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Home My WebLink About20050715Petition to intervene.pdf!LED ti" :.J r-=L-.J ;-.' ' :t:Lt. V R. Scott Pasley, ISB No. 2004 Assistant General Counsel J. R. SIMPLOT COMPANY 999 Main Street Box27 Boise, Idaho 83707 Telephone No: (208)389-7321 Fax No: (208)389-7464 spasley~simp lot. com inns JUL 15 PI-1 4= I 7 It) liD j"i UI.JLiC eJ lIL i TIES COr'U1ISS ION Attorney for J. R. Simplot Company BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE PETITION OF IDAHO) POWER COMPANY FOR AN ORDER TEMPORARILY SUSPENDING IDAHO POWER'S PURPA OBLIGATIONS TO ENTER INTO CONTRACTS TO PURCHASE ENERGY GENERA TED BY WIND-POWERED SMALL POWER PRODUCTION FACILITIES CASE NO. IPC-O5- PE TITI 0 N OF J. R. SIMPLOT COMPANY FOR LEAVE TO INTERVENE AND COMMENTS PETITION TO INTERVENE COMES NOW, the J. R. Simplot Company, a corporation duly authorized to conduct business in the state of Idaho, hereinafter referred to as "Intervenor , and pursuant to the Notice ofPetition/Notice of Intervention Deadline/Notice of Procedural Conference in this matter issued on July 1 2005 and pursuant to this Commission s Rules of Procedure, Rule 071 , IDAP A 31.01.01074, petitions the Commission for leave to intervene herein and to appear and participate herein as a party, and as grounds therefore states as follows: Petition of J. R. Simplot Company for Leave to Intervene And Comments - Page 1 The name and address of Intervenor is: 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 Mail: dhawk~simplot.com Intervenor will be represented herein by: R. Scott Pasley Assistant General Counsel J. R. Simp lot Company 999 Main Street P. O. Box 27 Boise, Idaho 83702 (208) 389-7321 (208) 389-7464 telefax Mail: ~asley~simplot.com Copies of all pleadings, production requests, production responses, Commission orders and other documents should be provided to David Hawk and R. Scott Pasley as noted above. This Intervenor, the J. R. Simplot Company, is a Nevada corporation duly authorized to conduct business in the state of Idaho. This Intervenor is directly and substantially interested in the above-captioned proceeding in that it is both an industrial customer of Idaho Power and a vendor of PURP A qualifying electric power to Idaho Power. This Intervenor intends to participate herein as a party, and if necessary to introduce evidence, cross-examIne witnesses, call and examine witnesses, and be heard in Petition of J. R. Simp lot Company for Leave to Intervene And Comments - Page 2 argument. The nature and quality of evidence which this Intervenor will introduce is dependent upon the nature and effect of other evidence in this proceeding. Without the opportunity to intervene herein, this Intervenor would be without any manner or means of participating in the lawful determination of issues raised by the Commission in its Notice of Application. II.COMMENT OF J. R. SIMPLOT COMPANY As recently as three years ago, the Commission, without opposition, suspended avoided cost rates pending an expedited hearing on the price of natural gas for the surrogate avoided resources. Simplot believes that as precedence the Commission has the authority to suspend the PURP A wind proposal acceptance for a very brief period of time pending resolution of the concerns raised by Idaho Power. Simplot was a very active participant in the creation and acceptance of the 2004 Idaho Power Integrated Resource Plan. Simp lot fully supported the assemblage of a diversified group of generating resources to meet the growing peak and baseload demands of Idaho Power. Simp lot adamantly opposed the continuing construction of base load combined cycle natural gas projects. As a part of the diversified portfolio, 350 gross megawatts of wind energy was accepted. While it was generally believed that resource would be brought on line through the "Request for Proposal" process, that, however, was never decided. There are significant ancillary issues associated with the acceptance of wind resources. At this time, Simp lot does not believe Idaho Power is prepared to accept, shape and transmit 300 + / - gross megawatts ofPURPA wind and another 350 gross megawatts ofRFP wind. Petition of J. R. Simp lot Company for Leave to Intervene And Comments - Page 3 Simp lot would be very disingenuous to suggest that the acceptance and pricing of PURP A, QF projects should be changed. Simplot, therefore, is willing to accept 350 gross (100 average) megawatts over three to four years through the PURP A process. If at the end of that period, 350 acceptable gross megawatts has not been contracted, Idaho Power should utilize an RFP for the balance. Developers need to voluntarily schedule their projects to lessen impact and preserve the integrity of the PURP A opportunity for other resources. There is a reasonable middle ground that protects the concepts of resource diversity, clean and renewable, and overdue impact to the Idaho Power grid and scheduling requirements. It is Simplot's suggestion that the parties move expeditiously to seek this middle ground with the intervenors, staff and investor owned utilities. Simplot suggests a workshop approach with the results brought to the Commission posthaste. WHEREFORE, the J. R. Simp lot Company requests that this Commission grant this Petition to Intervene in these proceedings and to appear and participate in all matters as may be necessary and appropriate; and to present evidence, call and examine witnesses, present argument and to otherwise fully participate in these proceedings. DATED at Boise, Idaho this 15th day of July, 2005. Respectfully submitted By: R. Scott Pasley Assistant General Counsel J. R. Simplot Company Petition of J. R. Simplot Company for Leave to Intervene And Comments - Page 4 CERTIFICATE OF SERVICE HEREBY CERTIFY that I have this 15th day of July, 2005 , served the foregoing Petition to Intervene by the J. R. Simplot Company upon all parties of record in this proceedings by mailing a copy thereof, properly addressed with postage prepaid, to: Jean Jewell Idaho Public Utilities Commission 472 W. Washington Street O. Box 70 Boise, ID 83702-5983 i i ewe11~puc. state.id. us Barton Kline Monica B. Moen Idaho Power Company O. Box 70 Boise, Idaho 83707-0070 bkline~idahopower .com mmoen(~jdahopower. com John R. Gale Idaho Power Company O. Box 70 Boise, Idaho 83707-0070 rgaleCfYidahopower. com Peter Richardson Richardson & O'Leary PLLC 99 East State Street O. Box 1849 Eagle, Idaho 83616 peterCfYrichrdsonando leafY. com Richard L. Storro VISTA Corporation 1411 E. Mission Avenue O. Box 3727, MSC- Spokane, Washington 99220-3727 dickstorro~avistacorp. com S. Mail Hand Delivered Overnight Mail Facsimile Electronic Mail S. Mail Hand Delivered Overnight Mail Facsimile Electronic Mail S. Mail Hand Delivered Overnight Mail Facsimile Electronic Mail S. Mail Hand Delivered Overnight Mail Facsimile Electronic Mail S. Mail Hand Delivered Overnight Mail Facsimile Electronic Mail Petition of J. R. Simp lot Company for Leave to Intervene And Comments - Page 5 S. Mail Hand Delivered Overnight Mail Facsimile Electronic Mail S. Mail Hand Delivered Overnight Mail Facsimile Electronic Mail S. Mail Hand Delivered Overnight Mail Facsimile Electronic Mail S. Mail Hand Delivered Overnight Mail Facsimile Electronic Mail Blair Strong Paine, Hamblen, Coffin, Brooke & Miller LLP 717 W. Sprague Avenue, suite 1200 Spokane, Washington 99201-3505 r. b lair .strong~painehamb len.com Dean J. Miller McDevitt & Miller LLP 420 W. Bannock Boise, Idaho 83702 Jared Grover Cassia Wind LLC and Cassia Gulch Wind Park LLC 3635 Kingswood Drive Boise, Idaho 83316 Armand Eckert Magic Wind LLC 716-B East 4900 North Buhl, Idaho 83316 (2, 10774z Petition of J. R. Simplot Company for Leave to Intervene And Comments - Page 6