20070208Surreply comments.pdf

McDevitt & Miller LLP
Lawyers
[phone]
[phone] (Fax)
420 W. Bannock Street
O. Box 2564-83701
Boise, Idaho 83702
Chas. F. McDevitt
Dean J. (Joe) Miller
February 8, 2007 c: ,.....
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VL4 HAND DELIVER Y
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 W. Washington St.
Boise, Idaho 83720
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Re: IPC-06-34 Hot Springs Windfarm, LLC.
IPC-06-35 Bennett Creek Windfarm, LLC.
Dear Ms. Jewell:
Enclosed for filing in the above matters please find the original and seven (7) copies of SUR-
REPLY COMMENTS OF IDAHO WINDF ARMS.
An additional copy of the documents and this letter is included for return to me with your file
stamp thereon.
Very Truly Yours
~De~itt r& Miller LLPb~~
DJM/hh
Encls.
Dean J. Miller (ISB No. 1968)
McDEVITT & MILLER LLP
420 West Bannock Street
O. Box 2564-83701
Boise, Idaho 83702
Tel: [phone]
Fax: [phone]
i oe(il),mcdevitt- miller .com
Attorneys for Idaho Windfarms
ORIGiNAL
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
IDAHO POWER COMPANY FOR APPROVAL
OF A FIRM ENERGY SALES AGREEMENT FOR)
THE SALE AND PURCHASE OF ELECTRIC
ENERGY BETWEEN IDAHO POWER
COMPANY AND HOT SPRINGS WINDF ARM LLC.
IN THE MATTER OF THE APPLICATION OF
IDAHO POWER COMPANY FOR APPROVAL
OF A FIRM ENERGY SALES AGREEMENT FOR)
THE SALE AND PURCHASE OF ELECTRIC
ENERGY BETWEEN IDAHO POWER
COMP ANY AND BENNETT CREEK WINDF ARM LLC.
CASE NO. IPC-06-
SUR-REPLY COMMENTS OF
IDAHO WINDFARM LLC
CASE NO. IPC-06-
COMES NOW Idaho Windfarms LLC and submits the following Sur-Reply to the Idaho
Power s Response to Idaho Windfarms' Reply to the Staffs Comments.
Idaho Windfarms would like to avoid any delay in the Commission s approval of the
Purchase Power Agreements before it. Therefore, Idaho Windfarms wishes to immediately
address one issue raised in Idaho Power s Response.
SUR-REPLY COMMENTS OF IDAHO WINDFARM LLC-
At Page 4 of its Comments, Idaho Power is concerned that Idaho Windfarms might
subsequently claim that by leaving transmission issues un-addressed in these dockets the projects
would argue that the issue was presented in these dockets, the Commission Order was silent and
the matter is now res judicata and immune from attack"
Idaho Windfarms states, for the record, that it will not assert such a claim in any
subsequent transmission proceeding. Idaho Windfarms would not seek to prevent a full and fair
hearing of the issues by reliance on technicalities, like res judicata. Likewise, the Commission
should not establish a precedent on transmission issues in a case which has not directly involved
a full and fair hearing of those issues.
Any order on transmission issues may have a substantial impact on other QF's. They
have not been notified that transmission issues would be addressed in this proceeding and
therefore, have not been given a fair opportunity to make their case. As Idaho Windfarm s noted
in its Reply Comments, it is unnecessary and unwise to address transmission issues in this case-
there is not a fully developed record, a decision would be premature in the absence of a dispute
between the parties, it would be unfair to impose conditions regarding transmission on these
projects when they have not been imposed on previously approved purchase power agreements.
In light ofIdaho Windfarm s waiver of procedural objections, set forth above, the
Commission may safely defer consideration of transmission issues to a proper proceeding.
Conclusion
The Commission should not adopt broad propositions of regulatory policy when the
issues have not been fully identified, a record has not been adequately developed and parties with
contrary views have not participated. In the unlikely event that future disagreements between the
Projects and Idaho Power arise concerning transmission issues, the Commission will have every
SUR-REPLY COMMENTS OF IDAHO WINDFARM LLC- 2
opportunity to address them. Idaho Windfarms respectfully requests that the subject Power
Purchase Agreements be approved without new conditions. Transmission issues can wait for a
transmission proceeding.
DATED this '-b day of February, 2007
By: ~~1 ~ =4
McDevitt & Miller LLP
420 West Bannock
Boise, Idaho 83702
P: 208.343.7500
F: 208.336.6912
Attorney for Idaho Windfarms
SUR-REPLY COMMENTS OF IDAHO WINDFARM LLC- 3
CERTIFICATE OF SERVICE
I hereby certify that on the day of February, 2007, I caused to be served, via the
methodes) 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 iewellcW,puc.state.id. us
Scott Woodbury
Deputy Attorney General
Idaho Public Utilities Commission
O. Box 83720
Boise, ID 83707
Monica B. Moen
Barton L. Kline
Idaho Power Company
1221 West Idaho Street
O. Box 70
Boise, ID 83707
BKline~idahopower.com
Ric Gale
VP-Pricing and Regulatory
Idaho Power Company
1221 West Idaho Street
O. Box 70
Boise, ID 83707
rgalecW,idahopower. com
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BY:
McDevitt & Miller LLP
SUR-REPLY COMMENTS OF IDAHO WINDFARM LLC- 4