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Home My WebLink About20110414Motion to Strike Griswold Di, Join Motions.pdfPeter J. Richardson (ISB No. 3195) Gregory M. Adams (ISB No. 7454) RICHARDSON & O'LEARY, PLLC 515 N. 27th Street P.O. Box 7218 Boise, Idaho 83702 Tel: 208-938-7901 Fax: 208-938-7904 peterigrichardsonandolear .com greg(ßchardsonandoleary .com RECE\VEO 20n ~PR \ 4 l~ 2: 24 \D \ 1""1\ i,'"." \ i ..' ¡ Attorneys for Northwest and Intermountain Power Producers Coalition BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE COMMISSION'S INVESTIGATION INTO DISAGGREGATION AND AN APPROPRIATE PUBLISHED AVOIDED COST RATE ELIGIBILITY CAP STRUCTURE Case No. GNR-E-ll-Ol MOTION TO STRIKE TESTIMONY OF BRUCE GRISWOLD AND JOIN IN MOTIONS TO STRIKE TESTIMONY OF CLINT KALICH AND MARK STOKES COMES NOW, the Northwest and Intermountain Power Producer's Coalition (NIPPC) and, pursuat to IDAP A 31.01.01.056, hereby moves the Idaho Public Utilities Commission (Commission) to strike selected portions of the pre-fied direct testimony of Bruce Grswold in the above captioned docket. Pursuant to IDAPA 31.01.01.256.04, NIPPC also hereby joins in Renewable Nortwest Project's Motion to Strike Portions of the Direct Testimony of Clint Kalich and Motion to Strike Portions of the Direct Testimony of Mark Stokes. MOTION TO STRIKE GNR-E-ll-Ol PAGE-l BACKGROUND In Order No. 32195, the Commission limited the issues to be addressed in this proceeding. That Order restricts the issues to be addressed herein to just an investigation into an avoided cost rate eligibilty cost strctue that: (1) allows small wind and solar QFs to avail themselves of published rates for projects producing 10 aMW or less; and (2) prevents large QFs from disaggregating in order to obtain a published avoided cost rate that exceeds a utilty avoided cost. Order No. 32195, atp. 3. Hence, the testimony in this docket should be very narowly focused on a methodology to allow projects producing 10 average monthly megawatts (aMW) or less to avail themselves of the Commission's published rates and the prevention of disaggregation of larger projects - and nothing else. That the Commission is not allowing other issues to be addressed was highlighted by the results of NIPPC's unsuccessful discovery attempts in this limited-scope docket. NIP PC sought to investigate, through discovery, the use of the IRP methodology for setting avoided cost rates. In response, PacifiCorp dba Rocky Mountain Power (PacifiCorp) fied motions for clarification and a protective order against NIPPC's inquiry into how it implements the IRP Methodology with its GRID ModeL. Rocky Mountain Power's Motion for Clarifcation and Motion for Protective Order, Case No. GNR-E-II-0l (March 17,2011). According to PacifiCorp's motions at that time, NIPPC's First Production Requests sought to elicit information regarding "the IRP Methodology and appear to have no relevance to the questions set for hearng in this case." Id at p. 3. In PacifiCorp's view, implementation of the IRP Methodology was beyond the scope of MOTION TO STRIKE GNR-E-ll-Ol PAGE-2 this proceeding, and if the Commission allowed NIPPC to comment on the matter at the May 10, 2011 hearing, Rocky Mountain Power "will not have a fair chance to produce (its) testimony and refute that offered by NIPPC." Id at p. 4. The Commission addressed PacifiCorp's Motion for a Protective Order (and the proper scope of this docket) extensively at its regularly scheduled decision meeting on March 21,2011. During the decision meeting, the attorneys for NIPPC and PacifiCorp addressed the propriety of permitting discovery on the IRP Methodology. NIPPC argued that the adequacy of the methodology for calculating avoided cost rates for projects over the eligibility theshold for published avoided cost rates is the critical issue in any investigation into methods to prevent "disaggregation." NIPPC argued, in other words, that the IRP Methodology provides rates below the utilties full avoided costs, and the way to solve any perceived disaggregation problem is to implement the IRP Methodology (or some other methodology) such that quaifying facilties over 10 aMW will have access to rates set at the utilities' full avoided costs. Commissioner Smith made a motion to grant the protective order in this phase of the Commission's investigation. According to the Commission's minutes of that meeting: Commissioner Smith said . . . that she didn't believe the validity of the IRP methodologi is an issue the Commission designated for hearing on May 10 . She said it is her hope that the reduction in the size of the eligibility cap for the avoided cost rates would be an extremely short-lived or temporar state and adding issues to the May 10th hearing would cause delay of the hearing, makng it a much longer process. She said the NIPPC discovery is warranted when the Commission sets it (sic) schedule for the subsequent consideration of all the issues it has outlined, but she would not compel the response in time for preparation of testimony . . . She made a motion to stay the response date for discovery to the next phase of the case which wil consider the validity of using the IRP methodology in setting of avoided costs. MOTION TO STRIKE GNR-E-1l-01 PAGE-3 Idaho Public Utilities Commission, Minutes of Decision Meeting, March 21,2011-1:30 P.M. at p. 5. The Commission issued a Bench Order finding that "evidence regarding the IRP Methodology is beyond the scope of the present case and thus is not relevant to the subject matter of the pending case." Bench Order, Case No. GNR-E-II-0l, pp. 1-2 (March 23,2011). ARGUMENT The only reasonable interpretation of the Commission's Bench Order is that evidence relating to the IRP methodology, or any matter related to the accuracy of any paricular method of calculating avoided cost rates, is beyond the scope of this proceeding. Furermore, any evidence that relies on a foundation that the IRP methodology produces accurate rates should be stricken because NIPPC has been precluded, pursuant to the Bench Order, from makng any inquiries as to the accuracy and reasonableness of the IRP Methodology either as a valid avoided cost rate setting methodology or as foundational evidence. To allow other paries' testimony on this issue to remain in the record after denying NIPPC the right to obtain reasonable discovery into the matter would be unfair and would deprive NIPPC of its right to due process. Mr. Griswold's testimony extensively discusses his perception that the IRP Methodology is superior to the SAR Methodology used in published rates. Mr. Griswold also addresses additional issues that are not relevant to the curent proceeding. Those issues include wind integration costs and impacts, transmission system impacts and minimum load issues. Mr. Griswold also suggests that the eligibility theshold for published rates should be based upon nameplate capacity, rather than average monthly capacity. MOTION TO STRIKE GNR-E-ll-Ol PAGE-4 But, as PacifiCorp itself argued in its motions for clarification and a protective order only a few short weeks ago, this docket is limited to evidence narowly designed to address how to devise requirements to allow small wind and solar projects to be entitled to published rates up to 10 aMW or how to prevent large wind and solar projects from disaggregating. Indeed, PacifiCorp stated, "If the Commission allows NIPPC to question the validity of the IRP Methodology during the May 10 hearing, paries (including Rocky Mountain Power) that wish to follow the Commission's orders deferrng that issue until after resolution of the disaggregation issue will not have a fair chance to produce their testimony and refute that offered by NIPPC." Rocky Mountain Power's Motion for Clarifcation and Motion for Protective Order, Case No. GNR-E-II-Ol, at p. 4. Mr. Griswold's testimony on the accuracy of various avoided cost rate calculation methodologies should therefore be stricken. The following portions of Mr. Griswold's testimony should be stricken and/or reserved for consideration in subsequent phases of this investigation on the ground that they address the IRP Methodology and calculation of avoided cost rates: . Pg 6 beginning with the last two words on Line 15 through Line 21 . Page 9 the last half of Line 3 through Line 6 . Page 9 beginning with the last half of Line 12 through Line 21 . Page 10 Line 9 through Line 20 . Page 11 Line 10 through Page 12 Line 23 . Page 14 Line 3 through Line 13 . Page 17 beginning with the second word through Line 19 MOTION TO STRIKE GNR-E-1l-01 PAGE-5 Additionally, the Commission should strike the following testimony because it addresses PacifiCorp's position that the published rate eligibility cap should be based on nameplate capacity, rather than average monthly capacity, without addressing the narow disaggregation issue: · Page 16 Line 20 to Page 17 Line 16 CONCLUSION For the reasons and authorities cited herein, NIPPC respectfully requests that the Commission enter its order striking the portions of Bruce Griswold's testimony identified above. NIPPC also respectfully requests the Commission grant the Renewable Northwest Project's Motion to Strke Portions of the Direct Testimony of Clint Kalich and Motion to Strike Portions of the Direct Testimony of Mark Stokes, for the reasons set forth in those motions. NOTICE OF HEARING NIPPC will present arguent on this Motion to Strike at the hearing before the Commission on the May 10, 2011, or at such other time and place so designated by the Commission. DATED this 14th day of April, 2011. RICHARSON AND O'LEARY PLLCJ~J.~Peter J. Ricbson ISH # 3195 Attorneys for Northwest and Intermountain Power Producers Coalition MOTION TO STRIKE GNR-E-ll-Ol PAGE-6 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 14th day of April, 2011, a true and correct copy of the withn and foregoing document was served as shown to the following parties: Jean Jewell Idaho Public Utilities Commission 472 W. Washington Boise, ID 83702 j ean.jewelligpuc.idaho. gov Donald L. Howell II Krstine Sasser Idaho Public Utilities Commission 472 W. Washington Boise, ID 83702 don.howelligpuc.idaho. gov krs. sasserigpuc. idaho. gov Donovan E. Walker Lisa D. Nordstrom Idaho Power Company PO Box 70 Boise, ID 83707-0070 dwalkerigidahopower.com lnordstromigidahopower .com Michael G. Andrea A vista Corporation 1411 E. Mission Street Spokane, W A 99202 michael.andreaigavistacorp.com Danel Solander PacifiCorp/dba Rocky Mountain Power 201 S. Main St., Suite 2300 Salt Lake City, UT 84111 daniel.solanderigpacificorp.com Ronald L. Wiliams Wiliams Bradbur PC 1015 W. Hays Street Boise, ID 83702 ronigwillamsbradbur .com MOTION TO STRIKE GNR-E-1l-01 PAGE-7 lL Hand Delivery _U.S. Mail, postage pre-paid Facsimile .. Electronic Mail -. Hand Delivery _U.S. Mail, postage pre-paid Facsimile lL Electronic Mail _ Hand Delivery _U.S. Mail, postage pre-paid Facsimile lL Electronic Mail _ Hand Delivery _U.S. Mail, postage pre-paid Facsimile lL Electronic Mail _ Hand Delivery _U.S. Mail, postage pre-paid Facsimile lL Electronic Mail _ Hand Delivery _U.S. Mail, postage pre-paid Facsimile lL Electronic Mail Scott Montgomery President, Cedar Creek Wind, LLC 668 Rockwood Dr. Nort Salt Lake, UT 84054 scottigwesternenergy. us DanaZenta Sumit Power Group, Inc. 2006 E. Westminster Spokane, W A 99223 dzentzigsummitpower.com Thomas H. Nelson PO Box 1211 Welches, OR 97067 nelsonigthnelson.com JohnR. Lowe Renewable Energy Coalition 12050 SW Tremont St Portland, OR 97225 jravensanmarcosigyahoo .com Don Sturevant J.R. Simplot Company PO Box 27 Boise, ID 83707-0027 don.sturtevantigsimplot.com Robert A. Paul Grand View Solar II 15690 Vista Circle Desert Hot Springs, CA 92241 robertpaul08(Ðgmail.com James Carkulis Exergy Development Group of Idaho, LLC 802 W. Banock, Ste 1200 Boise, ID 83702 jcarkulisigexergydevelopment.com MOTION TO STRIKE GNR-E-ll-Ol PAGE-8 _ Hand Delivery _U.S. Mail, postage pre-paid Facsimile lL Electronic Mail _ Hand Delivery _U.S. Mail, postage pre-paid Facsimile lL Electronic Mail _ Hand Delivery _U.S. Mail, postage pre-paid Facsimile lL Electronic Mail _ Hand Delivery _U.S. Mail, postage pre-paid Facsimile lL Electronic Mail _ Hand Delivery _U.S. Mail, postage pre-paid Facsimile lLElectronic Mail _ Hand Delivery _U.S. Mail, postage pre-paid Facsimile lL Electronic Mail _ Hand Delivery _U.S. Mail, postage pre-paid Facsimile lL Electronic Mail R. Greg Ferney Mimura Law Offices, PLLC 2176 E. Franlin Rd., Ste 120 Meridian, ID 83642 gregigmimuralaw.com Bil Piske Interconnect Solar Development, LLC 1303 E. Carer Boise,ID 83706 bilpiskeigcableone.net Dean J Milere McDevitt & Miler, LLP PO Box 2564 Boise, ID 83701 j oeigmcdevitt -miler .com Paul Marin Intermountain Wind, LLC PO Box 353 Boulder, CO 80306 paulmarinigintermountainwind.com Ronald L. Willams Wiliams Bradbur, PC 1015 W. Hays Street Boise, ID 83702 ronigwilliamsbradbur.com Wade Thomas Dynamis Energy, LLC 776 W. Riverside Dr., Ste. 15 Eagle, ID 83616 wtomasigdynamisenergy.com Shelley M. Davis Barker Rosholt & Simpson, LLC PO Box 2139 Boise, ID 83701 smdigidahowaters.com MOTION TO STRIKE GNR-E-1l-01 PAGE-9 _ Hand Delivery _U.S. Mail, postage pre-paid Facsimile lL Electronic Mail _ Hand Delivery _U.S. Mail, postage pre-paid Facsimile lL Electronic Mail _ Hand Delivery _U.S. Mail, postage pre-paid Facsimile lL Electronic Mail _ Hand Delivery _U.S. Mail, postage pre-paid Facsimile lL Electronic Mail _ Hand Delivery _U.S. Mail, postage pre-paid Facsimile lL Electronic Mail _ Hand Delivery _U.S. Mail, postage pre-paid Facsimile lL Electronic Mail _ Hand Delivery _U.S. Mail, postage pre-paid Facsimile lL Electronic Mail Brian Olmstead Twin Falls Canal Company PO Box 326 Twin Falls, ID 83303 olmsteadigtfcanal.com Ted Diehl Nort Side Canal Company 921 N. Lincoln St. Jerome, ID 83338 nscanaligcableone.net Bil Brown Board of Commissioners of Adams County,ID PO Box 48 Council, ID 83612 bdbrownigfrontiernet.net Glen Ikemoto Margaret Rueger Idaho Windfarms, LLC 672 Blair Avenue Piedmont, CA 94611 glenniigenvisionwind.com margaretigenvisionwind.com Jeffrey S. Lovinger Lovinger Kaufman LLP 825 NE Multnomah, Suite 925 Portland, OR 97232 10vingerigLKLaw.com Kenneth E. Kaufan Lovinger Kaufman LLP 825 NE Multnomah, Suite 925 Portland, OR 97232 KaufmanigLKLaw.com MOTION TO STRIKE GNR-E-ll-Ol PAGE-IO _ Hand Delivery _U.S. Mail, postage pre-paid Facsimile lLElectronic Mail _ Hand Delivery _U.S. Mail, postage pre-paid Facsimile lL Electronic Mail _ Hand Delivery _U.S. Mail, postage pre-paid Facsimile lL Electronic Mail _ Hand Delivery _U.S. Mail, postage pre-paid Facsimile lL Electronic Mail _ Hand Delivery _U.S. Mail, postage pre-paid Facsimile lL Electronic Mail _ Hand Delivery _U.S. Mail, postage pre-paid Facsimile lL Electronic Mail Benjamin J Otto Idaho Conservation League 710 N 6th Street Boise ID 83702 bottoigidahoconservation.org Gar Seifert Kur Myers Idaho National Laboratory Conventional Renewable Energy Group 2525 Frem.ont Ave Idaho Falls, ID 83415 MOTION TO STRIKE GNR-E-1l-01 PAGE-ll _ Hand Delivery _U.S. Mail, postage pre-paid Facsimile lL Electronic Mail _ Hand Delivery _U.S. Mail, postage pre-paid Facsimile lL Electronic Mail Signed6?~~ Peter J. Richardson