20051104Answer.pdf

IDAHO f:CEIVEDIDAHO POWER COMPANY
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POWER O. BOX 70
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An IDACORP Company I I' , "
BARTON L. KLINE
Senior Attorney
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November 2 2005
Jean D. Jewell , Secretary
Idaho Public Utilities Commission
472 West Washington Street
P. O. Box 83720
Boise , Idaho 83720-0074
Re:Case No. IPC-05-
Idaho Power Company s Answer
Dear Ms. Jewell:
Please find enclosed for filing an original and seven (7) copies of the
Company s Answer in the above-entitled case.
I would appreciate it if you would return a stamped copy of this transmittal
letter for our files in the enclosed self-addressed stamped envelope.
Very truly yours
CU:tt
Barton L. Kline
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Enclosures
Telephone [phone] Fax [phone], E-mail BKline(ij)idahopower.com
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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 Telephone: [phone]
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Attorneys for Idaho Power Company
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
TIERRA ENERGY, LLC
CASE NO. IPC-05-Complainant
ANSWER
IDAHO POWER COMPANY
Respondent.
Respondent, Idaho Power Company ("Idaho Power" or "Company ), in
accordance with RP 057, hereby answers the Complaint of Complainant, Tierra Energy,
LLC ("Tierra ) in the above-entitled case as follows:
Unless specifically admitted herein , Idaho Power denies all of the
allegations contained in the Complaint.
Idaho Power admits that it is an electric utility providing electric
service in the State of Idaho subject to the jurisdiction of the Commission. The balance
ANSWER, Page
of the statements contained in Paragraph 1 constitute legal conclusions , not allegations
of fact that can be admitted or denied. As such , Idaho Power denies the same.
As applied to wind generation OFs , Idaho Power denies the
allegations contained in Paragraph 2. Order No. 29646 speaks for itself.
Idaho Power denies the allegation in Paragraph 3 that Tierra
operates a wind power generation project in Power County, Idaho. Without sufficient
information and knowledge to verify the truth or falsity of the balance of the allegations
in Paragraph 3 , Idaho Power denies the same.
Idaho Power admits receipt of a letter from Tierra dated June 27
2005. The letter speaks for itself. Idaho Power admits that Tierra telephoned to advise
Idaho Power that the June 27 2005 letter was coming. Idaho Power denies the
balance of the allegations contained in Paragraph 4.
Complainant's statements contained in Paragraph 5 constitute legal
conclusions, not allegations of fact that can be admitted or denied. As such, Idaho
Power denies the same.
Idaho Power admits that it filed a Petition on June 17 2005 which
was docketed by the Commission as Case No. IPC-05-22. The petition speaks for
itself. Idaho Power admits that the Commission has issued both interlocutory and final
orders in Case No. IPC-05-22. The orders speak for themselves. Idaho Power
denies the balance of the allegations contained in Paragraph 6.
Idaho Power admits that on June 27 , 2005 , the Commission had
not issued a final or interlocutory order in Case No. IPC-05-22. Idaho Power denies
the balance of the allegations in Paragraph 7.
ANSWER , Page 2
The statements contained in Paragraph 8 constitute legal
conclusions, not an allegation of fact that can be admitted or denied. As such , Idaho
Power denies the same.
10.Idaho Power admits that it currently has Energy Sales Agreements
with Glenns Ferry Cogeneration Partners Ltd. and Rupert Cogeneration Partners Ltd.
Being without sufficient information and knowledge to verify the truth or falsity of the
balance of the allegations contained in Paragraph 9 , Idaho Power denies them.
11.Idaho Power denies the allegations contained in Paragraphs 10,
and 12.
12.Idaho Power admits it received a letter from Tierra dated October 4
2005. The letter speaks for itself. Idaho Power denies it sent a letter to Tierra dated
October 5 2005. Idaho Power admits it sent Tierra a letter dated October 6 2005. The
letter speaks for itself. Idaho Power denies the balance of the allegations contained in
Paragraph 13.
Affirmative Defense
On August 4 , 2005 , the Commission issued Order No. 29839 (the "Order
in response to the Petition identified in Paragraph 7 above. In the Order, the
Commission ruled that only those wind generation projects with a nameplate rating of
100 kW or less would be eligible to receive PURPA contracts containing the published
avoided cost rates. In the Order, the Commission also identified several criteria to
assess the eligibility of larger wind generation projects that had commenced the
development process prior to July 1 2005 to receive PURPA contracts containing the
published rates. (In a subsequent order in Case No. IPC-05-, the Commission
ANSWER , Page 3
extended the eligibility date to August 4 2005.) On August 8 2005, Idaho Power sent a
letter to Tierra requesting project-specific information corresponding to the eligibility
criteria the Commission had identified in the Order. Tierra responded that it would not
provide the requested information to Idaho Power. As a result, Idaho Power has no
information to determine whether or not Tierra might be entitled to the relief requested in
this complaint under the criteria described in the Order. As such, discovery may render
this complaint moot.
13.Service of Pleadinqs - Communications with reference to this case
should be sent to the following:
Barton L. Kline
Monica B. Moen
Idaho Power Company
O. Box 70
Boise , ID 83707
bkline
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idahopower.com
mmoen (g? idahopower.com
John R. Gale
Vice President - Regulatory Affairs
Idaho Power Company
O. Box 70
Boise, ID 83707
rqale (g? idahopower.com
14.Requested Relief - Tierra has not stated a claim for relief which
can be granted and the Complaint should be denied by the Commission.
DATED at Boise, Idaho, this 2nd day of November, 2005.
BAR N L. KLINE
MONICA B. MOEN
Attorneys for Idaho Power Company
ANSWER, Page 4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 2nd day of November, 2005 , I served a
true and correct copy of the within and foregoing ANSWER upon the following named
parties by the method indicated below, and addressed to the following:
Bruce M. Smith
Moore, Smith, Buxton & Turcke
225 North 9th Street, Suite 420
Boise, Idaho 83702
Hand Delivered
x U.S. Mail
Overnight Mail
FAX
BARTON L. KLINE
CERTIFICATE OF SERVICE