20100415Complaint.pdf

McDevitt & Miller LLP
Lawyers
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[phone]
[phone] (Fax)
420 W. Bannock Street
P.O. Box 2564-S''lAPR \ 5 Mi \0: 02
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Apri 15, 201ÒlTIUTq:S
Chas. F. McDevitt
Dean J. (Joe) Miler
Via Hand Delivery
Jean Jewell, Secretar
Idaho Public Utities Commssion
472 W. Washigton St.
Boise, Idaho 83720
ælJe-4i -tb~t3
RE: The New Energy Company LLC and Westem States Equipment Company v.
Idaho Power Company
Dear Ms. Jewell:
Enclosed for fig please fid:
· An origial and seven (J) copies of a Complat;
· Nine (9) copies of the Direct Testionies of Leslie Whte, La.ura Knothe and Jay Kesti,
with one (1) copy desigated as the reporter's copy;
· A computer readable disc contaig the above referenced Direct Testionies.
Kidly retu fie stamped copies to me.
Very try yours,
McDEVITT & MIL LLW\l
Dean J. Mier
DJM/hh
Enclosures
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RE(~!: r~
Dean J. Miler (ISB No. 1968)
Chas. F. McDevitt (ISB No. 835)
McDEVITT & MILLER LLP
420 West Banock Street
P.O. Box 2564-83701
Boise, il 83702
Tel: [phone]
Fax: [phone]
joe(imcdevitt -miler. com
chas(imcdevitt -miler .com
Zilla APR 15 AM '0= 03
Attorneys for The New Energy Company LLC
and Western States Equipment Company, Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
The New Energy Company LLC,
An Idaho Limited Liability Company, and
Wester States Equipment Company, Inc.,
An Idaho Corporation,
Case No. IPC-E-IO-13
COMPLAINT
Complainants
v.
Idaho Power Company,
A Regulated Public Utility,
Respondent.
COMES NOW The New Energy Company LLC ("New Energy") and Western Sates
Equipment Company Inc. ("Western States") pursuant to IPUCRP 54, and for a claim against the
Respondent upon which relief can be granted complain and allege as follows, to wit:
i.
New Energy is an Idaho Limited Liability Company organized under the laws of the State
ofIdaho in 2008. Western States is an Idaho Corporation organized and existing under the laws
of the State of Idaho.
COMPLAINT-l
II.
Respondent ("Idaho Power" or "IPCo") is an electrical corporation within the meaning of
the Idaho Public Utilities Law and is subject to the jursdiction of the Idaho Public Utilities
Commission ("Commission").
III.
This Complaint arises under the Idaho Public Utilities Law and the Public Utilities
Regulatory Practices Act of 1978 (PURP A) and the Commission has jursdiction to consider the
Complaint and to decide the Complaint in favor of New Energy.
IV.
New Energy is a women-owned business engaged in the development of renewable
energy and energy conservation. Western States, among other things, is in the business of selling,
installing and operating industrial engines and electric power generation equipment.
V.
On March 16,2010, in Case No. GNR-E-lO-01, the Commission, without notice to New
Energy, Western States or any third paries except public utility companies, issued Order No.
31025. That Order adopts published avoided cost rates for the purchase by Idaho Power of
capacity and energy from Qualifying Facilities (QF). The rates adopted in Order No. 31025 are
approximately 12% lower than rates previously adopted in Case No. GNR-E-09-01, Order No.
30744. By its ters, Order No. 31025 applies to new PURP A contracts executed on and after
March 16,2010.
VI.
New Energy and Western Sates are in the process of developing three Qualifyng Facility
projects located in Idaho Power's retail service terrtory ("Projects"). Fuel for the projects wil be
COMPLAINT -2
provided by dairy waste which wil be converted to combustible fuel by an anaerobic digestion
process. The projects wil be located at the Rock Creek Dairy in Filer, Idaho, the Double B Dairy
in Wendell, Idaho and Swager Farms in Buhl, Idaho. The expected nameplate capacities for the
Projects are: Rock Creek-4.0 MW, Double B-1.2 MW, and Swager Fars- 1.2 MW.
VII.
As established by the Direct Pre-Filed Testimony of Ms. Laura Knothe, filed herewith,
commencing in July of 2009, New Energy diligently pursued efforts to obtain electrical
interconnection and power purchase agreements with Idaho Power Company.
Were in not for delays imposed by Idaho Power, purchase power agreements for the Projects
would have been executed prior to March 16,2010.
VIII.
As established by the Direct Pre-Filed Testimony of Ms. Leslie Whte, fied herewith,
New Energy has made substantial progress toward project completion in other areas, and there is
substantial evidence of project maturity.
IX.
As established by the Direct Pre-Filed Testimony of Jay Kesting, filed herewith, Western
States has committed to supply engines capable of converting methane gas to mechanical energy
for the purose of operating electric generators. In addition, Western States has committed to
provide equity financing.
X.
Based on the foregoing, New Energy, through counsel, made request upon Idaho Power
Company thatIdaho Power Company execute purchase power agreements for each of the Projects
containing rates adopted in Order No. 30744. Idaho Power has refused to agree to New Energy's
COMPLAINT -3
request and a dispute therefore exits between New Energy, and Western Sates and Idaho Power
Company which is within the jursdiction of the Commission to determine.
XI.
For the reasons set for in the Direct Pre-Filed Testimony of Ms. Laura Knothe, New
Energy and Western States request expedited consideration of this Complaint. New Energy and
Western States request that the matter be considered based on the pleadings and testimony filed
herewith, and any responses thereto. If, however, an evidentiary hearng is necessary, New
Energy and Western States stand ready for immediate hearng.
WHEREFORE, New Energy and Western States respectfully prays as follows:
1. That the Commission determines that New Energy is entitled to receive from Idaho
Power Company power purchase agreements for the Projects containing rates
adopted in Order No. 30744.
2. That the Commission enter its Order requiring Idaho Power Company to execute
power purchase agreements for the Projects containing rates adopted in Order No.
30744.
3. That the Commission grant such other and furter relief as is appropriate in the
circumstance.,.
DATED this ~ day of April, 2010
TOE NEW ENERGY COMPANY LLC
WESTERN STATES EQUIPMENT COMPAN, INC.
BY:(\~ \1~~.Miler
Attorney for The New Energy Company LLC
and Western States Equipment Company, Inc.
COMPLAIT -4
CERTIFICATE OF SERVICE
I hereby certify that on the ~ay of April, 2010, I caused to be served, via the
methodes) indicated below, tre and correct copies of the foregoing document, upon:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, ID 83720-0074
j j ewell(ipuc. state.id. us
Hand Delivered
U.S. Mail
Fax
Fed. Express
Email
Bar Kline, Esq.
Idaho Power
P.O. Box 70
Boise, ID 83702
bkline(iidahopower. com
Hand Delivered
U.S. Mail
Fax
Fed. Express
Email
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McDEVITT & MILLER LLP
COMPLAINT -5