20070913Motion to Compel.pdf

Peter 1. Richardson
ISB No. 3195
Richardson & O'Leary
515 N. 27th Street
O. Box 7218
Boise, Idaho 83702
Telephone: [phone] Tel
Fax: [phone] Fax
peter~richardsonandoleary .com
Attorneys for Exergy Development Group of Idaho, LLC
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BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
EXERGY DEVELOPMENT GROUP OF
IDAHO, LLC
Respondent.
MOTION TO COMPEL RETENTION
) IN IDAHO POWER'
) INTERCONNECTION QUEUE AND TO
) PROHIBIT IDAHO POWER FROM
) ASSESSING ILLEGAL
) INTERCONNECTION STUDY DEPOSITS
CASE NO. IPC-07-
Petitioner
vs.
IDAHO POWER COMPANY
COMES NOW, Exergy Development Group ofIdaho, LLC ("Exergy,), by and through
its attorneys of record, Richardson & O'Leary, and pursuant to this Commission s Rules of
Procedure, Rule 54 IDAPA 31.01.01.054 hereby files this Motion to Compel.
BACKGROUND
On July 22 2007, Exergy Development Group ofIdaho, LLC (Exergy) filed a formal
complaint against Idaho Power asserting that (1) Idaho Power has failed to comply with its
Commission approved tariffs for the conduct of interconnection studies for QF projects located
in its service territory; (2) Idaho Power has arbitrarily assessed interconnection deposits against
QF projects being developed by Exergy; (3) Idaho Power has refused to honor interconnection
deposit quotes published on its office web site; (4) Idaho Power has engaged in discriminatory
treatment of its QF customers by not consistently adhering to its published schedule of
interconnection deposit fees; (5) Idaho Power has failed to provide detailed accounting of the use
of interconnection deposits that Exergy has lodged with the company.
Idaho Power filed its answer to Exergy s complaint on August 21 , 2007. As explained
more fully in the accompanying Brief in Support of Motion to Compel, Idaho Power s answer
fails to provide any legal defense against the assertions contained in Exergy s complaint.
MOTION
Exergy respectfully requests this Commission issue its order:
Prohibiting Idaho Power from removing any of Exergy' s projects that are the subject
of its Complaint from its interconnection queue; and
Requiring Idaho Power to comply with Schedule 72 by providing Exergy with the
costs for interconnecting its QF projects without first requiring a deposit; and
That Idaho Power Refund those deposits already posted pending receipt by Exergy of
a complete cost breakdown for interconnecting its projects to Idaho Power s electrical
system;
ALTERNATIVE MOTION
Should the Commission not grant Exergy s primary motion, in the alternative Exergy
respectfully requests this Commission issue its order:
Requiring Idaho Power to charge the interconnection deposit fees it had posted on its
web site as part of its Interconnection Process;
Prohibiting Idaho Power from removing Exergy s projects that are the subject ofthe
current complaint from its interconnection queue; and
MOTION TO COMPEL
Requiring Idaho Power to provide a detailed explanation and accounting of how it has
spent all deposited monies.
DATED this ay of September 2007.
Richardson & 0' Leary, LLP
By
Peter J. Richardson
Industrial Customers of Idaho Power
MOTION TO COMPEL
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the \Z.f\--.ctay of September, 2007, a true and correct copy
of the within and foregoing MOTION TO COMPEL, was served by personal service to:
Barton Kline
Monica Moen
Idaho Power Company
PO Box 70
Boise, Idaho 83707-0070
Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
472 West Washington
Boise, Idaho 83702
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Nina Curtis
Administrative Assistant
MOTION TO COMPEL