The URL can be used to link to this page

Home My WebLink About20110119Petition to Intervene.pdfII BLUE RIBBON ENERGY LLC 4515 South Ammon Road Ammon, Idaho, 83406 208-524-2414 (Owner MJ Humphries) 801-523-2090 (Owner Arron F. Jepson) RECEl\/ iOti JAN 19 AM 10: 35 lI)ßj~t.,tCf UTlLlfiES BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION-0000000- IN THE MATTER OF THE JOINT PETITION OF IDAHO POWER COMPANY, AVISTA CORPORATION, AND PACIFICORP DBA ROCKY MOUNTAIN POWER, TO ADDRESS AVOIDED COST ISSUES AND TO ADJUST THE PUBLISHED AVOIDED COST RATE ELIGIBILITY CAP Case No. GNR-E-10-04 ORDER NO. 32131 RULE 73 EMERGENCY PETITION FOR INTERVENTION of BLUE RIBBON ENERGY LLC RULE 53 POINTS AND AUTHORITIES IN SUPPORT OF PETITION RULE 41 DESIGNATION OF REPRESENTATIVES -0000000- PETITION Comes Now Blue Ribbon Energy LLC (heeafter calle "BRE" or "Blue Ribbon") and respectfully submits, in compliance with Rule 62, this IPUC Rule 73 Petition for Intervention in Case number 32131, regarding the above referenced Joint Utilities' Petition regarding avoided cost issues, and for the appointment or designation of Blue Ribbon as a Rule 36 "Intervenor" in the above titled case. Blue Ribbon petitions for and requests an Order allowing its intervention, as specifically allowed by Rule 73 - "unless a different time is provided by Order." POINTS AND AUTHORITIES IN SUPPORT OF PETITION 1 This Petition and the following Points and Authorities are submitted in compliance with Rule 53.04 (b), requiring citations of all authorities relied upon by the petitioner, and in compliance with Rules 41, 61, and 62, as required by Rule 72. 2 The Idaho Public Utilties Commission ( hereafter "I PUC" or "Commission") has the authority to allow Intervention by Order (See IPUC Rules 36 and 73; all rules referred to in this pleading refer to the IPUC Rules of Procedure, unless otherwise provided). 3 The time for Intervention prior to a Hearing may be lengthened or shortened by Order of the Commission (see Rule 73). 4 Rule 73 clearly allows late intervention as follows: Petitions not timely filed must state a substantial reason for delay. The Commission may deny or conditionally grant petitions to intervene that are not timely filed for failure to state good cause for untimely filing, to prevent disruption, prejudice to existing parties or undue broadening of the issues, or for other reasons. Intervenors who do not file timely petitions are bound by orders and notices earlier entered as a condition of granting the untimely petition. 5 The wording, "Petitions not timely filed must state a substantial reason for delay," is unclear as to whether the "delay" referred to, is a "delay" in the case, caused by the requested intervention, if granted, or alternately refers to a "delay" in filing the Petition itself. Based upon the later wording in Rule 73 (see below), which allows for late filng without stating "goo cause," it is reasonable to conclude that the "delay" referred to above, is a "delay" in the above referenced pending ~. Therefore, your Petitioner herein, Blue Ribbon, submits that it's intervention, if granted, wil cause no "delay" in the pending case, of any kind, and makes no request for a continuance of any hearing presently set, in the above title case, on 2 the IPUC's calendar. Furthermore, Blue Ribbon submits that the IPUC has broad and unlimited discretion in granting Petitions for Intervention, and that Rule 73 expressly allows late intervention without the requirement of stating a "substantial reason" or "good cause" for a late filed Petition wherein it provides: The Commission may deny or conditionally grant petitions to intervene that are not timely filed for failure to state good cause for untimely filing. . . (emphasis added) 6 Furthermore, Rule 13 mandates that the IPUC's Rules of Procedure - "wil"- "be liberally construed to secure just, speedy and economical determination of all issues presented to the Commission." 7 Rule 74 Requires the Granting of Blue Ribbon's Petition: Rule 74 states in clear language that the Commission or a presiding officer thereof "wil grant intervention" of a Petition to Intervene which shows a direct and substantial interest in any part of the subject matter of a proceeding, and which petition does not unduly broaden the issues. This rule does not distinguish between timely and late filed Petitions. 8 Nevertheless, Blue Ribbon states that it is inexperienced in Commission matters and procedures and filing deadline requirements, and did not clearly understand the same, was unaware that there even existed IPUC Rules of Procedure, and that it was quite unaware of the necessity of filing a written Petition for Intervention in the above titled case, to avoid exclusion from participation in the case, and that it only now, for the first time, has acquired the most basic awareness of and familiarity with the aforesaid procedures and rules. For this 3 ignorance Blue Ribbon apologizes and requests the Commission's liberal construction of its Rules and of this Petition, in Blue Ribbon's favor. 9 Blue Ribbon's Intervention wil NOT (a) cause any disruption in the case, (b) prejudice any existing part, or (c) unduly broaden the existing issues of the case. 10 Blue Ribbon agrees to be bound by any and all existing Orders and Notices in the case, following intervention, except as to the petition filng deadline. 11 Rule 41 Designation of Representatives: Pursuant to Rule 41, subsections 01 and 02, and Rule 43, subsection 04, Blue Ribbon discloses and states that it wil be represented by either or both of its two owners/members (LLC's have "members" not officers - See Idaho Limited Liability Act, I.C. §53-608, et seq.), MJ Humphries and Arron Jepson, whose addresses and phone numbers are respectively: MJ Humphries Member of Blue Ribbon 4515 South Ammon Road Ammon, Idaho 83406 208-524-2414 blueribbonenergycmgmail.com Arron F. Jepson Member of Blue Ribbon 10660 South 540 East Sandy, Utah 84070 801-523-2090 ArronEsgcmaol.com 12 Rule 71 Declaration of Direct and Substantial Interest: Blue Ribbon has three permitted PURPA Wind Farms and a fourth wind farm application for a permit pending, all in process of development in the State of Idaho, and therefore claims, pursuant to Rule 71, a direct and substantial interest in the subject matter of the aforesaid and above titled proceeding, regarding avoided 4 cost rates and size of PURPA Wind Farms. Blue Ribbon petitions and respectfully requests an immediate IPUC ORDER allowing and appointing it as a Rule 36 Intervenor in this proceeding, Case Number 32131. CONCLUSION: Having complied with the IPUC Rules of Procedure for Intervention, Blue Ribbon Energy LLC respectully requests that its Petition for Intervention be granted forthwith, and that it be allowed to participate in all scheduled and upcoming hearings in this case. Respectfully submitted this 18, day of January, 2011, Blue Ribbon Energy LLC BY~ 5 RULE 64 CERTIFICATE OF SERVICE The undersigned does HEREBY CERTIFY (swear or affirm) that I have ths 18 day of, Januar, 2011 served the foregoing Petition to Intervene upon the Commission Secreta pursuant to Rule 61, by U.S. mail and by email, and upon all other paries of record, listed by the Commission Secretar in ths proceeding in the Second Amended Notice of Paries, and as set forth herein below, by way of email, pursuat to Rule 61, subsection 03.?~~AIon Jepson U IDAHO POWER COMPANY (Exhibit Nos. 1-100) Donovan E. Waler Lisa D. Nordstrom Idao Power Company PO Box 70, Boise, Idaho 83707-0070 E-mail: dwalker(iidaopower.com lnordstrom(iidahopower.com A VISTA CORPORATION: (Exhibit Nos. 101-200) Michael G. Andrea A vista Corporation 1411 E. Mission Ave. Spokane, W A 99202 E-mail: michael.andrea(iavistacorp.com PACIFICORP, dba ROCKY MOUNTAIN POWER (Exhibit Nos. 201-300) Daniel Solander PacifiCorpl dba Rocky Mountain Power 201 S. Main St., Suite 2300 Salt Lake City, UT 84111 E-mail: danel.solander(iacificorp.com COMMISSION STAF: (Exhibit Nos. 301-400) Donald L. Howell, IT Krstine A. Sasser Deputy Attorneys Genera Idaho Public Utilities Commssion 472 W. Washington (83702) PO Box 83720 Boise,ID 83720-0074 E-mail: don.howell(iuc.idaho.gov Krs.sasser(iuc.idaho.gov 6 THE NORTHWEST AND INTERMOUNTAIN POWER PRODUCERS COALITION: (Exhibit Nos. 401-500) J.R. SIMPLOT COMPANY: (Exhibit Nos. 501-600) GRAD VIEW SOLAR II: (Exhibit Nos. 601-700) Peter J. Richardson Gregory M. Adas Richardson & O'Lear, PLLC PO Box 7218 Boise, ID 83702 E-mail: peter(irichardsonandolear.com greg(irichardsonandolear.com Robert D. Kah, Executive Director Nortwest and Intermountain Power Producers Coalition 1117 Minor Ave., Suite 300 Seattle, Washington 98101 E-mail: rkah~ppc.org Peter J. Richardson Gregory M. Adas Richardson & O'Lear, PLLC PO Box 7218 Boise, Idaho 83702 E-mail: peterCfchardsonandolear.com greg(irichardsonandolear.com Don Stuevant, Energy Director J.R. Simplot Company PO Box 27 Boise, il 83707-0027 E-mail: don.stuevant(isimplot.com Peter J. Richardson Gregory M. Adas Richardson & O'Lear, PLLC PO Box 7218 Boise, Idao 83702 E-mail: peter(irichardsonandolear.com greg(irichardsonandolear.com Robert A. Paul Grand View Solar IT 15690 Vista Circle, Desert Hot Springs, Ca 92241 E-mail: robertpaul08(igmail.com 7 EXERGY DEVELOPMENT GROUP OF IDAHO, LLC: (Exhibit Nos. 701-800) CEDAR CREEK WIND, LLC: (Exhibit Nos. 801-900) Peter J. Richardson Gregory M. Adas Richardson & O'Lear, PLLC PO Box 7218 Boise, Idaho 83702 E-mail: peter(irichadsonandolear.com greg(irichadsonandolear.com James Carkulis Managing Member Exergy Development Group of Idaho, LLC 802 W. Banock St., Suite 1200 Boise, ID 83702 E-mail: jcarkulis(iexergydevelopment.com Ronald L. Wiliams Wiliams Bradbur, P.C. 1015 W. Hays Street Boise, il 83702 E-mail: ron(iwiliamsbradbur.com Scott Montgomery President Cedar Creek Wind, LLC 668 Rockwood Dr. Nort Salt Lake, UT 84054 E-mail: scott(iwesternenergy.us Dan Zentz Vice President Sumit Power Group, Inc. 2006 E. Westminster Spokane, WA 99223 E-mail: dzentz(isumtpower.com 8 RENEWABLE ENERGY COALITION: (Exhibit Nos. 901-1000) INTERCONNECT SOLAR DEVELOPMENT, LLC: (Exhibit Nos. 1001-1100) INTERMOUNAIN WIND, LLC: (Exhibit Nos. 1101-1200) Thomas H. Nelson, Attorney PO Box 1211 Welches, OR 97067-1211 E-mail: nelson(ithelson.com JohnR. Lowe Consultat to Renewable Energy Coalition 12050 SW Tremont St. Portland, OR 97225 E-mail: jravensanarcos(iyahoo.com R. Greg Ferney Mimura Law Offces, PLLC 2176 E. Franin Rd., Suite 120 Meridian, ID 83642 E-mail: greg(imimuralaw.com Bil Piske, Manager Interconnect Solar Development, LLC 1303 E. Carer Boise, ID 83706 E-mail: bilpiskeCicableone.net Dean J. Miler McDevitt & Miler, LLP PO Box 2564, Boise,ID 83701 E-mail: joe(imcdevitt-miler.com Paul Marin Intermountan Wind, LLC PO Box 353 Boulder, CO 80306 E-mail: paulmarin(iintermountawind.com 9 DYNAMIS ENERGY, LLC: (Exhibit Nos. 1201-1300) NORTH SIDE CANAL COMPAN, TWIN FALLS CANAL COMPANY: (Exhibit Nos. 1301-1400) THE BOARD OF COUNTY COMMSSIONERS OF ADAMS COUNTY, IDAHO: (Exhibit Nos. 1401-1500) Ronald L. Wiliams Wiliams Bradbur, P.C. 1015 W. Hays Street Boise, il 83702 E-mail: ron(iwillamsbradbur.com Wade Thomas General Counel Dynamis Energy, LLC 776 W. Riverside Dr., Suite 15 Eagle, Idao 83616 E-mail: wtomas(idynamisenergy.com Shelley M. Davis Barker Rosholt & Simpson, LLP 1010 W. Jefferson St. (83702) PO Box 2139 Boise, il 83701 E-mail: smd(iidahowaters.com Brian Olmstead General Manger Twin Falls Canal Company POBox 326 Twin Falls, il 83303 E-mail: olmstead(itfcanal.com Ted Diehl General Manager Nort Side Canal Company 921 N. Lincoln St. Jerome, ID 83338 E-mail: nscanal(icableone.net Peter J. Richardson Gregory M. Adams Richadson & O'Lear, PLLC PO Box 7218 Boise, Idaho 83702 E-mail: peter(ichardsonandolear.com 10 BIRCH POWER COMPANY: (Exhibit Nos. 1501-1600) IDAHO WINDFARS, LLC~ (Exhibit Nos. 1601-1700) greg(irichardsonandolear.com Bil Brown, Chair Board of Commissioners of Adas County Idaho, PO Box 48 Council, ID 83612 E-mal: bdbrown(ifrontiernet.net Ted S. Sorenson, P.E. Birch Power Company 5203 South llt" East Idaho Falls, ID 83404 E-mail: ted(itsorenson.net Glenn Ikemoto Margaret Rueger Idaho Windfars, LLC 672 Blair Avenue Piedmont, CA 94611 E-mail: glen(ienvisionwind.com margaret(ienvisionwind.com 11