plaintiff Franklin Energy
Storage Four, LLC’s proposed battery storage facility’s Schedule 73 application requesting
standard/published avoided cost pricing and 20-year contracts, the FERC Form 556 Certification
of QF Status for a Small Power Production or Cogeneration Facility and the proposed project’s
generation/output profile submitted by Plaintiff Franklin Energy Storage Four, LLC to Idaho
Power in January 2017.
7. Attached hereto as Exhibit 5 is a true and correct copy of a map submitted by
Plaintiffs to Idaho Power that depicts the location and layout of each of Plaintiffs’ four proposed
battery storage facilities.
8. Attached hereto as Exhibit 6 is a true and correct copy of a letter from Michael
Darrington of Idaho Power to Peter Richardson, Plaintiffs’ counsel, dated February 9, 2017, on
which I was carbon copied.
9. Attached hereto as Exhibit 7 is a true and correct copy of a letter from Mr.
Richardson to Mr. Darringon, dated February 10, 2017, on which I was carbon copied.
10. Attached hereto as Exhibit 8 is a true and correct copy of a letter from Mr.
Darrington to Mr. Richardson, dated February 27, 2017, on which I was carbon copied.
11. Attached hereto as Exhibit 9 is a true and correct copy of Idaho Power’s Petition
for Declaratory Order without exhibits that it filed with the IPUC on February 27, 2017 in Case
No. IPC-E-17-01.
12. Attached hereto as Exhibit 10 is a true and correct copy of the IPUC’s Order No.
33785, dated July 13, 2017, that it issued in Case No. IPC-E-17-01.
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DECLARATION OF DONOVAN E. WALKER - 3
13. Attached hereto as Exhibit 11 is a true and correct copy of Plaintiffs’ Petition for
Reconsideration that they filed with the IPUC on August 3, 2017 in Case No. IPC-E-17-01.
14. Attached hereto as Exhibit 12 is a true and correct copy of the IPUC’s Order No.
33858, dated August 29, 2017, that it issued in Case No. IPC-E-17-01.
15. Attached hereto as Exhibit 13 is a true and correct copy of Plaintiffs’ a Petition for
Declaratory Order and Petition for Enforcement Pursuant to Section 210(h) of the Public Utility
Regulatory Policies Act of 1978 that they filed with FERC on or about December 14, 2017 in
Docket No. EL 18-50-000.
16. Attached hereto as Exhibit 14 is a true and correct copy of FERC’s Notice of Intent
Not to Act, dated February 15, 2018, in Docket No. EL 18-50-000.
17. The hourly generation output profile that each of the four Plaintiffs submitted to
Idaho Power in January 2017 generally matches the shape, timing and output of a solar generation
profile.
I declare under penalty of perjury pursuant to the laws of the United States of America that
the foregoing is true and correct.
DATED this 26th day of October, 2018.

/s/ Donovan E. Walker Donovan E. Walker

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DECLARATION OF DONOVAN E. WALKER - 4
CERTIFICATE OF SERVICE
I hereby certify that on this 26th day of October, 2018, I caused a true and correct copy of
the foregoing document to be electronically filed with the Clerk of the Court using the CM/ECF
system, which sent a Notice of Electronic Filing to the following persons:
Peter J. Richardson [e-mail] Robert C. Huntley [e-mail] Brandon Karpen [e-mail] Scott Zanzig [e-mail]

/s/ Steven B. Andersen
Steven B. Andersen

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