HomeMy WebLinkAbout20120726Reply 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