20051027Petition determine exemption status.pdf

, "., ro' ; \
::
~t,Lc.JY ~
Dean J. Miller ISB #1968
McDEVm & MILLER LLP
420 West Bannock Street
O. Box 2564-83701
Boise, II) 83702
Tel: [phone]
Fax: [phone]
i oe~mcdevitt-miller.com
" ., ,..,..,
n':'
,---"--)j
Pli 4: l~1..-.
-- "
, D\\()LIC
:hu f ~F\M\SS\Ol~J\\~,
Attorneys for Cassia Wind Park LLC
And Cassia Wind LLC
\ ,~
ORIGINAL
IN THE MA TIER OF THE PETITION OF
CASSIA WIND TO DETERMINE
EXEMPTION STATUS
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION,
Case No. IPC- E-O5- 35'
PETITION TO DETERMINE
EXEMPTION STATUS
COMES NOW Cassia Gulch Wind Park LLC and Cassia Wind Fann LLC
, ("
Cassia
Wind") by and through its counsel of record and respectfully petitions the Commission for an
Order detennining that Cassia Wind is exempt from the reduction of published rate cap
eligibility for published avoided costs from 10 aMW to 10 kw contained in Order No. 29839 , and
in support thereof respectfully shows as follows:
On August 4, 2005 the Commission issued Order No. 29839 reducing the
eligibility standard for published avoided cost from 10 aMW to 10 kw. In the same Order the
Commission created an exemption from the new eligibility requirement, defined as follows:
F or purposes of detennining eligibility we find it reasonable to use the date of the
Commission s Notice in this case, i., July 1 2005. For those QF projects in the
negotiation queue on that date, the criteria that we will look at to detennine
project eligibility are: (1) submittal of a signed power purchase agreement to the
utility, or (2) submittal to the utility of a completed Application for the
Interconnection Study and payment of fee. In addition to a finding of existence of
one or both of the preceding threshold criteria, the QF must also be able to
demonstrate other indicia of substantial progress and project maturity, e., (1) awind study demonstrating a viable site for the project, (2) a signed contract for
PETITION TO DETERMINE EXEMPTION STATUS - 1
wind turbines, (3) arranged financing for the project, and/or (4) related progress
on the facility pennitting and licensing path.
2. Thereafter, on September 21 , 2005, in response to Petitions for Reconsideration, the
Commission affinned the exemption standard above set forth, although the eligibility date was
changed from July 1 , 2005 to August 4 2005. See Order No. 29872, pg 12.
3. As established by the Affidavit of Jared Grover, filed contemporaneously herewith
Cassia Wind, meets at least one of the threshold eligibility requirements and at least one of the
secondary requirements and is therefore exempt from the new eligibility cap. The Affidavit of
Mr. Grover refers to documents which Cassia Wind considers to be confidential or trade secrets.
Said documents will be made available to Staff and Idaho Power Company upon execution of an
appropriate Protective Agreement.
WHEREFORE Cassia Wind respectfully requests that the Commission enter its Order
detennining that Cassia Wind is exempt from the eligibility cap established by Order No. 29839.
DATED this day of October, 2005.
Respectfully submitted
f4\DEvm &
MILLER LLP
t~
\~~
Dean il er
--...
McDevitt & Miller LLP
420 W. Bannock
Boise, ID 83702
Phone: [phone]Fax: [phone]
Counsel for Cassia Wind Park LLC
and Cassia Wind LLC
PETITION TO DETERMINE EXEMPTION STATUS - 2
CERTIFICATE OF SERVICE
I hereby certify that on the 2;/f!'-d ay of October, 2005, I caused to be served, via the method(s)
indicated below, true and correct copies of the foregoing document, upon:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, ID 83720-0074
i i ewell~puc. state.id.
Hand Delivered
S. Mail
Fax
Fed. Express
Email
Barton L. Kline
Monica B. Moen
Idaho Power Company
1221 West Idaho Street
O. Box 70
Boise, ID 83707
BKline~idahopower.com
MMoen~idahopower. com
Hand Delivered
S. Mail
Fax
Fed. Express
Email
PETITION TO DETERMINE EXEMPTION STATUS - 3