20090608ICIP Petition for Clarification.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~richardsonandolear .com
Attorneys for the Industrial Customers of Idaho Power
RECEIVED
2M JUH -8 PHS; 35
IDAHO PUBliC
UTILITIES COMMISSION
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE!APPLICATION OF)
IDAHO POWER FOR AN ORDER )
AUTHORIZING THE RETIREMENT OF ITS )
GREEN TAGS )
)
)
)
)
)
CASE NO. IPC-E-08-24
PETITION FOR CLARIFICATION BY
THE INDUSTRIAL CUSTOMERS OF
IDAHO POWER
COMES NOW, the Industrial Customers ofIdaho Power ("ICIP") by and through its
attorney of record, Peter J. Richardson, and pursuant to Rule 53(2) of this Commission's Riles
of Procedure and hereby lodges its Petition for Clarification.
The Commission's order on reconsideration in this docket requires Idaho Power to
"formilate a prudent business plan outlining how it plans to manage Green Tags generated in
2009 and later. Ths plan should be submitted to the Commission no later than December 31,
2009." The Commission's finding relative to Green Tags that are vintage-2007 and vintage-
2008 was that their best use is to be sold by the Company with the proceeds benefiting the
ratepayers. The Commission mayor may not find that the best use of vintage-2009 Green Tags
Petition for Clarification of the Industrial Customers ofIdaho Power IPC-E-08-24
1
is to likewise sell them and retur the fuds to the ratepayers. If it adheres to precedent set in
this docket that obviously the likely outcome, however.
The ICIP seeks clarification in this docket because as Green Tags age, they rapidly
become less valuable. For instance, vintage-2007 Green Tags are worth much less than vintage-
2008 Green Tags. With that logic in mind, it does not seem prudent to allow the Company until
2010 to decide what to do with its 2009 Green Tags. Allowing until the end ofthe year to decide
what to do with vintage-2009 Green Tags will foreclose the option of maximizing their value for
ratepayer benefit. Absent a requirement to immediately submit a Green Tag management plan,
and in the event the principle goal of the Green Tag management plan ultimately approved by the
Commission is to maximize retu to the ratepayers, then the ICIP seeks clarfication as to
whether or not the diminished value of 2009 Green Tags that are sold in 2010 will be a
shareholder liability.
Therefore the ICIP respectfully request this Commission to clarify its intent with respect
to maximizing ratepayer value for Green Tags going forward.
Respectfully submitted this 8th day of June, 2009.
RICHARSON & O'LEARY PLLC
~~~
Attorneys for the Industrial Customers of
Idaho Power
Petition for Clarification of the Industrial Customers ofIdaho Power IPC-E-08-24
2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 8th day of June, 2009, a true and correct copy of the
within and foregoing PETITION FOR CLARIFICATION OF THE INDUSTRIAL CUSTOMERS
OF IDAHO POWER, was served in the maner shown to:
Ms. Jean Jewell
Commssion Secreta
Idaho Public Utilties Commssion
POBox 83720
Boise, ID 83720-0074
X Hand Delivery
_ U.S. Mail, postage pre-paid
Facsimile
Electronic Mail
Lisa Nordstrom
Barton L. Kline
Idaho Power Company
POBox 70
Boise, Idaho 83707-0070
lnordstrom(fidahopower .com
bkline(fidahopower.com
2L Hand Delivery
_U.S. Mail, postage pre-paid
Facsimile
Electronic Mail
Mark Stokes
Karl Bokenkamp
Idaho Power Company
PO Box 70
Boise, Idaho 83707-0070
mstokes(fidahopower.com
kbokenkamp(fidahopower.com
L Hand Delivery
_U.S. Mail, postage pre-paid
Facsimile
Electronic Mail
~)
Nina Curtis
Administrative Assistant