20040521Response to Motion to Consolidate.pdf

BARTON L. KLINE ISB #1526
MONICA B. MOEN ISB #5734
Idaho Power Company
P. O. Box 70
Boise, Idaho 83707
Telephone: [phone]
FAX Telephone: [phone]
Attorney for Idaho Power Company
Street Address for Express Mail
1221 West Idaho Street
Boise, Idaho 83702
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
BOB LEWANDOWSKI and MARK
SCHROEDER
IDAHO POWER COMPANY, an Idaho
Corporation
Complainants
vs.
Respondent.
CASE NO. IPC-04-
CASE NO. IPC-04-
RESPONSE OF IDAHO POWER
COMPANY TO LEWANDOWSKI
AND SCHROEDER MOTION TO
CONSOLIDATE OR IN THE
ALTERNATIVE FOR LEAVE TO
INTERVENE AND MOTION TO
AMEND COMPLAINT
COMES NOW , Idaho Power Company ("Idaho Power" or "the Company
by and through its attorneys , and hereby supports the Motion filed by Bob Lewandowski
and Mark Schroeder seeking to consolidate the proceedings on their Complaint (IPC-
04-10) with the Complaint filed by U.S. Geothermal (IPC-04-08).
RESPONSE OF IDAHO POWER COMPANY TO LEWANDOWSKI AND SCHROEDER
MOTION TO CONSOLIDATE OR IN THE ALTERNATIVE FOR LEAVE TO INTERVENE
AND MOTION TO AMEND COMPLAINT Page
Because Schroeder and Lewandowski are now seeking to amend their
Complaint to include the third count in U.S. Geothermal's Complaint, the major issues
raised by both Complaints are virtually identical. The principal remaining differences
between the two complaints appear to be (1) interconnection issues arising out of the
fact that U.S. Geothermal's Raft River Project is physically located in the service area of
the Raft River Co-op, and (2) U.S. Geothermal's request that the Commission order
Idaho Power to purchase generation from the Raft River Project at the published rates
approved for QF's smaller than 10 MW even though U.S. Geothermal's Raft River
Project has a capacity larger than 10 MW.
Lewandowski's and Schroeder s respective projects would be directly
interconnected with Idaho Power s system and have capacities less than 10 MW.
It seems to Idaho Power that if the two cases were consolidated , the
issues that are unique to U.S. Geothermal's complaint can be easily separated from the
issues that are common to both complaints.
Under the circumstances , Idaho Power does not believe it is either
necessary or desirable for the Commission to conduct two separate proceedings when
both of the Complaints seek a resolution of the same issues.
Respectfully submitted this 20th day of May, 2004.
BARTON L. KLINE
Attorney for Idaho Power Company
RESPONSE OF IDAHO POWER COMPANY TO LEWANDOWSKI AND SCHROEDER
MOTION TO CONSOLIDATE OR IN THE ALTERNATIVE FOR LEAVE TO INTERVENE
AND MOTION TO AMEND COMPLAINT Page 2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 20th day of May, 2004 , I served a true
and correct copy of the within and foregoing RESPONSE OF IDAHO POWER
COMPANY TO LEWANDOWSKI AND SCHROEDER MOTION TO CONSOLIDATE
OR IN THE ALTERNATIVE FOR LEAVE TO INTERVENE AND MOTION TO AMEND
COMPLAINT upon the following named parties by the method indicated below , and
addressed to the following:
Peter J. Richardson
Richardson & O'Leary
99 East State Street, Suite 200
O. Box 1849
Eagle , ID 83616
pete r
(g)
richardsonandolearv. com
Hand Delivered
S. Mail
Overnight Mail
FAX
Conley E. Ward
Givens , Pursley LLP
601 W. Bannock Street
O. Box 2720
Boise , ID 83701-2720
cew
(g)
qivenspu rslev .com
Hand Delivered
S. Mail
Overnight Mail
FAX
Doug G laspey
S. Geothermal
1509 Tyrell Lane
Boise, I D 83706~ev (g) usqeothermal.com
Hand Delivered
S. Mail
Overnight Mail
FAX
BARTON L. KLINE
CERTIFICATE OF SERVICE