The URL can be used to link to this page

Home My WebLink About20110121NIPPC Motion to Strike.pdfiun JAN 21 lUi II: li9 ~.~PU ATTORNEYS AT LAW Peter Richardson Tel: 208-938-7901 Fax: 208-938-7904 pe te r~ r icha rds 0 nan dol e a ry. co m P.O. Box 1218 Boise,lD 83707 - 515 N. 27th St. Boise, ID 83702 January 21,2011 Ms. Jean Jewell Commission Secretary Idaho Public Utilities Commission PO Box 83720 Boise ID 83720-0074 HAND DELIVERY RE: Case No. GNR-E-10-o4 Dear Ms. Jewell: On behalf of the Northwest and Intermountain Power Produærs Coalition, enclosed please find an original and seven (7) copies of the MOTION TO STRIKE THE PREFILED TESTIMONY OF BRUCE GRISWOLD OR IN THE ALTERNATIVE TO AMEND SCHEDULE and three copies of THE FIFTH PRODUCTION REQUEST OF THE NORTHWEST AND INTERMOUNTAIN POWER PRODUCERS TO THE JOINT UTILITIES in the above case. I have also enclosed an extra copy of each pleading to be serviæ-dated and returned to us for our files. Thank you. -iin*¡i~ Nf Curt Administrative Assistant enc!. Peter J. Richardson (ISB # 3195) Gregory M. Adams (ISB # 7454) Richardson & O'Lear, PLLC 515 N. 27th Street P.O. Box 7218 Boise, Idaho 83702 Telephone: (208) 938-7901 Fax: (208) 938-7904 peter(ßrichardsonandoleary.com greg(ßrichardsonandoleary.com lûU JMi 2' AM H:50 Attorneys for Nortwest and Intermountain Power Producers Coalition BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE JOINT PETITION OF IDAHO POWER COMPANY, AVISTA CORPORATION AND ROCKY MOUNTAIN POWER TO ADDRESS AVOIDED COST ISSUES AND JOINT MOTION TO ADJUST THE PUBLISHED AVOIDED COST RATE ELIGIBILITY CAP ) ) CASE NO. GNR-E-I0-04 ) )) MOTION TO STRIKE THE PREFILED DIRECT TESTIMONY OF BRUCE ~ GRISWOLD OR IN THE ALTERNATIVE ) TO AMEND SCHEDULE OF THE ) NORTHWEST AND INTERMOUNTAIN ) POWER PRODUCERS COALITION ) ) Pursuat to Rule 56 of the Rules of Procedure of the Idaho Public Utilities Commission (the "Commission"), the Northwest and Intermountain Power Producers Coalition ("NIPPC") hereby lodges its Motion to Strke the prefied testimony of Bruce Grswold or in the alternative to amend the schedule. In support thereofNIPPC says as follows: Page 1 - MOTION TO STRIKE OR IN THE ALTERNATIVE TO AMEND SCHEDULE OF THE NORTHWEST AND INTERMOUNTAIN POWER PRODUCERS COALITION - GNR- E-I0-04 BACKGROUND The Commission issued Order No. 32131 in ths docket on December 3, 2010, providing Notice of Joint Petition; Notice of Modified Procedure; Notice ofIntervention Deadline; and Notice of Oral Argument. In that Order the Commission specifically declared that: YOU ARE FURTHER NOTIFIED that the Commission has determined that the public interest may not require a formal hearing in this matter and will proceed under Modified Procedure pursuat to Rules 201 through 204 of the Idaho Public Utilties Commission's Rules of Procedure, IDAPA 31.01.01.201 through .204. The Commission notes that Modified Procedure and wrtten comments have proven to be an effective means for obtaining public input and paricipation. The Commission fuher finds that it is appropriate to schedule an oral arguent for paries to present their case. Order No. 32131, at p. 6, (capitalization in original). The date for filing Reply Comments was Januar 19,2011, and the date for oral arguent is next Thursday, Janua 27, 2011. Rules 201 through 204 of the Commission's rules govern the process by which Modified Procedure is prosecuted before the Commission. Rule 201 allows the Commission to "preliminarly find that the public interest may not require a hearng to consider the issues presented." Rule 202 provides that when the Commission makes a preliminar finding that the public interest may not require it to hold a hearing, that it shall establish a deadline for "fiing written protests or comments, and a reply by the moving pary." It also requires notice be given to all interested paries. Rule 203 provides that affected persons may file wrtten protests or comments but requires that "Persons desiring a hearing must specifically request a hearng in their written protests or comments." Finally, Rule 204 provides the Commission with the discretion to consider the matter based on the fied comments and protests or to set the matter for hearing. The rules of Modified Procedure do not allow for testimony to be filed or heard. Page 2 - MOTION TO STRIKE OR IN THE ALTERNATIVE TO AMEND SCHEDULE OF THE NORTHWEST AND INTERMOUNTAIN POWER PRODUCERS COALITION - GNR- E-I0-04 PRAYER FOR RELIEF 1. BECAUSE ROCKY MOUNTAIN POWER HAS NOT REQUESTED A HEARNG, NIPPC RESPECTFULLY REQUESTS THAT THE COMMISSION STRIKE MR. GRISWOLD'S TESTIMONY. The Commission's Procedural Rule 203 requires Rocky Mountain Power to "specifically request a hearng" if it wants the Commission to hold a hearng where evidence can be heard. Rocky Mountain Power has not done so. Nevertheless, Rocky Mountain Power has prefied the testimony Mr. Griswold along with its Reply Comments, which fact suggests that it intends to call Mr. Griswold as a witness at oral arguent or otherwse admit his testimony as evidence in this case. No other paries have filed testimony, presumably because the Commission's procedural schedule has not provided for the fiing of testimony or a hearing where such testimony could be challenged by adverse paries. NIPPC submits that permitting one pary to, at the eleventh hour, file testimony and sponsor a witness at a hearing noticed only for oral arguent in a modified procedure docket is prejudicial to the due process rights of all other paries and clearly violates Rules 201 - 204. See, e.g., Lawrence Warehouse Co. v. Rudio Lumber Co., 89 Idaho 389, 396, 405 P.2d 634 (1965) ("Trial of an issue of fact necessitates opportnity to present evidence and not by only one side to the controversy."). NIPPC therefore respectfully requests the Commission strike Mr. Grswold's testimony and not enter it into the record of this proceeding. Page 3 - MOTION TO STRIKE OR IN THE ALTERNATIVE TO AMEND SCHEDULE OF THE NORTHWEST AND INTERMOUNTAIN POWER PRODUCERS COALITION - GNR- E-I0-04 2. ALTERNATIVELY, IF THE COMMISSION DENIES NIPPC'S REQUEST TO STRIKE MR. GRISWOLD'S TESTIMONY, NIPPC RESPECTFULLY REQUESTS THAT THE COMMISSION AMEND THE SCHEDULE TO ALLOW ALL PARTIES THE OPPORTUNITY TO FILE TESTIMONY AND CROSS EXAINE WITNESSES AT A HEARING. NIPPC has formally requested an evidentiar hearing on the eligibility cap phase of this docket in its Comments and in its Reply Comments, as required in the Commission's rules for modified procedure. The Commission has not yet ruled on NIPPC's request, so NIPPC has not fied testimony. If Rocky Mountain Power believes, as it apparently does, that there are factual matters that must be brought before the Commission in order for it to decide the issues in this phase of this docket, Rocky Mountain Power should so state in a filing with the Commission. The Commission could then exercise its discretion, pursuant to Rule 203, to decide whether a hearng is waranted. If the Commission accepts Rocky Mountain Power's testimony, then all paries should be afforded their full due process rights by being allowed to file direct testimony and rebutt testimony, as well as be afforded an opportty to engage in cross examination. See Commission Rules of Procedure 241-260. Should the Commission deny NIPPCs Motion to Strike Mr. Griswold's testimony, NIPPC respectfuly moves this Commission to convene a prehearng conference with all paries to arve at acceptable dates for pre fiing testimony, reply testimony, and rebuttl testimony, as well as a hearing. Page 4 - MOTION TO STRIKE OR IN THE ALTERNATIVE TO AMEND SCHEDULE OF THE NORTHWEST AND INTERMOUNTAIN POWER PRODUCERS COALITION - GNR- E-I0-04 y Respectfully submitted this J. \ day of Janua 2011. RICHARDSON AND O'LEARY, PLLCtd,~ Peter J. Richardson (ISB No: 3195) Gregory M. Adams (ISB No. 7454) Attorneys for the Nortwest and Intermountain Power Producers Coalition ) Page 5 - MOTION TO STRIKE OR IN THE ALTERNATIVE TO AMEND SCHEDULE OF THE NORTHWEST AND INTERMOUNTAIN POWER PRODUCERS COALITION - GNR- E-I0-04 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the _ day of Janua, 2011, a tre and correct copy of the within and foregoing MOTION TO STRIKE OR IN THE ALTERNATIVE TO AMEND SCHEDULE OF THE NORTHWST AND INTERMOUNTAIN POWER PRODUCERS COALITION was served as shown to the following paries: Jean Jewell Idaho Public Utilties Commission 472 W. Washington Boise, ID 83702 jean. i ewelltipuc.idaho.gov lL Hand Delivery _U.S. Mail, postage pre-paid Facsimile L Electronic Mail Donald L. Howell II Kristine Sasser Idaho Public Utilities Commission 472 W. Washington Boise, ID 83702 don.howelltipuc.idaho. gov kris.sassertipuc.idaho. gov lL Hand Delivery _U.S. Mail, postage pre-paid Facsimile lL Electronic Mail Donovan E. Walker Lisa D. Nordstrom Idaho Power Company POBox 70 Boise, ID 83707-0070 dwalkertiidahopower.com lnordstromtiidahopower .com _ Hand Delivery XU.S. Mail, postage pre-paid Facsimile lL Electronic Mail Michael G. Andrea A vista Corporation 1411 E. Mission Street Spokane, W A 99202 michael.andreatiavistacorp.com _ Hand Delivery iU.S. Mail, postage pre-paid Facsimile lL Electronic Mail Daniel Solander PacifiCorp/dba Rocky Mountain Power 201 S. Main St., Suite 2300 Salt Lake City, UT 84111 daniel.solandertipacificorp.com _ Hand Delivery LU.S. Mail, postage pre-paid Facsimile lL Electronic Mail Page 6 - MOTION TO STRI OR IN THE ALTERNATIVE TO AMEND SCHEDULE OF THE NORTHWEST AND INTERMOUNTAIN POWER PRODUCERS COALITION - GNR- E-I0-04 Ronald L. Wiliams Wiliams Bradbur PC 1015 W. Hays Street Boise, ID 83702 ront'williamsbradbury.com _ Hand Delivery lLU.S. Mail, postage pre-paid Facsimile lL Electronic Mail Scott Montgomery President, Cedar Creek Wind, LLC 668 Rockwood Dr. North Salt Lake, UT 84054 scottt'westernenergy. us _ Hand Delivery .,U.S. Mail, postage pre-paid Facsimile lL Electronic Mail DanaZenta Sumit Power Group, Inc. 2006 E.Westminster Spokane, W A 99223 dzentz(ßsummitpower.com _ Hand Delivery iU.S. Mail, postage pre-paid Facsimile lL Electronic Mail Thomas H. Nelson PO Box 1211 Welches, OR 97067 nelsont'thnelson.com _ Hand Delivery iU.S. Mail, postage pre-paid Facsimile X- Electronic Mail JohnR. Lowe Renewable Energy Coalition 12050 SW Tremont St Portland, OR 97225 jravensanarcoscmyahoo.com _ Hand Delivery XU.S. Mail, postage pre-paid Facsimile lL Electronic Mail Don Sturevant J.R. Simplot Company PO Box 27 Boise, ID 83707-0027 don. sturevantcmsimplot. com _ Hand Delivery XU.S. Mail, postage pre-paid Facsimile lL Electronic Mail Robert A. Paul Grand View Solar II 15690 Vista Circle Desert Hot Springs, CA 92241 robertapaul08~gmail.com _ Hand Delivery XU.S. Mail, postage pre-paid Facsimile lL Electronic Mail Page 7 - MOTION TO STRIKE OR IN THE ALTERNATIVE TO AMEND SCHEDULE OF THE NORTHWEST AND INTERMOUNTAIN POWER PRODUCERS COALITION - GNR- E-I0-04 James Carkulis Exergy Development Group of Idaho, LLC 802 W. Banock, Ste 1200 Boise, ID 83702 j carkuliscmexergydevelopment.com _ Hand Delivery lLU.S. Mail, postage pre-paid Facsimile lL Electronic Mail R. Greg Ferney Mimura Law Offces, PLLC 2176 E. Franin Rd., Ste 120 Meridian, ID 83642 gregt'mimuralaw.com _ Hand Delivery LU.S. Mail, postage pre-paid Facsimile lL Electronic Mail Bil Piske Interconnect Solar Development, LLC 1303 E. Carer Boise, ID 83706 bilpisket'cableone.net _ Hand Delivery lLU.S. Mail, postage pre-paid Facsimile lL Electronic Mail Dean J Miler McDevitt & Miler, LLP PO Box 2564 Boise,ID 83701 joet'mcdevitt -miler .com _ Hand Delivery lLU.S. Mail, postage pre-paid Facsimile lL Electronic Mail Paul Marin Intermountain Wind, LLC PO Box 353 Boulder, CO 80306 paulmarin(ßintermountainwind.com _ Hand Delivery lLU.S. Mail, postage pre-paid Facsimile lL Electronic Mail Ronald L. Wiliams Wiliams Bradbur, PC 1015 W. Hays Street Boise, ID 83702 roncmwiliamsbradbury.com _ Hand Delivery XU.S. Mail, postage pre-paid Facsimile lL Electronic Mail Wade Thomas Dynamis Energy, LLC 776 W. Riverside Dr., Ste. 15 Eagle,ID 83616 wtomas(ßdynamisenergy.com _ Hand Delivery lLU.S. Mail, postage pre-paid Facsimile lL Electronic Mail Page 8 - MOTION TO STRIKE OR IN THE AL TERNA TIVE TO AMEND SCHEDULE OF THE NORTHWEST AND INTERMOUNTAIN POWER PRODUCERS COALITION - GNR- E-I0-04 Shelley M. Davis Barker Rosholt & Simpson, LLC PO Box 2139 Boise, ID 83701 smdtiidahowaters.com Brian Olmstead Twin Falls Canal Company PO Box 326 Twin Falls, ID 83303 olmsteadtitfcanal.com Ted Diehl Nort Side Canal Company 921 N. Lincoln St. Jerome, ID 83338 nscanalticableone.net Bil Brown Board of Commissioners of Adams County, ID PO Box 48 Council, ID 83612 bdbrowntifrontiernet.net Glen Ikemoto Margaret Rueger Idaho Windfars, LLC 672 Blair Avenue Piedmont, CA 94611 glennitienvisionwind.com margarettienvisionwind.com Jeffrey S. Lovinger Lovinger Kaufman LLP 825 NE Multnomah, Suite 925 Portland, OR 97232 lovingertiLKLaw.com Kenneth E. Kaufman Lovinger Kaufman LLP 825 NE Multnomah, Suite 925 Portland, OR 97232 KaufmantiLKLaw.com _ Hand Delivery LU.S. Mail, postage pre-paid Facsimile lL Electronic Mail _ Hand Delivery LU.S. Mail, postage pre-paid Facsimile lL Electronic Mail _ Hand Delivery LU.S. Mail, postage pre-paid Facsimile lL Electronic Mail _ Hand Delivery LU.S. Mail, postage pre-paid Facsimile lL Electronic Mail _ Hand Delivery LU.S. Mail, postage pre-paid Facsimile lL Electronic Mail _ Hand Delivery LU.S. Mail, postage pre-paid Facsimile lL Electronic Mail _ Hand Delivery LU.S. Mail, postage pre-paid Facsimile lL Electronic Mail Page 9 - MOTION TO STRI OR IN THE ALTERNATIVE TO AMEND SCHEDULE OF THE NORTHWEST AND INTERMOUNTAIN POWER PRODUCERS COALITION - GNR- E-I0-04 Signed (b Page 10 - MOTION TO STRIKE OR IN THE ALTERNATIVE TO AMEND SCHEDULE OF THE NORTHWEST AND INTERMOUNTAIN POWER PRODUCERS COALITION - GNR- E-I0-04