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Home My WebLink About20070717Petition to Intervene.pdfP A I N E :IL1: HAM B LEN". ,' ... ,,-. R. Blair Strong ' ; ;~, ,. - ..." - '' , July 16, 2007 Ms. Jean Jewell, Commission Secretary 472 West Washington Boise, ID 83702 RE:IPC- E-07 - Petition of A vista Corporation to Intervene Dear Ms. Jewell: Please find enclosed for filing the original and seven (7) copies of a Petition of A vista Corporation to Intervene in the above-referenced proceedings. Please confonn and return the additional copy in the enclosed self-addressed stamped envelope. Thank you for your assistance. Very truly yours PAINE HAMBLEN LLP ~fZ;ALJ Paralegal to R. Blair Strong 1:\Spodocs\11150\O4226\ltr\OO521854.DOC Enclosurescc: Service List 717 West Sprague Avenue Suite 1200 Spokane, W A 99201 T (509) 455-6000 F (509) 838-0007 www.painehamblen.com A Limited Liability Partnership with offices in Spokane, Coeur d'Alene and Kennewick. Michael G. Andrea Staff Attorney A vista Corporation 1411 East Mission, MSC- Spokane, W A 99202 Phone: (509) 495-2564 Facsimile: (509) 495-5690 " ", ' , i i ,.. , ~ ; \ v " .. ";,, .. '0 R. Blair Strong (Admitted Pro Hac Vice in IPC-05-22) Jerry K. Boyd (Idaho Bar # 1341) Paine Hamblen LLP 717 West Sprague, Suite 1200 Spokane, W A 99220-3505 Telephone: (509) 455-6000 Facsimile: (509) 838-0007 Attorneys for A vista Corporation BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF IDAHO POWER COMPANY'S PETITION TO INCREASE THE PUBLISHED RATE ELIGIBILITY CAP FOR WIND POWERED SMALL POWER PRODUCTION FACILITIES; AND TO ELIMINATE THE 90%/110% PERFORMANCE BAND FOR WIND POWERED SMALL POWER PRODUCTIONFACILITIES NO. IPC-O7- PETITION OF A VISTA CORPORATION TO INTERVENE (Reference Related Case Nos. A VU- 07 -02 and P AC- E-07 -07) Pursuant to the Idaho Public Utilities Commission s ("Commission ) Rules of Procedure 53 and 71 through 73 and the Notice of Intervention Deadline issued by the Commission on June 28, 2007 , A vista Corporation ("A vista ) hereby petitions to intervene, and to appear and participate as a party, in the above-captioned matter. Name and Address of Petitioner A vista Corporation 1411 East Mission Avenue Spokane, W A 99202 PETITION OF A VISTA CORPORATION TO INTERVENE - 1 Nature of Business A vista is a corporation created and organized under the laws of the State of Washington with its principal office in Spokane, Washington. Avista is an investor-owned utility engaged in among other things , the business of generating, transmitting, and distributing electric power to wholesale and retail customers in Idaho and Washington. Avista also provides natural gas service to customers in Idaho , Washington, and Oregon. As such, A vista s rates, charges services and practices are regulated, in part, by this Commission. Names of Representatives All communications , pleadings, and orders with respect to this proceeding should be directed to: R. Blair Strong Jerry K Boyd Paine Hamblen LLP 717 W. Sprague, Suite 1200 Spokane, W A 99220 Phone: (509) 455-6000 Fax: (509) 838-0007 E-mail: r.blair.strong&Jpainehamblen.com Michael G. Andrea Staff Attorney A vista Corporation 1411 East Mission Ave., MSC- Spokane, W A 99202 Phone: 509-495-2564 Fax: (509) 495-5690 E-mail: michael.andrea &J avistacorp.com Avista s Interest in this Proceeding Avista is the petitioner in a related proceeding, (Case No. A VU-07-02). In that related proceeding, A vista requested that the Commission raise the cap on entitlement to published avoided cost rates for wind-powered small generation facilities that are qualifying facilities QFs ) under sections 201 and 210 of the Public Utility Regulatory Policies Act of 1978 from the current level of 100 kW to 10 aMWs per month, subject to certain conditions, including: Reducing the published avoided cost rates applicable to purchases by A vista of electric power from wind-powered QFs by 12%, as a percentage reduction to be PETITION OF A VISTA CORPORATION TO INTERVENE - 2 applied against scheduled avoided cost rates in those circumstances, except where the QF developer agrees in the power purchase and sale contract with A vista to deliver QF output to A vista on a finn hourly schedule, in which case the percentage reduction shall be 6%; Removing the requirement that the 90%/110% perfonnance band requirement not be applied to purchases from wind-powered QFs; Authorizing A vista to purchase state-of-the-art wind forecasting services to provide A vista with forecasted wind conditions in those geographic areas in which wind generation resources are located, provided that QFs will reimburse A vista for their share of the on-going cost of the wind forecasting service, in proportion to their percentage share of the wind-generator capability being supplied to A vista from that area; Requiring QFs to deliver a "mechanical availability guarantee" to Avista to demonstrate monthly, except for scheduled maintenance and events of force majeure or uncontrollable force, that the QF was physically capable and available to generate a full output during 85% of the hours in a month; Clarifying the rules governing the entitlement to published rates to prevent all QFs , whether wind or non-wind, capable of delivering more than 10 aMW per month from structuring or restructuring into smaller projects solely for the purpose of qualifying for the published avoided cost rates; and Clarifying that the cap on entitlement to published avoided cost rates shall be raised to 10 aMW only until A vista s total wind portfolio from all sources totals 400 MW. PETITION OF A VISTA CORPORATION TO INTERVENE - 3 The issues in this proceeding are substantially similar to the issues raised by Avista in the related proceeding. Thus, any determination of the issues in this proceeding may have an impact on the issues in Avista s related proceeding. Avista, therefore, has a direct and substantial interest in this proceeding. No other party can adequately represent Avista s interest in this proceeding. Accordingly, good cause exists to grant Avista s motion to intervene. For the forgoing reasons , A vista respectfully requests that the Commission grant A vista petition and allow A vista to intervene in ~bove-captioned proceeding. Respectfully submitted this Ld((y of July 2007. By: Michael G. Andrea Staff Attorney A vista Corporation 1411 East Mission, MSC- Spokane, W A 99202 Phone: (509) 495-2564 Facsimile: (509) 495-5690 PETITION OF AVISTA CORPORATION TO INTERVENE - 4 CERTIFICA TE OF SERVICE I hereby certify that on the ILP~day of July, 2007 , true and correct copies of the PETITION OF A VISTA CORPORATION TO INTERVENE were delivered to the persons on the attached Service List via the method of service noted. Hand Deli very US. Mail Overnight Mail Fax Transmission Dean Brockbank Esq. Rocky Mountain Power 201 S Main St Ste 2300 Salt Lake City UT 84111 Hand Deli very US. Mail Overnight Mail Fax Transmission Brian Dickman Rocky Mountain Power 201 S Main St Ste 2300 Salt lake City UT 84111 Hand Delivery S. Mail Overnight Mail Fax Transmission Data Request Response Center PacifiCorp 825 NE Multnomah Ste 2000 Portland OR 97232 Hand Deli very US. Mail Overnight Mail Fax Transmission Dean J Miller McDevitt & Miller LLP PO Box 2564 Boise ill 83701- 2564 Hand Delivery US. Mail Overnight Mail Fax Transmission Stephen E Martin Intennountain Wind LLC 425 S Homes PO Box 3189 Idaho Falls ill 83403- 3189 Hand Delivery US. Mail Overnight Mail Fax Transmission Peter J Richardson Richardson & O'Leary PO Box 7218 Boise ill 83702 Hand Delivery US. Mail Overnight Mail Fax Transmission Dr Don Reading 6070 Hill Road Boise ill 83703 PETITION OF AVISTA CORPORATION TO INTERVENE - 5 William M Eddie Hand Deli very Advocates for the West US. Mail 610 SW Alder Ste 910 Overnight Mail Portland OR 97205 Fax Transmission Ken Dragoon Hand Deli very Renewable NW Project US. Mail 917 SW Oak St Ste 303 Overnight Mail Portland OR 97205 Fax Transmission Barton L Kline Hand Delivery Monica B Moen 1C..US. Mail Idaho Power Company Overnight Mail PO Box 70 Fax Transmission Boise ill 83707- 0070 Natalie McIntire Hand Deli very Renewable NW Project US. Mail 917 SW Oak Ste 303 Overnight Mail Portland OR 97205 Fax Transmission Ridgeline Energy LLC Hand Deli very c/o Rich Rayhill US. Mail 720 W Idaho St Ste 39 Overnight Mail Boise ill 83702 Fax Transmission Robert MEllis Hand Delivery 4 Nickerson Ste 301 S. Mail Seattle W A 98109 Overnight Mail Fax Transmission Neil Parpart Hand Deli very nparpart &J cableone.net US. Mail Overnight Mail Fax Transmission ')(. -e n...tA I I Richard L Storro Hand Deli very Director Power Supply US. Mail A vista Corporation Overnight Mail PO Box 3727 /MSC - 7 Fax Transmission Spokane W A 99220- 3727 William J Batt Hand Delivery John R Hammond JR US. Mail PO Box 1308 Overnight Mail Boise ill 83701 Fax TransIlllssion PETITION OF A VISTA CORPORATION TO INTERVENE - 6 Michael Heckler Director Hand Delivery Windland Inc US. Mail 7669 W Riverside Dr, Ste 102 Overnight Mail Boise ill 83714 Fax Transmission Annand Eckert Hand Deli very Magic Wind LLC US. Mail 716- BEast 4900 North Overnight Mail Buhl ill 83316 Fax Transmission Glen Ikemoto Hand Deli very Principal US. Mail Energy Vision LLC Overnight Mail 672 Blair Ave Fax Transmission Piedmont CA 94611 David Hawk Hand Delivery Dir Energy Natural Res US. Mail JR Simplot Company Overnight Mail PO Box 27 Fax TransmissIOn Boise ill 83707- 0027 R Scott Pasley Hand Deli very Assistant General Counsel US. Mail JR Simplot Company Overnight Mail PO Box 27 Fax Transmission Boise ill 83707- 0027 Troy Gagliano Hand Deli very 917 SW Oak St Ste 303 US. Mail Portland OR 97205 Overnight Mail Fax TransmissIOn LeRoy J arolimek Hand Deli very 605 S 600 W S. Mail Burley ill 83318 Overnight Mail Fax TransmissIOn Gerald Fleischman Hand Delivery 11535 W Hazeldale Ct US. Mail Boise ill 83713 Overnight Mail Fax TransmissIOn PETITION OF A VISTA CORPORATION TO INTERVENE - 7 Steve Kohntopp Hand Delivery 2186 E 4200 N US. Mail Filer ill 83328 Overnight Mail Fax Transmission Mark Slifka Hand Deli very PO Box 580 US. Mail Middleton ill 83644 Overnight Mail Fax TransmissIOn Glenn Dalton Hand Delivery 1118 Ashgrove Rd US. Mail Nicholasville KY 40356 Overnight Mail Fax Transmission Knight C Duerig Hand Deli very President x..US. Mail Idaho Rural Council Overnight Mail 4199 N Meridian Box 403 Fax Transmission King Hill ill 83633 Dar Olberding Hand Deli very 5454 W Central Rd US. Mail Emmett ill 83617 Overnight Mail Fax Transmission Joe Bernasconi Hand Deli very 10491 W Bucktail Dr )( , S. Mail Boise ill 83714 Overnight Mail Fax Transmission Shawn Maxey Hand Delivery illA-Lew Economic US. Mail Development Council Overnight Mail PO Box 393 Fax Transmission Grangeville ill 83530 The Honorable Gerry Sweet Hand Deli very 3122 N Sunny Side Ave ',( US. Mail Meridian ill 83642 Overnight Mail Fax TransmissIOn E. Wade Quigley Hand Delivery 20010 Highway 30 US. Mail Buhl ill 83316 Overnight Mail Fax Transmission PETITION OF A VISTA CORPORATION TO INTERVENE - 8 Tyler Schwendiman Schwendiman Wind LLC 9633 E Highway 30 Newdale ill 83436 Hand Deli very US. Mail Overnight Mail Fax TransmissIOn Hand Deli very US. Mail Overnight Mail Fax Transmission Hand Delivery US. Mail Overnight Mail Fax TransmissIOn Hand Deli very US. Mail Overnight Mail Fax TransmissIOn Mark Schroeder Schroeder Wind Fann 4481 N 1800 E Buhl ill 83316- 5336 Jay Chang Element Markets 1 Sugar Creek Ctr Blvd, Ste 250 Sugar Land TX 77478 Senator Steven Bair ill State Legislature State Capitol Bldg PO Box 83720 Boise ill 83720- 0081 1:\Spodocs\11150\O4226\plead\OO521831.DOC:drs PETITION OF A VISTA CORPORATION TO INTERVENE - 9