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Home My WebLink About20120726Reply to Objection.pdfC pitol Law C. Tom Arkoosh Group, PLLC www.capitollawgroup.com • tarkooshcapitollawgroup.com c —I July 25 2012 r m Idaho Public Utilities Commission 09 P.O. Box 83720 co Boise, Idaho 83720-0074 Re: Our Client: Twin Falls Canal Company; and North Side Canal Company; AFRD No. 2; and Big Wood Canal Company CLG File No. 64 17.000 Dear Commissioners: Enclosed please find an original and nine copies of a Reply to Idaho Power Company's Objection to Petition to Intervene by Big Wood Canal Company and American Falls Reservoir District No. 2. If you have any questions or comments, please do not hesitate to contact me. Sincerely, Capitol Law Group, PLLC Lori Thomas Paralegal to C. Tom Arkoosh CTA/lbt Enclosures 205 North 10' Street, 4th Floor, P0 Box 2598, Boise, ID 83701-2598 • Tel: (208) 424.8872 • Fax: (208) 424.8874 C. Thomas Arkoosh, ISB No. 2253 CAPITOL LAW GROUP, PLLC 205 N. 10' St., 4" Floor P.O. Box 2598 Boise, Idaho 83701-2598 Telephone: (208) 424-8872 Facsimile: (208) 424-8874 e-mail: tarkoosh(capitollawgroup.com RE CE! V ED ZI2 JUL 26 AM 8: 28 FUIU -- . - Attorneys for Big Wood Canal Company and American Falls Reservoir District No. 2 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE COMMIS- SION'S REVIEW OF PURPA QF CONTRACT PROVISION INCLUDING THE SUBROGATE AVOIDED RESOURCE (SAR) AND INTE- GRATED RESOURCE PLANNING (IRP) METHODOLOGIES FOR CALCULATING PUBLISHED AVOIDED COST RATES. Case No. GNR-E-1 1-03 REPLY TO IDAHO POWER COMPANY'S OBJECTION TO PETITION TO INTERVENE BY BIG WOOD CANAL COMPANY AND AMERICAN FALLS RESERVOIR DISTRICT NO. 2 COME NOW Big Wood Canal Company and American Falls Reservoir District No. 2, "Petitioners" for the purposes of intervention, by and through their attorney of record, C. Tom Arkoosh, of Capitol Law Group, PLLC, and hereby submit their Reply to Idaho Power Company's Objection to Petition to Intervene by Big Wood Canal Company and American Falls Reservoir District No. 2. For the reasons set forth below, Idaho Power Company's Objection is without merit and the Petition to Intervene should be granted as requested. ARGUMENT I. PETITIONERS HAVE STATED A SUBSTANTIAL REASON FOR THE DELAY. Petitioners have in fact stated a substantial reason for their delay in seeking to intervene in REPLY TO IDAHO POWER COMPANY'S OBJECTION TO PETITION TO INTERVENE BY BIG WOOD CANAL COMPANY AND AMERICAN FALLS RESERVOIR DISTRICT NO. 2- 1 this action. Idaho Power Company, Avista and PacifiCorp submitted their prefiled testimony on January 31, 2012. Since that time, the various parties have conducted discovery, and additional prefiled testimony has been submitted to IPUC. The vast information provided through these various submissions has led to a more full development of the issues before IPUC in this matter Petitioners are entities of finite resources and simply cannot participate fully as a party in every proceeding that might have an effect on their interests. It is only after review of the prefiled testimony and discussion with the members of Twin Falls Canal Company, Inc., North Side Canal Company, Inc., and counsel for these entities, that Petitioners were able to confirm that the issues outstanding in this matter warranted participation beyond the one paragraph letters submitted to IPUC in Case No. GNR-E-10-04 on December 17, 2010. This constitutes a "substantial" reason for the delay under IPUC Rule of Procedure 73. More importantly, however, Idaho Power Company has not shown that Petitioners' in- tervention would cause any disruption or prejudice to any party, or that it would broaden the issues already before IPUC. II. THE PETITION TO INTERVENE HAS CAUSED NO DISRUPTION OR PREJUDICE AND WILL NOT BROADEN THE ISSUES BEFORE IPUC. Idaho Power Company has made several fascinating arguments that to allow Petitioners to intervene will cause disruption and prejudice to the parties and will broaden the issues before the IPUC. Petitioners will briefly address each assertion. A. Idaho Power Company was not required to file an Objection to the Petition to Intervene. Idaho Power Company has made the circular and misleading argument that it faced a "substantial disruption and hardship" because its objection to the Petition to Intervene was due the same day as its legal brief. However, Idaho Power Company was not required to file an objection. It chose to. Additionally, the deadline for filing the Legal Briefs (July 20, 2012) has been set REPLY TO IDAHO POWER COMPANY'S OBJECTION TO PETITION TO INTERVENE BY BIG WOOD CANAL COMPANY AND AMERICAN FALLS RESERVOIR DISTRICT NO.2 -2 since November 2, 2011. See Notice of Scheduling Order No. 32388. It is highly doubtful that counsel for Idaho Power Company was scrambling to slap together its approximately 100 page legal brief at the last minute. However, even if this were the truth of the matter, choosing to file an objection to a party's request for intervention falls far short of "substantial disruption and hardship." Idaho Power Company is no more prejudiced by filing an objection that Petitioners are by filing their Petition to Intervene, or this Reply. B.To the extent a legal brief has been submitted by Petitioners, it has caused no disruption or prejudice. According to Idaho Power Company, "the fact that non-parties to the case have an op- portunity to submit legal briefs for subsequent evidentiary determination by the Commission is a disruption to this proceeding." Objection, p. 7. As to Petitioners, that argument is inapplicable. By way of footnote in the Legal Brief submitted by Twin Falls Canal Company, Inc. and North Side Canal Company' counsel indicated that the very same brief would also serve as legal brief for American Falls Reservoir District No. 2 and Big Wood Canal Company in the event the Petition to Intervene was granted. Therefore, the brief submitted by Twin Falls Canal Company and North Side Canal Company is already properly before IPUC. If Petitioners are allowed to intervene, the brief will not change, nor will its admissibility be questionable. Exactly as was stated in the Petition to Intervene, Petitioners will simply join that position. C.Idaho Power Company has not been prejudiced by its inability to conduct dis- covery as to Petitioners. Idaho Power Company will not be prejudiced because the discovery deadline has passed. Other than discovering who Petitioners are aligned with, Idaho Power Company does not articulate what, if any, information it would have sought from Petitioners. Obviously, any http://www.puc.idaho.gov/internet/cases/elec/GNRIGNRE 11 03/intervenor//NORTH%2OSIDE%20AND%20TWIN %20FALLS%20CANAL%2000MPANIES/20 I 2O72OLEGAL%2OBRJEF.PDF REPLY TO IDAHO POWER COMPANY'S OBJECTION TO PETITION TO INTERVENE BY BIG WOOD CANAL COMPANY AND AMERICAN FALLS RESERVOIR DISTRICT NO.2 -3 discovery that Idaho Power Company wanted to conduct as to the issues before IPUC could have been asked of Twin Falls Canal Company and North Side Canal Company, since Petitioners are simply joining that same position. D. Petitioners' inclusion will not broaden the issues. Petitioners' inclusion in this matter will not broaden any issues. As noted above, the po- sition that would be taken by Petitioners has already been articulated in the Legal Brief submitted by Twin Falls Canal Company and North Side Canal Company on July 20, 2012. In fact, Petitioners whole-heartedly agree with the position taken by Idaho Power Company in part "C" of the argument in its Objection. Petitioners should be limited to accept the record as it currently exists and limited to joining the scope of inclusion and positions taken by Twin Falls Canal Company and North Side Canal Company. This is no more than what was requested in the Petition to Intervene. CONCLUSION For the reasons set forth herein, Big Wood Canal Company and American Falls Reservoir District No. 2 respectfully ask the Commission to Grant the Petition to Intervene, subject to the limitations set forth in the Petition and reiterated herein. DATED this day of July, 2012. CAPITOL LAW GROUP, PLL C. Thomas Arkoosh Attorneys for Big Wood Canal Company and American Falls Reservoir District No. 2 REPLY TO IDAHO POWER COMPANY'S OBJECTION TO PETITION TO INTERVENE BY BIG WOOD CANAL COMPANY AND AMERICAN FALLS RESERVOIR DISTRICT NO.2 -4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this day of July, 2012, I served a true and correct copy of the foregoing upon each of the following individuals by causing the same to be delivered by the method and to the addresses indicated below: Jean Jewell, Commission Secretary Idaho Public Utilities Commission 427 W. Washington St. Boise, Idaho 83702 Daniel Solander Rocky Mountain Power 201 S. Main St., Ste. 300 Salt Lake City, UT 84111 Ronald L. Williams Williams Bradbury PC 1015 W. Hays St. Boise, Idaho 83702 Robert A. Paul Grand View Solar II 15690 Vista circle Desert Hot Springs, CA 92241 U.S. Mail, postage prepaid Hand-Delivered Overnight Mail Facsimile X Via E-Mail jean.jewell(puc.idaho.gov U.S. Mail, postage prepaid Hand-Delivered Overnight Mail Facsimile _X_ Via E-Mail dathel.solander@pacificorp.com U.S. Mail, postage prepaid Hand-Delivered Overnight Mail Facsimile X Via E-Mail ron@williamsbradbury.com U.S. Mail, postage prepaid Hand-Delivered Overnight Mail Facsimile X Via E-Mail robertapau108(2igmai1.com R. Greg Ferney Mimura Law Offices, PLLC 2176 E. Franklin Rd., Ste. 120 Meridian, Idaho 83642 U.S. Mail, postage prepaid Hand-Delivered Overnight Mail Facsimile _X_ Via E-Mail greg(mimuralaw.com Bill Piske, Manager U.S. Mail, postage prepaid Interconnect Solar Development, LLC Hand-Delivered 1303 E. Carter Overnight Mail Boise, Idaho 83706 Facsimile _X_ Via E-Mail billpiske@cableone.net REPLY TO IDAHO POWER COMPANY'S OBJECTION TO PETITION TO INTERVENE BY BIG WOOD CANAL COMPANY AND AMERICAN FALLS RESERVOIR DISTRICT NO.2 -5 Robert D. Kahn, Executive Director U.S. Mail, postage prepaid Northwest and Intermountain Power Hand-Delivered Producers Coalition Overnight Mail 1117 Minor Ave., Ste. 300 Facsimile Seattle, WA 98101 _X_ Via E-Mail rkahn(,nippc.org Michael G. Andrea U.S. Mail, postage prepaid Avista Corporation Hand-Delivered 1411 East Mission Ave. Overnight Mail Spokane, WA 99202 Facsimile _X_ Via E-Mail michael.andrea@avistacorp.com Dean J. Miller U.S. Mail, postage prepaid McDevitt & Miller, LLP Hand-Delivered P.O. Box 2564 Overnight Mail Boise, Idaho 83701 Facsimile _X_ Via E-Mail ioe@mcdevitt-miller.com Don Sturtevant, Energy Director J.R. Simplot Company P.O. Box 27 Boise, Idaho 83707 James Carkulis, Managing Member Exergy Development Group of ID, LLC 802 W. Bannock St., Ste. 1200 Boise, Idaho 83702 M.J. Humphries Blue Ribbon Energy LLC 4515 S. Ammon Rd. Ammon, Idaho 83406 Brian Olmstead, General Manager Twin Falls Canal Company P.O. Box 326 Twin Falls, Idaho 83303 John R. Lowe Consultant to Renewable Energy Coalition 12050 SW Tremont St. Portland, OR 97225 U.S. Mail, postage prepaid Hand-Delivered Overnight Mail Facsimile _X_ Via E-Mail don.sturtevan@simplot.com U.S. Mail, postage prepaid Hand-Delivered Overnight Mail Facsimile Via E-Mail jçrku- lis(exergydevelopment.com U.S. Mail, postage prepaid Hand-Delivered Overnight Mail Facsimile X Via E-Mail blueribbonenergy(gmail.com U.S. Mail, postage prepaid Hand-Delivered Overnight Mail Facsimile _X_ Via E-Mail olmstead@tfcanal.com U.S. Mail, postage prepaid Hand-Delivered Overnight Mail Facsimile _X_ Via E-Mail jravenesanmarcos@yahoo.com REPLY TO IDAHO POWER COMPANY'S OBJECTION TO PETITION TO INTERVENE BY BIG WOOD CANAL COMPANY AND AMERICAN FALLS RESERVOIR DISTRICT NO.2 -6 Donovan E. Walker U.S. Mail, postage prepaid Jason B. Williams Hand-Delivered Idaho Power Company Overnight Mail P.O. Box 70 Facsimile Boise, Idaho 83707-0700 X Via E-Mail dwalker(idahopower.com jwilliams@idahopower.com Ted Sorensen PE U.S. Mail, postage prepaid Birch Power Company Hand-Delivered 5203 South 11th East Overnight Mail Idaho Falls, Idaho 83404 Facsimile X Via E-Mail ted@tsorenson.net Bill Brown, Chair U.S. Mail, postage prepaid Board of Commissioners of Adams Hand-Delivered County, ID Overnight Mail P.O. Box 48 Facsimile Council, Idaho 83612 _X_ Via E-Mail bdbrown@frontiemet.net Donald L. Howell, II U.S. Mail, postage prepaid Kristine A. Sasser Hand-Delivered Deputy Attorneys General Overnight Mail Idaho Public Utilities Commission Facsimile 472 W. Washington St. _X_ Via E-Mail don.howell(puc.idaho.gov Boise, Idaho 83702 kris.sasser(puc.idaho.gov Anon F. Jepsen U.S. Mail, postage prepaid Blue Ribbon Energy, LLC Hand-Delivered 10660 South 540 East Overnight Mail Sandy, UT 84070 Facsimile _X_ Via E-Mail arronesg@aol.com Wade Thomas, General Counsel U.S. Mail, postage prepaid Dynamis Energy, LLC Hand-Delivered 776 W. Riverside Dr., Ste. 15 Overnight Mail Eagle, Idaho 83616 Facsimile _X_ Via E-Mail wthomas(dynamisenergy.com Glenn Ikemoto U.S. Mail, postage prepaid Margaret Rueger Hand-Delivered Idaho Windfarms, LLC Overnight Mail 672 Blair Ave. Facsimile Piedmont, CA 94611 X Via E-Mail gleniii(envisionwind.com margaret(envisionwind.com REPLY TO IDAHO POWER COMPANY'S OBJECTION TO PETITION TO INTERVENE BY BIG WOOD CANAL COMPANY AND AMERICAN FALLS RESERVOIR DISTRICT NO.2 -7 Ted Diehl, General Manager U.S. Mail, postage prepaid North Side Canal Company Hand-Delivered 921 N. Lincoln St. Overnight Mail Jerome, Idaho 83338 Facsimile X Via E-Mail nscanal@cableone.net Megan Walseth Decker U.S. Mail, postage prepaid Senior Staff Counsel Hand-Delivered Renewable Northwest Project Overnight Mail 917 SW Oak St., Ste. 303 Facsimile Portland, OR 97205 _X_ Via E-Mail megan(rnp.org Peter J. Richardson U.S. Mail, postage prepaid Gregory M. Adams Hand-Delivered Richardson & O'Leary, PLLC Overnight Mall P.O. Box 7218 Facsimile Boise, Idaho 83702 X Via E-Mail Deter@richardsonandoleary.com greg(richardsonando1eary.com Mary Lewallen U.S. Mail, postage prepaid Clearwater Paper Corporation Hand-Delivered 601 W. Riverside Ave., Ste. 1100 Overnight Mail Spokane, WA 99201 Facsimile Via E-Mail marv.lewallen@clearwaterpaper.com Benjamin J. Otto U.S. Mail, postage prepaid Idaho Conservation League Hand-Delivered P.O. Box 844 Overnight Mail Boise, Idaho 83701 Facsimile X Via E-Mail botto(idahoconservation.org Don Schoenbeck U.S. Mail, postage prepaid RCS Hand-Delivered 900 Washington St., Ste. 78 Overnight Mail Vancouver, WA 98660 Facsimile _X_ Via E-Mail dws@r -c-s-inc.com Liz Woodruff U.S. Mail, postage prepaid Ken Miller Hand-Delivered Snake River Alliance Overnight Mail P.O. Box 1731 Facsimile Boise, Idaho 83701 _X_ Via E-Mail lwooruff(isnakeriveralliance.org kmi11er(snakerivera1liance.org REPLY TO IDAHO POWER COMPANY'S OBJECTION TO PETITION TO INTERVENE BY BIG WOOD CANAL COMPANY AND AMERICAN FALLS RESERVOIR DISTRICT NO.2 -8 Deborah E. Nelson U.S. Mail, postage prepaid Kelsey J. Nunez Hand-Delivered Givens Pursley LLP Overnight Mail P.O. Box 2720 Facsimile Boise, Idaho 83701-2720 _X_ Via E-Mail dengivenspursley.com kjn(givenspursley.com Dr. Don Reading U.S. Mail, postage prepaid 6070 Hill Rd. Hand-Delivered Boise, Idaho 83703 Overnight Mail Facsimile _X_ Via E-Mail dreading@mindspring.com Tauna Christensen U.S. Mail, postage prepaid Energy Integrity Project Hand-Delivered 769N. 1100E. Overnight Mail Shelley, Idaho 83274 Facsimile _X_ Via E-Mail tauna@energyintegrityproject.org Lynn Harmon U.S. Mail, postage prepaid AFRD #2 Hand-Delivered 409 N. Apple St. Overnight Mail Shoshone, Idaho 83352 Facsimile _X_ Via E-Mail lynnharmon@cableone.net C. Thomas Arkoosh REPLY TO IDAHO POWER COMPANY'S OBJECTION TO PETITION TO INTERVENE BY BIG WOOD CANAL COMPANY AND AMERICAN FALLS RESERVOIR DISTRICT NO.2 -9