20110816Motion to Dismiss.pdf

DONOVAN E. WALKER
Lead Counsel
dwalkercmidahopower.com
15
IDA~POR~
An IDACORP Company
August 16, 2011
VIA HAND DELIVERY
Jean D. Jewell, Secretary
Idaho Public Utilties Commission
472 West Washington Street
Boise, Idaho 83702
Re: Case No. IPC-E-08-20
IDAHO POWER COMPANY, COMPLAINANT, VS. GLENNS FERRY
COGENERA TlON PARTNERS, LTD., A COLORADO LIMITED
PARTNERSHIP, RESPONDENT
Dear Ms. Jewell:
Enclosed for filing please find an original and seven (7) copies of Idaho Power
Company's Motion to Dismiss in the above matter.
Donovan E. Walker
DEW:csb
Enclosures
1221 W. Idaho St. (83702)
P.O. Box 70
Boise, 10 83707
RECEIVE.DDONOVAN E. WALKER (ISB No. 5921)
Idaho Power Company
1221 West Idaho Street (83702)
P.O. Box 70
Boise, Idaho 83707
Telephone: [phone]
Facsimile: [phone]
dwalkerceidahopower.com
io" AUG 16 PH~: 21
BRUCE C. JONES (ISB No. 3177)
Jones & Swart PLLC
1673 West Shoreline Drive, Suite 200 (83702)
P.O. Box 7808
Boise, Idaho 83707-7808
Telephone: [phone]
Facsimile: [phone]
brucecejonesandswartzlaw.com
Attorneys for Idaho Power Company
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IDAHO POWER COMPANY,
Complainant,
)
) CASE NO. IPC-E-08-20
)
) IDAHO POWER COMPANY'S
) MOTION TO DISMISS
)
)
)
)
)
)
)
vs.
GLENNS FERRY COGENERATION
PARTNERS, LTD., a Colorado limited
partnership,
Respondent.
Idaho Power Company ("Idaho Powet' or "Company"), pursuant to RP 56 and
RP 256, hereby moves the Idaho Public Utiities Commission ("Commission") to issue
an Order dismissing this matter without prejudice.
In support of this request, Idaho Power states as follows:
IDAHO POWER COMPANY'S MOTION TO DISMISS - 1
On October 16, 2008, Idaho Power filed a Petition for Declaratory Order and
Formal Complaint for Breach of Contract against Glenns Ferry Cogeneration Partners,
LTD ("Glenns Ferry"). Idaho Power alleges that Glenns Ferry is in breach of its power
sales agreement by permanently curtailng its delivery of energy under the agreement,
and because of the loss of its steam host, that it has lost its Qualifying Facility ("QF")
status. On October 21, 2008, the Commission issued a Summons to Glenns Ferr
directing it to respond within 21 days. On November 10, 2008, Glenns Ferry filed a
Motion to Dismiss for Lack of Subject Matter Jurisdiction. On November 26, 2008, the
Commission issued Order No. 30688 setting forth a briefing schedule for Glenns Ferry's
Motion to Dismiss. The parties subsequently filed legal briefs with the Commission and
Oral Argument was heard on March 3, 2009. Following Oral Argument, the parties
informed the Commission that settlement discussions were ongoing, and a ruling on
Glenns Ferry's Motion to Dismiss has, to this date, not been issued.
Glenns Ferry subsequently petitioned the Federal Energy Regulatory
Commission ("FERC") on two occasions seeking a waiver of FERC's QF cogeneration
facility operating and efficiency standard requirements, and asking that it be recertified
as a QF. Idaho Power intervened and opposed such recertification. FERC granted a
temporary, one-year waiver for the years 2009 and 2010. Glenns Ferry has not yet
asked for re-certification for 2011.
Idaho Power has been informed that the ownership of Glenns Ferry has
purportedly changed. Idaho Powets questions regarding the change in ownership
remain unresolved. The parties have been unable to reach an agreement resolving the
issues in this matter.
IDAHO POWER COMPANY'S MOTION TO DISMISS - 2
NOW THEREFORE, in consideration of the extended period of time that this
matter has been idle at the Commission, without conceding any of the substantive and
jurisdictional issues therein, Idaho Power hereby respectfully moves the Commission to
dismiss this matter without prejudice, whereby the issues may be pursued in a different
forum as may be appropriate.
Respectfully submitted at Boise, Idaho, this 16th day of August 2011.
c!f:¡¿~
DONOVAN E. WALKER
Attorney for Idaho Power Company
IDAHO POWER COMPANY'S MOTION TO DISMISS - 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 16th day of August 2011 I served a true and
correct copy of IDAHO POWER COMPANY'S MOTION TO DISMISS upon the following
named parties by the method indicated below, and addressed to the following:
Commission Staff
Kristine Sasser
Deputy Attorney General
Idaho Public Utilties Commission
472 West Washington (83702)
P.O. Box 83720
Boise, Idaho 83720-0074
-X Hand Delivered
U.S. Mail
_ Overnight Mail
FAX
-X Email Kris.Sassercepuc.idaho.gov
Glenns Ferry Cogeneration Partners, LTD.
Peter J. Richardson
Molly O'Leary
RICHARDSON & O'LEARY, PLLC
515 North 27th Street (83702)
P.O. Box 7218
Boise, Idaho 83707
Hand Delivered
-X U.S. Mail
_ Overnight Mail
FAX
-. Email petercerichardsonandoleary.com
mollycerichardsonandoleary.com
~7~
Donovan E. Walker
IDAHO POWER COMPANY'S MOTION TO DISMISS - 4