20080118Exergy Reconsideration Petition.pdf

Peter J. Richardson ISB 3195
RICHARDSON & O'LEARY PLLC
515 N. 27th Street
PO Box 7218
Boise, Idaho 83700
Telephone: [phone]
Fax: [phone]
peter~richrdsonandoleary .com
Attorneys for Exergy Development Group of Idaho LLC
RECE
200a JAN 18 PI'1 2: 40
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF IDAHO POWER )
COMPANY'S PETITION TO MODIFY THE )
METHODOLOGY FOR DETERMINING )
FUEL COSTS USED TO ESTABLISH )
PUBLISHED RATES FOR PUPRA )
QUALIFYING FACILITIES )
)
)
)
CASE NO. IPC-E-07-15
EXERGY DEVELOPMENT GROUP
OF IDAHO'S PETITION FOR
RECONSIDERATION
COMES NOW, Exergy Development Group ofIdaho LLC ("Exergy") by and through
its attorney of record, Peter J. Richardson, and pursuant to Rule 331 of the Commission's Rules
of Procedure and respectfully lodges its Petition for Reconsideration of Order No. 30480, the
final order in the above captioned docket.
Exergy noted in its Supplemental Comments fied in this docket that in its curently
pending general rate case, IPC-E-07-08, Idaho Power uses a natural gas forecast for purposes of
setting its retail rates that is different from, and much higher than the natural gas forecast used in
this case for setting its avoided cost rates. Exergy argued that Idaho Power should be required to
use the natural gas forecast from its general rate case for setting its avoided cost rates as well
Exergy Development Group ofIdaho's Petition for Reconsideration IPC-E-07-15
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as for setting its retail rates.
Although in its Order the Commission made a passing reference to Exergy's arguent
regarding the use of inconsistent gas forecasts in the two concurrent dockets involving the same
utility, the Commission never addressed the question of whether and why such inconsistent use
of natural gas forecasts is fair, just and reasonable.
Exergy seeks reconsideration of the Commission's decision in order to establish that such
an inconsistent use of natural gas forecasts is result driven, inherently arbitrar and capricious
and hence contrary to law.
Exergy proposes that reconsideration be conducted through briefs and/or written
comments.
Respectfully submitted this 18th day of Januar 2008.
RICHARDSON & O'LEARY PLLC
BY£~'~Peter J. Rin
Attorneys for Exergy Development Group
of Idaho
Exergy Development Group ofIdaho's Petition for Reconsideration IPC-E-07-15
2
CERTIFICATE OF SERVICE
I hereby certify that on this 18th day of Januar, I served a true and correct copy of the
within and foregoing Petition for Reconsideration in Docket No. IPC-E-07-15 by hand
delivery to:
Bar Kline
Ric Gale
Idaho Power Company
1221 West Idaho Street
Boise, Idaho 83702
I fuher certify that on this 18th day of January, I served a true and correct copy of the
within and foregoing by electronic copy (pdf fie) to:
Intermountain Wind LLC
Dean J. Miler
j oe(fmcdevitt -miller .com
Rocky Mountain Power
Jordan A. White
Brian Dickman
Jordan. white(fpacificorp.com
Brian.dickman(fpacificorp.com
Avista
Kelly Norwood
Kelly.norwood(favistacorp.com
INL
Gary Seifert
Kur Myers
Gary. seifert(finl.gov
Kurt.myers(finl.gov