20050719Motion to modify schedule.pdf

BARTON l. KLINE, ISB # 1526
MONICA B. MOEN , ISB # 5734
Idaho Power Company
1221 West Idaho Street
O. Box 70
Boise, Idaho 83707
Telephone: [phone]FAX: [phone]
E-mail: BKline ~ idahopower.com
MMoen ~ idahopower.com
Attorneys for Idaho Power Company
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE PETITION OF
IDAHO POWER COMPANY FOR AN
ORDER TEMPORARilY SUSPENDING
IDAHO POWER'S PURPA OBLIGATION
TO ENTER INTO CONTRACTS TO
PURCHASE ENERGY GENERATED BY
WIND-POWERED SMAll POWER
PRODUCTION FACiliTIES.
CASE NO. IPC-05-
IDAHO POWER COMPANY'
MOTION TO MODIFY SCHEDULE
Idaho Power Company ("Idaho Power" or "the Company ), pursuant to
RP 056 , hereby requests that the Commission modify its procedural order issued on
July 1 , 2005, to allow time for the filing of rebuttal testimony and to permit the parties to
explore settlement prior to oral argument on non-legal issues and the presentation of
testimony and cross-examination of witnesses.
In support of its Motion, Idaho Power states as follows:
In its procedural order dated July 1 , 2005, the Commission set
July 22, 2005 , as the date for a public hearing and oral argument on the limited issue of
IDAHO POWER COMPANY'S MOTION TO MODIFY SCHEDULE, Page
the requested temporary suspension of Idaho Power s PURPA obligations to enter into
contracts to purchase energy generated by wind-powered small power production
facilities. The July 1 2005 notice also provided for a procedural conference to take
place on July 22 following the hearing and oral argument.
In response to the Commission s July 1 , 2005 notice , nine parties
have filed petitions to intervene and the Commission Staff and eight of those intervenors
have filed testimony and exhibits. The volume of the testimony is significant and, as
might be expected, considering the diversity of the parties filing testimony, the prefiled
testimony addresses a wide variety of issues. In light of the volume of testimony filed
and the variety of issues addressed, it is unlikely that oral argument, presentation of
testimony and cross-examination of witnesses and a procedural conference can be
completed in one day.
Considering the volume of testimony and variety of issues
addressed in the testimony that has been filed , Idaho Power believes that it is entitled to
an opportunity to file rebuttal testimony and other parties may desire a similar
opportunity. The current schedule does not provide adequate time for submitting
rebuttal testimony.
After reviewing the prefiled testimony, Idaho Power believes that it
may be productive to undertake settlement discussions on the temporary suspension
issues prior to oral argument on the non-legal issues and the presentation of testimony
and cross-examination of witnesses. Idaho Power anticipates that the chances for a
successful settlement will be enhanced if settlement discussions are held prior to the
cross-examination of witnesses.
IDAHO POWER COMPANY'S MOTION TO MODIFY SCHEDULE, Page 2
Idaho Power is prepared to participate in settlement negotiations to
resolve the temporary suspension issues as early as next Thursday. Settlement
discussions would include (1) the factors that would be applied to establish which
projects are sufficiently mature so that any temporary suspension would not apply to
them , i.e., entitlement to "grandfather" status; (2) the issues to be addressed in
subsequent proceedings if the Commission grants a temporary suspension; (3) the
format for such subsequent proceedings , i.e., workshops rather than an adversarial
process; (4) scheduling; and (5) such other issues as the Commission may direct.
Until the Commission makes a determination on the "grandfather
issue, utilities would not sign any new OF wind contracts.
Based on the foregoing, Idaho Power proposes the following change in
the schedule set in the July 1 2005 notice:
On Friday, July 22, oral argument on the legal issues associated
with the Commission s authority to temporarily suspend or restrict the availability of
published rates for intermittent OF resources would be completed followed by a
procedural conference to set a date for a settlement conference. Oral argument on the
policy issues associated with the temporary suspension and presentation of testimony
and cross-examination of witnesses would be deferred to follow the settlement
conference.
The procedural conference would also establish a date for the filing
of rebuttal testimony and dates for cross-examination of witnesses on the prefiled
testimony if the parties are unable to reach a settlement.
IDAHO POWER COMPANY'S MOTION TO MODIFY SCHEDULE, Page 3
Alternatively, the Commission may desire to defer all oral argument
and cross-examination until after the parties have had a chance to undertake settlement
discussions. The parties could use the July 22 time for a procedural conference to set a
date for settlement discussions and dates for filing rebuttal testimony, oral argument
and cross-examination if settlement cannot be achieved.
DATED this 19th day of July, 2005.
I~~
BARTON L. KLINE
MONICA B. MOEN
Attorneys for Idaho Power Company
IDAHO POWER COMPANY'S MOTION TO MODIFY SCHEDULE, Page 4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 19th day of July, 2005, I served a true
and correct copy of IDAHO POWER COMPANY'S MOTION TO MODIFY SCHEDULE
upon the following named parties by the method indicated below, and addressed to the
following:
Scott Woodbury
Deputy Attorney General
Idaho Public Utilities Commission
472 W. Washington Street
O. Box 83720
Boise, ID 83720-0074
swoodbu ~ puc.state.id.
Peter J. Richardson
Richardson & O'Leary PLLC
515 N. 27th Street
O. Box 7218
Boise, I D 83707
peter ~ richardsonandolearv .com
James T. Carkulis
Exergy Development Group of Idaho LLC
1424 Dodge Avenue
O. Box 5212
Helena , MT 59604
Richard L. Storro
Director, Power Supply
A vista Corporation
1411 E. Mission Avenue
O. Box 3727, MSC-
Spokane, W A 99220-3727
dick.storro ~ avistacorp.com
R. Blair Strong
Paine, Hamblen , Coffin , Brooke & Miller
717 West Sprague Avenue, Suite 1200
Spokane, W A 99201-3505
r. blai r .stron~ainehamblen .com
CERTfFICA TE OF SERVICE, Page
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Dean J. Miller
McDevitt & Miller LLP
420 W. Bannock Street
O. Box 2564
Boise , ID 83701
oe ~ mcdevitt-miller.com
Jared Grover
Cassia Wind LLC and
Cassia Gulch Wind Park LLC
3635 Kingswood Drive
Boise, I D 83704
Armand Eckert
Magic Wind LLC
716-B East 4900 North
Buhl , ID 83316
Glenn Ikemoto
Energy Vision LLC
672 Blair Avenue
Piedmont, CA 94611
lenni ~ acbelLnet
Bob Lively
PacifiCorp
One Utah Center, 23rd Floor
201 S. Main Street
Salt Lake City, UT 84140
bob.livel acificor com
Lisa Nordstrom
PacifiCorp
825 N.E. Multnomah, Suite 1800
Portland , OR 97232
lisa. nordstrom acificor com
William M. Eddie
Advocates For the West
1320 W. Franklin Street
O. Box 1612
Boise , ID 83701
billeddie~ rmci.net
CERTIFICATE OF SERVICE , Page 2
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Troy Gagliano
917 S.W. Oak Street, Suite 303
Portland, OR 97205
David Hawk, Director
Energy Natural Resources
J. R. Simplot Company
999 Main Street
O. Box 27
Boise, ID 83702
dhawk ~ sim lot.com
R. Scott Pasley
Assistant General Counsel
' Simplot Company
999 Main Street
O. Box 27
Boise, I D 83702
~'p
asle ~ sim lotcom
William J. Batt
John R. Hammond, Jr.
Batt & Fisher, LLP
101 S. Capitol Blvd., Suite 500
O. Box 1308
Boise , ID 83701
b ~ battfisher.com
rh ~ battfisher.com
Michael Heckler
Director of Marketing & Development
Wind land Incorporated
7669 W. Riverside Drive, Suite 102
Boise, ID 83714
mheckler~windland.com
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BA TON L. KLINE
CERTIFICATE OF SERVICE, Page 3