20050627Supplemental Answer.pdf

Peter J. Richardson ISB 3195
RICHARDSON & O'LEARY PLLC
99 East State Street
PO Box 1849
Eagle, Idaho 83616
Telephone: [phone]
Fax: [phone]
peter~ri chrdsonando I eary. com
Attorneys for Exergy Development Group of Idaho LLC
~CEIVED illit. ED
lDU5JUN 27 '. L,: 34
; IT .f lDfi\HO PUBLIC
c; t. tILlItES CUMMfSS10N
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 ENTERINTO CONTRACTS TO PURCHASE
ENERGY GENERATED BY WIND-
POWERED SMALL POWER PRODUCTION
FACILITIES
CASE NO. IPC-005-
SUPPLEMENTAL ANSWER
OF EXERGY DEVELOPMENT
GROUP OF IDAHO LLC
COMES NOW, Exergy Development Group of Idaho LLC by and through its attorney of
record, Peter J. Richardson, and pursuant to Rule 57 of the Rules of Procedure issued by the
Idaho Public Utilities Commission ("Commission ) and hereby lodges its Supplemental Answer
to Idaho Power Company s ("Idaho Power" or the "Company ) above captioned Petition. In
support hereof Exergy says as follows:
In its Petition, Idaho Power asserts that
Commission authorization of a temporary suspension of the PURP A contact
obligation is not without precedent. In Order No. 19348 issued in Case No.
1500-156, the Commission, on its own motion, imposed a one-year moratorium
on purchases from QFs located within the service areas of non-investor-owned
utilities that purchase energy supplies from BP
SUPPLEMENTAL ANSWER OF EXERGY DEVELOPMENT
GROUP OF IDAHO-
That decision offers little support for Idaho Power s position as it was in response to
BP A, which had, according to the Commission
defied and frustrated the congressional intent to encourage connection of
cogenerators and small power producers to the nation s electric grid by its refusal
to offer to purchase from these producers at its own avoided costs.
Order No. 19348 at p 2.
In that order the Commission was not assisting a utility to avoid its responsibilities to
purchase QF power, rather it was trying to require all utilities to do so.
Another very important distinction between Case No. 1500-156 is that the
Commission did not impose such a moratorium without FIRST issuing a notice of its intent and
giving interested parties twenty-one days in which to respond.
DATED this 27 day of June 2005.
RICHARDSON & O'LEARY PLLC
By 6:
Peter J. Richardson
Attorneys for Exergy Development Group
of Idaho, LLC
SUPPLEMENTAL ANSWER OF EXERGY DEVELOPMENT
GROUP OF IDAHO- 2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this day, June 27 2005, I caused a true and correct
copy of the foregoing SUPPLEMENTAL ANSWER OF EXERGY DEVELOPMENT
GROUP OF IDAHO LLC to be served by the method indicated below, and addressed to the
following:
Ms. Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
POBox 83720
Boise 10 83720-0074
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Barton L. Kline
Idaho Power Company
PO Box 70
Boise ID 83707-0070
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John R Gale
Idaho Power Company
PO Box 70
Boise ID 83707-0070 .
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Monica Moen
Idaho Power Company
PO Box 70
Boise ID 83707-0070
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Scott Woodbury
Idaho Public Utilities Commission
424 W Washington Street
Boise ID 83702
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Signed~CW\
OREGON ICIP
CERTIFICATE OF SERVICE -