20040512Motion to Consolidate.pdf

Peter J. Richardson
RICHARDSON & 0' LEARY PLLC
99 East State Street
Eagle, Idaho 83616
Telephone: [phone]
Fax: [phone]
peter~ri chardsonando I eary. com
Attorneys for the Industrial Customer of Idaho Power
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UTiLI.fIES COf'tHISSION
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
BOB LEWANDOWSKI AND MARK
SCHROEDER
Complainants
IDAHO POWER COMPANY, an Idaho
Corporation
Respondent
CASE NO. IPC-04-
CASE NO. IPC-04-
MOTION TO CONSOLIDATE
OR IN THE ALTERNATIVE
FOR LEAVE TO INTERVENE
AND MOTION TO AMEND
COMPLAINT
COMES NOW Bob Lewandowski and Mark Schroeder ("Complainants ), through their
attorneys, Richardson and O'Leary, and herby moves, pursuant to Rule 247 of the Rules of
Practice of the Idaho Public Utilities Commission ("Commission ), that their complaint be
consolidated for purposes of hearings, briefings and other related actions with that complaint
filed by u.S. Geothermal against Idaho Power in Docket No. IPC-04-08. Complainants also
seek leave to amend their complaint by adding, in its entirety the third count contained in U.
Geothermal's Complaint against Idaho Power in Docket IPC-04-08. In support of their motion
the Complaints say as follows:
MOTION TO CONSLODIA TE OR INTERVENE AND AMEND
CONSLIDIATION
The issues raised in the two complaints deal with what contract terms are acceptable to
this Commission when Idaho Power enters into a power purchase agreement with a QF. The
issues in both complaints are essentially identical. It would make no sense to proceed with two
separate dockets addressing essentially the same issues. The defendant in both dockets is Idaho
Power. The complainants in both dockets are QF developers who seek Commission guidance on
issues that are essentially identical.
Rule 247 specifically allows the Commission to consolidate dockets when "it finds that
they present issues that are related and that the rights of the parties will not be prejudiced." No
party would be prejudiced by consolidation of these two dockets because no procedural actions
have been taken in either docket except for the actual filing of the complaints and Idaho Power
filing of its answer in the -08 docket. In addition there is no prejudice because the issues in both
dockets are so closely related.
Finally, failure to consolidate may actually prejudice your Complainants because they
will not have an opportunity to participate in the u.s. Geothermal docket as it is approximately
three weeks ahead of the complaint filed by your Complainants.
ALTERNATIVE MOTION TO INTERVENE
Should the Commission not allow for the consolidation of these two dockets, then Mr.
Lewandowski and Mr. Schroeder respectfully request that the Commission issue its order
granting them status as a party in the u.S. Geothermal Docket. Issues raised in that docket will
substantially impact their ability to proceed with their respective wind projects. They therefore
have a direct and substantial interest in that docket. Rule 74 of the Commission s rules provides
MOTION TO CONSLODIATE OR INTERVENE AND AMEND
that "If a petition to intervene shows direct and substantial interest in any part of the subject
matter of a proceeding and does not unduly broaden the issues, the Commission. . . will grant
intervention." As noted above, your Complainants will not broaden the issues because their
issues are essentially the same as u.s. Geothermal's issues. In addition, Rule 74 provides that
the Commission "will" grant such a request for intervention. Rule 74 appears to mandate that
such petitions to intervene be granted.
AMEND ME NT OF COMPLAINT
The Complaints seek Commission authorization to amend its complaint to incorporate the
third count contained in u.s. Geothermal's complaint regarding Idaho Power s ability to
terminate an agreement should retail deregulation be implemented in Idaho. Upon reflection
your Complainants believe that u.s. Geothermal is correct in its assertion that there is no basis in
law or fact for Idaho Power s position, and that it would effectively nullify this Commission
rules by making it extremely costly, if not impossible, to finance PURP A projects.
No party will be prejudiced by permitting the above requested amendment. It is
anticipated that Idaho Power s answer to u.s. Geothermal's complaint on that issue will be the
identical one sentence denial it filed in its answer to U.S. Geothermal's complaint.. It will not
burden Idaho Power to add that sentence when it files its answer.
PRAYER FOR RELEIEF
WHEREFORE Mr. Lewandowski and Mr. Schroeder respectfully pray for this
Commission s order consolidating Dockets Nos. IPC-04-08 and IPC-04-10 or in the
alternative granting their Petition to Intervene in Docket No. IPC-04-10. Finally, Mr.
MOTION TO CONSLODIA TE OR INTERVENE AND AMEND
Lewandowski and Mr. Schroeder respectfully request leave to amend their complaint as noted
above.
Respectfully submitted this 12th day of May, 2004.
RICHARDSON & O'LEARY PLLC
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By: i/A
Peter J. Richardson, ISB #3195
Attorneys for the Industrial Customers
of Idaho Power
MOTION TO CONSLODIATE OR INTERVENE AND AMEND
CER TIFI CA TE 0 F S ER VI CE
I HEREBY CERTIFY that on this 12th day of May,2004, I caused a true and
correct copy of the foregoing MOTION TO CONSOLIDATE OR IN THE ALTERNATIVE
FOR LEAVE TO INTERVENE AND MOTION TO AMEND COMPLAINT to be served
by the method indicated below, and addressed to the following:
Jean Jewell
Idaho Public Utilities Commission
472 West Washington Street
Post Office Box 83720
Boise, Idaho 83720-0074
( ) U.S. Mail, Postage Prepaid
(X) Hand Delivered
( )
Overnight Mail
( )
Facsimile
( )
Electronic Mail
Monica B. Moen, Attorney II
Barton L. Kline, Seniior Attorney
Idaho Power Company
PO Box 70
Boise, ID 83707-0070
bkline~idahopower. com
mmoen~idahopower. com
( ) U.S. Mail, Postage Prepaid
(X) Hand Delivered
( )
Overnight Mail
( )
Facsimile
( )
Electronic Mail
Randy C. Allphin, Contract Admin.
Power Supply Planning
Idaho Power Company
Post Office Box 70
Boise, Idaho 83707-0070
rallphin~idahopower. com
( ) U.S. Mail, Postage Prepaid
(X) Hand Delivered
( )
Overnight Mail
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( )
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John Prescott
Vice- President Power Supply
Idaho Power Company
Post Office Box 70
Boise, Idaho 83707-0070
iprescott~idahopower. com
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(X) Hand Delivered
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Conley E. Ward
Givens Pursley LLP
601 West Bannock
Po Box 2720
Boise, Idaho 83701-2720
cew~ gi venspursl ey. com
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(X) Hand Delivered
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Overnight Mail
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IPC-O4-10 & IPC-O4-
CERTIFICATE OF SERVICE -
Doug Glaspey
S. Geothermal
1509 TYrell Lane
Boise, Idaho 83706
dglaspey~us geothermal. com
(X) U.S. Mail, Postage Prepaid
( )
Hand Delivered
( )
Overnight Mail
( )
Facsimile
( )
Electronic Mail
Signed JA\~~
Nina Curtis
IPC-O4-10 & IPC-O4-
CERTIFICATE OF SERVICE - 2