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Home My WebLink About20050720Reply to motion modify schedule.pdf'-. Le Vt. 11._ !'y' L;. f"~ Dean J. Miller ISB #1968 McDEVITT & MILLER LLP 420 West Bannock Street O. Box 2564-83701 Boise, ill 83702 Tel: 208.343.7500 Fax: 208.336.6912 ioe(fYmcdevit.1:miJ ler .com ZU05 JUL 20 AM II: 4 S : i.\ (. ... j f) j' ,::; i iLl iit.. i ,JUL '..""' 1 'T '~Ti..U j ILl I .. J .nIMI. Attorneys for Magic Wind, LLC, Cassia Wind Farm LLC and Cassia Gulch Wind Park LLC (Magic and Cassia)ORIGINAL BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE PETITION OF IDAHO POWER COMPANY FOR AN ORDER TEMPORARILY SUSPENDING IDAHO POWER'S PURP A OBLIGATION TO ENTER INTO CONTRACTS TO PURCHASE ENERGY GENERATED BY WIND- POWERED SMALL POWER PRODUCTION FACILITIES. Case No. IPC-O5- REPLY OF MAGIC AND CASSIA TO MOTION TO MODIFY SCHEDULE COME NOW Magic and Cassia, by and through their counsel, and make the following Reply to Idaho Power Company s Motion to Modify Schedule dated July 19 2005. INTRODUCTION To place Idaho Power s Motion in proper context two observations are appropriate: First, since June 17 2005 Idaho Power Company has been operating under a self- declared suspension of its federal PURP A obligations. During this time the normal contracting process has been halted. (See Testimony of Jared Grover). The Magic and Cassia projects, both of which are at important stages of development, have already been REPLY OF MAGIC & CASSIA TO MOTION TO MODIFY SCHEDULE - harmed by Idaho Power s unilateral suspension of its obligations. (See Testimony of Armand Eckert, Jared Grover). Second, Idaho Power now proposes to further extend its self declared suspension for an indefinite period 1, without a Commission finding as to its legality or factual necessity. Further extension of the self-declared suspension with cause further, and perhaps irreversible, harm to the Magic and Cassia projects. AN EXTENSION SHOULD NOT BE GRANTED UNLESS A GRANDF A THERING" RULE IS ADOPTED AT THE SAME TIME Two proposals for the definition of an exemption standard are in the record. Staff recommends that any projects that have submitted a signed contract to Idaho Power Company should be exempted from a temporary suspension of the Company s PURP A obligations. (See Testimony of Rick Sterling). Magic and Cassia have recommended that any projects that have submitted Interconnection Applications to Idaho Power should be exempted. (See Brief of Magic and Cassia, dated July 15, 2005). Both of these tests are sensible. They each provide a rational way to distinguish between projects that are mature and those that are not. They each strike a fair balance between allowing mature projects to proceed to completion and between concerns however unfounded, that "too much" wind is on the horizon. Thus, if the Commission grants the requested extension, it should at the same time declare that any project that meets the Staff test (contract submitted) or the Magic- 1 While Idaho Power professes a willingness to proceed expeditiously, Magic and Cassia are not so sure. this case proceeds in a workshop/settlement format, history indicates this process is time consuming and slow to fruition. (See, for example the Commission s pending workshop proceedings with respect to customer rules and stray voltage. http://www.puc.state.id.us/ru~kings/ican.pdi andhttp://www.puc. idaho. gov /internet/ cases/ e ~notc/200 04l.2lliIT.I.Q.E%200 f%20NEGOTIA TED%20RULEMAKING.PDF. These matters have been pending for months with little discemable progress). If the case proceeds with traditional testimony and hearings, the prognosis is not any better. In the last case in which the Commission addressed wind issues Us. Geothermal nine months lapsed from start to finish. (See Order No. 29632). REPL Y OF MAGIC & CASSIA TO MOTION TO MODIFY SCHEDULE - 2 Cassia test (application submitted) is exempt from the suspension and that the contracting process with respect to those projects should continue, under current rules and rates. IF AN EXEMPTION STANDARD IS NOT ESTABLISHED, THE JULY 22 HEARING SHOULD PROCEED Magic and Cassia are willing to make reasonable accommodations to address Idaho Power s concerns that the volume of testimony and material to be considered has expanded beyond that which can be considered in one days time. To that end, Magic and Cassia hereby formally waive their right to cross examine all witnesses except Company witness Gale and Staff witness Sterling. Further, Magic and Cassia will vacate the currently scheduled deposition of John R. Gale so as to allow Idaho Power and other parties additional time for preparation. CONCLUSION Magic and Cassia respectfully request that any extension be conditioned by the exemption from suspension as herein suggested and in the absence thereof the July 22 hearing proceed as scheduled. Dated this day of July, 2005 Respectfully submitted CDEVITT & MILLER LLP Dean J. Miller McDevitt & Miller LLP 420 W. Bannock Boise, ID 83702 Phone: (208) 343-7500Fax: (208) 336-6912 Counsel for Magic Wind LLC, Cassia WindFarm LLC and Cassia Gulch Wind Park LLC REPLY OF MAGIC & CASSIA TO MOTION TO MODIFY SCHEDULE - CERTIFICATE OF SERVICE I hereby certify that on the 1lL ~y of July, 2005, I caused to be served, via themethodes) 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 iewell(illpuc.state.id. us Scott Woodbury Idaho Public Utilities Commission 472 West Washington Street O. Box 83720 Boise, ID 83720-0074 swoodbu(illpuc. state. Barton L. Kline Monica B. Moen Idaho Power Company 1221 West Idaho Street O. Box 70 Boise, ID 83707 BKline(illidahopower .com MMoen(illidahopower. com Linda Nordstrom Pacifi Corp 825 NE Multnomah, Suite 1800 Portland, OR 97232 Ii sa.norqstrom(illpacificorp. com Fax: 503.813.7252 Bob Lively Pacificorp One Utah Center, 23rd Floor 201 S. Main Street Salt Lake City, UT 84140 bob .li vel y(illpacificorp. com Fax: 801.220.2798 Hand Delivered S. Mail Fax Fed. Express Email Hand Delivered S. Mail Fax Fed. Express Email Hand Delivered S. Mail Fax Fed. Express Email Hand Delivered S. Mail Fax Fed. Express Email Hand Delivered S. Mail Fax Fed. Express Email REPLY OF MAGIC & CASSIA TO MOTION TO MODIFY SCHEDULE - 4 William J. Batt Hand Delivered John R. Hammond, Jr.S. Mail Batt & Fisher, LLP Fax U S Bank Plaza, 5th Floor Fed. Express 101 South Capital Boulevard Email O. Box 1308 Boise, ID 83701 (illbattfisher. com (illbattfisher. com Michael Heckler Hand Delivered Director of Marketing & Development S. Mail Windland Incorporated Fax 7669 West Riverside Drive, Suite 102 Fed. Express Boise, ID 83714 Email mheckler(illwindland. com Fax: 208.375.2894 Peter J. Richardson Hand Delivered James T. Carkulis S. Mail Richardson & O'Leary PLLC Fax 99 East State Street Fed. Express O. Box 1849 Email Eagle, ID 83616 peter(illrichardsonandoleary .com Fax: 208.938.7904 Glenn Ikemoto Hand Delivered Principal S. Mail Energy Vision, LLC Fax 672 Blair Avenue Fed. Express Piedmont, CA 94611 Email lenni(illpacbell.net Fax: 510.217.2239 Richard L. Storro Hand Delivered Director, Power Supply S. Mail and David Meyer Fax 1411 E. Mission Ave.Fed. Express O. Box 3727, MSC- 7 Email Spokane, W A 99220-3727 di ck. storro(illavistacorp. com davi d.meyer(illavistacorp. com Fax: 509.495.4272 REPLY OF MAGIC & CASSIA TO MOTION TO MODIFY SCHEDULE - 5 R. Blair Strong Paine, Hamblen, Coffin, Brooke & Miller LLP 717 West Sprague Ave., Suite 1200 Spokane, W A 99201-3505 r. blair .strong(illpainehamblen.com Fax: 509.838.0007 J. R. Simplot Company Attn: David Hawk Director, Energy Natural Resources 999 Main Street P. O. Box 27 Boise, Idaho 83702 (208) 389-7306 (208) 389-7333 telefax dhawk(illsimplot.com Hand Delivered S. Mail Fax Fed. Express Email Hand Delivered S. Mail Fax Fed. Express Email lJI R. Scott Pasley Hand Delivered Assistant General Counsel S. Mail J. R. Simp lot Company Fax 999 Main Street Fed. Express P. O. Box 27 Email Boise, Idaho 83702 (208) 389-7321 (208) 389-7464 telefax asl ey(illsim lot. com William M. Eddie Hand Delivered Advocates for the West S. Mail O. Box 1612 Fax Boise, ID 83701 Fed. Express billeddie(illrmci.net Email REPLY OF MAGIC & CASSIA TO MOTION TO MODIFY SCHEDULE - 6