20110913Affidavit of Counsel in Support of Reply Brief.PDF

Donovan E.Walker,ISB #5921
IDAHO POWER COMPANY
1221 W.Idaho Street [83702]
P.O.Box 70
Boise,Idaho 83707
Telephone:[phone]
Facsimile:[phone]
Email:[e-mail]
Bruce C.Jones,ISB #3177
Joy M.Bingham,ISB #7887
JONES &SWARTZ PLLC
1673 W.Shoreline Drive,Suite 200 [83702]
P.O.Box 7808
Boise,Idaho 83707-7808
Telephone:[phone]
Facsimile:[phone]
E-mail:brucejonesandswartzlaw.com
joyjonesandswartzlaw.com
Attorneys for Idaho Power Company
IDAHO POWER COMPANY,
vs.
Complainant,
GLENNS FERRY COGENERATION
PARTNERS,LTD.,a Colorado limited
partnership,
C D
]!1 SEP13 PM 2:52
AFFIDAVIT OF COUNSEL IN
SUPPORT OF IDAHO POWER
COMPANY’S REPLY BRIEF IN
SUPPORT OF MOTION TO
DISMISS WITHOUT PREJUDICE
STATE OF IDAHO )
Respondent.
County ofAda
ss.
)
I,Bruce C.Jones,being first duly sworn upon oath,depose and state as follows:
AFFIDAVIT OF COUNSEL 1N SUPPORT OF IDAHO POWER COMPANY’S REPLY BRIEF TN SUPPORT OF
MOTION TO DISMISS WITHOUT PREJUDICE -1
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
Case No.IPC-E-08-20
1.I am an attorney with the law firm of Jones &Swartz PLLC,and am authorized to
practice law before this and all courts ofthe State ofIdaho.
2.I am counsel of record for Idaho Power Company in the above-entitled action.
3.Attached hereto as Exhibit A is a true and correct copy of the May 19,2011 letter
from Randy C.Aliphin,Senior Energy Contract Coordinator,Idaho Power Company,to Charles R.
Walker,Jr.or Asset Manager,Glenns Ferry Cogen Partnership,Ltd.
FURTHER YOUR AFFIANT SAYETH NAUGHT.
BRUCE C.JONES
SUBSCRIBED AND SWORN TO before me this 13th day of September,2011.
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**Notary Public for Idaho
J My Commission expires 7.‘/2
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AFFIDAVIT OF COUNSEL TN SUPPORT OF IDAHO POWER COMPANY’S REPLY BRIEF iN SUPPORT OF
MOTION TO DISMISS WITHOUT PREJUDICE -2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 13th day of September,2011,a true and correct copy of
IDAHO PowER CoMPANY’s REPLY BRIEF IN SuPPoRT OF MoTIoN TO DIsMiss WIThouT PREJUDIcE
was served upon all parties of record in this proceeding,by the method indicated,addressed as
follows:
Kristine Sasser
Deputy Attorney General
IDAHO PuBLIc UTILITIEs COMMISSION
472 W,Washington [83702]
P.O.Box 83720
Boise,ID 83 720-0074
Commission Staff
Peter J.Richardson
Molly O’Leary
RICHARDSON &O’LEARY PLLC
515 N.27th Street [83702]
P.O.Box 7218
Boise,ID 83707
Counselfor
Glenns Ferry Cogeneration Partners,Ltd.
[]U.S.Mail
Fax:
4Messenger Delivery
[]Email:[e-mail]
[]U.S.Mail
[>iax:938-7904
[j Messenger Delivery
[]Email:[e-mail]
[e-mail]
0
BRUCE C.JoNEs
AFFIDAVIT OF COUNSEL TN SUPPORT OF IDAHO POWER COMPANY’S REPLY BRIEF iN SUPPORT OF
MOTION TO DISMISS WITHOUT PREJUDICE -3
EXHIBIT A
to Affidavit of Counsel in Support of Idaho Power Company’s
Reply Brief in Support of Motion to Dismiss Without Prejudice
EXHIBIT A
to Affidavit of Counsel in Support of Idaho Power Company’s
Reply Brief in Support of Motion to Dismiss Without Prejudice
1HOPOJVER
cCCP (crrW
May 19,2011
Randy C.Allphin
Senior Energy Contract Coordinator
Glemis Ferry Cogen Partnership,Ltd.
Attn:Charles R.Walker,Jr.or Asset Manager
41 S.Prospect Avenue
ParkRidge,IL 60668
Original:Overnight Mail delivery
E-mail:Chuck Walker {[e-mail]
Re:Magic West Firm Energy Sales Agreement
Mr.Walker:
In response to your April 26,2011 c-mail to Mr.Donovan Walker,please be advised that Idaho Power
will not accept the delivery of energy from the Glenns Ferry facility (Facility)pursuant to the December
9,1992 Firm Energy Sales Agreement (Agreement)between Idaho Power Company and Glenns Ferry
Cogeneration Partners,Limited (GFCP),or otherwise,because GFCP has materially breached the
Agreement.
First,pursuant to Article XXIV ofthe Agreement,Idaho Power has not approved the transfer of
partnership interests Idaho Power is entitled to approve GFCP’s ti ansfer of rights or obligations “by
merger,or otherwise.”The very broad language of the assignment provision is designed to ensure that
Idaho Power knows who it is dealing with and that those running GFCP are capable of meeting the
requirements ofthe Agreement.Needless to say,Idaho Power is incapable of evaluating the consent to
assignment as you have refused after multiple requests to provide Idaho Power with the Purh&e and Sale
Agreement purporting to transfer partnership interests.
Second,GFCP has breached the agreement because the Facility no longer has a thermal host,resulting in
GFCP no longer maintaining its status as a qualifying facility under PURPA.Paragraph 3.2 of the
Agreement provides that GFCP’s “failure to maintain qualifying facility status will be a material breach
ofthis Agreement.”
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Third,GFCP has failed to maintain the dedicated telephone circuit allowing the continuous telemetering
of the Facility’s kilowatt output to Idaho Power’s Designated Dispatch Facility and remote operations of
interconnection equipment as required by paragraph B-7 of Appendix B to the Agreement.
This letter will serve as notification that as soon as 5 PM Mountain Standard Time on May 23,2011,
Idaho Power will physically adjust the interconnection relay settings at this site that will result in the
Facility being disconnected from the Idaho Power electrical system if the generation unit is started.ifthis
disconnection is triggered by the start ofthe generation unit,not only the generator will be disconnected
from the Idaho Power electrical system,but also the electrical service to the project will be disconnected.
In addition,if you desire to continue to receive energy from Idaho Power at this site,you will need to
establish a routine commercial retail service for this location.Please contact me ifyou wish to do this
and I will arrange for the appropnate Idaho Power personnel to contact you and work through the process
ofestablishing this electric service account in accordance with the applicable Idaho Power Tariffs.If you
have not notified me with your desire to establish this retail account no later than 5 PM Mountain
Standard Time on May 31,2011,Idaho Power Company will assume you do not wish to have electrical
service at this location and the electrical service will be physically disconnected.
Under no circumstances will the electrical system be enabled to allow delivery of energy from this
Facility to Idaho Power until such time as the material breaches of the current agreement have been
resolved and/or a separate agreement is executed that would enable the Facility to begin generation of
electrical energy.
Sincerely,
E
Randy C.Aliphin
Senior Energy Contract Coordinator
Cc:(IPCo)Donovan Walker
(IPCo)Jason Williams
Bruce Jones
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W1alt St