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Home My WebLink About20090821Motion to Compel.pdfRECEiVED JU~r~~lJ~~"Y "~i06q AUG 2 \ PM 2: 35 Tel: 20:_:::_r79:1iC:a::r:0:~9:8_7904 UT,(~~tli1J~NSSiON pete r(1 rich ardso nan dol cary. co m P.O. Box 7218 Boise, 10 83707 - SIS N. 27rh Sr. Boise, ID 83702 21 August Ms. Jean Jewell Commission Secretary Idaho Public Utilities Commission 472 W. Washington Boise, 10 83702 RE: IPC-E-09-03 Dear Ms. Jewell: We are enclosing an original and seven (7) copies of the MOTION TO COMPEL OF THE INDUSTRIAL CUSTOMERS OF IDAHO POWER in the above case. An additional copy is enclosed for you to stamp for our records. Sincerely,~ÛAm Richardson & O'Leary PLLC enc!. RECE n... Peter J. Richardson ISB # 3195 RICHARDSON & O'LEARY PLLC 515 N. 27th Street Boise, Idaho 83702 Telephone: (208) 938-7901 Fax: (208) 938-7904 peter~richardsonandoleary .com 2009 AUG 21 PH 2: 35 Attorneys for the Industrial Customers of Idaho Power BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF IDAHO POWER COMPANY FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR THE LANGLEY GULCH POWER PLANT ) CASE NO. IPC-E-09-03 ) ) MOTION TO COMPEL ) ) ) On August 6,2009, the Industrial Customers of Idaho Power ("ICIP") served discovery on Idaho Power that were related to the updated economic forecast the Company promised to file with the Commission in August prior to the Commission's deliberations in this docket. Idaho Power objected for two reasons: First; Idaho Power argued that the ICIP's discovery is untimely. That objection is misplaced because the facts upon which the discovery is premised were not known, or knowable, until an Idaho Power witness volunteered on the stad at hearing that the Company would fie an updated economic forecast. The ICIP asked for information to assist it, and the other paries, in fully understanding the basis for the expected updated economic forecast. Therefore, the discovery is timely in light of the fact that Idaho Power had notified the Commission at the hearing of its intent to fie additional information (evidence) after the hearngs process had concluded. Furhermore, the Commission's Staff filed post hearing discovery to which the 1 -MOTION TO COMPEL OF INUSTRIAL CUSTOMERS OF IDAHO POWER - IPC-E-09-03 Company did not object, thereby establishing a precedent for other paries to do the same. Failure to permit the ICIP's discovery to stand would be prejudicial to the interests of the ICIP in this process specifically, and in fact would undermine the process generally. The ICIP would be hared specifically because it is a full par to this matter, and the substative interests of the ICIP members canot be adequately represented without the information requested. The process generally is hared because failure to allow discovery when discovery is so manifestly waranted, as the Commission itself made clear during the July hearngs, guarantees that the Commission and paries will not have the best available evidence before it when the Commission must make a decision on this case of first impression. Idaho Power's second objection is based on its argument that it no longer intends to update its economic forecasts to aid the Commission in its deliberations in this docket. This revelation is directly contrar to what the company promised the Commission. For example, Mr. Gale testified as follows relating to the company's intention with regard to updating its economic forecasts: The tension is the timing of information that can preclude that from happening. One of the key pieces of information as I detect the Commissioner questions is what's this August load forecast going to show and what is the resource balance resulting from it, and I would represent to you if it's the Commission's desire that we would provide that to you during the process of your deliberations, to the other paries as well, so it would be at least one additional piece of information when you're tring to make a decision on 2012 or not and I that that's the implication it has. Tr. 1208 Anticipating that this new load information provided durng August would be veted and debated and debated and so forth, I understand that. The load forecast is an important foundation in our integrated resource plan. The load and resource balance is an importt foundation in our load and resource planing. All we can do in this instace is offer the information. Tr. 1208 2 -MOTION TO COMPEL OF INDUSTRIAL CUSTOMERS OF IDAHO POWER - IPC-E-09-03 Mr. Gale was then asked by Commissioner Smith if the Commission could expect to receive "this load and resource data in August". Tr. 1231. To which Mr. Gale replied, "We have - some of the folks involved in the forecast were involved in the hearing, so we would expedite it." Tr. 1231. Given the above exchange, the ICIP were reasonably expecting to see Idaho Power update its economic forecasts in order for this Commission to have as curent and as complete information as possible while makng its decision on whether to ratebase this large and costly investment. Incredibly, in light of the above, and as the foundation for its objection to the ICIP's request, Idaho Power claims that an updated economic forecast is not needed for the Commission to render a decision in this docket: As can be seen from the foregoing, in the normal course of business, the Company would not file the anual load forecast with the Commission outside of the reguar IRP process and it is not the intention of the Company to deviate from its regular practice this year. The 2009 anual load forecast is not a par of the record in this case, is not needed for the Commission to render its decision in this case, and the Commission should not require the Company to respond to these production requests. Idaho Power Objection at p. 3. It is diffcult to understand how the 2009 anual load forecast is irrelevant to the Commission's deliberations about the futue need for new resources. According to Idaho Power, the 2009 anual forecast will be distributed "in the near future" -- meaning that its constituent pars must be fully or nearly fully assembled. Furhermore, Idaho Power is mislabeling and misunderstanding the ICIP's request. Mr. Gale promised Commissioner Smith to provide the "August load forecast" that would show the resulting "resource balance". He did not specifically tag the "2009 anual load forecast" nor did the ICIP specifically ask about the "2009 anual load forecast." All the ICIP sought was information about the forecast promised by Mr. Gale, however it tus out to be labeled. Since the company no longer intends to update its forecast, 3 -MOTION TO COMPEL OF INDUSTRIAL CUSTOMERS OF IDAHO POWER - IPC-E-09-03 the urgency in delaying a decision is underscored, especially given the fact that the company is poised to release its 2009 forecast shortly after the Commission's final order is issued. For the foregoing reasons the ICIP respectfully request this Commission issue its order compellng Idaho Power to (a) provide the promised updated forecast and (b) respond to the ICIP's discovery related to that forecast. DATED this 21 st day of August, 2009: RICHARDSON & O'LEARY PLLC BY:tl./~ Peter J. Richardson, ISB #3195 Attorneys THE INDUSTRIAL CUSTOMERS OF IDAHO POWER 4 -MOTION TO COMPEL OF INDUSTRIL CUSTOMERS OF IDAHO POWER - IPC-E-09-03 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 21 st day of August, 2009, a true and correct copy of the within and foregoing MOTION TO COMPEL BY THE INDUSTRIAL CUSTOMERS OF IDAHO POWER was served by electronic mail and hand delivery to: Ms. Jean Jewell (C) Commission Secreta Idaho Public Utilties Commission 472 W. Washington (83702) PO Box 83720 Boise, ID 83720-0074 X- Hand Delivery _U.S. Mail, postage pre-paid Facsimile Electronic Mail Lisa Nordstrom (C) Baron L. Kline Idaho Power Company POBox 70 Boise, Idaho 83707-0070 InordstromCfidahopower .com bklineCfidahopower .com X- Hand Delivery _U.S. Mail, postage pre-paid Facsimile Electronic Mail Scott Woodbury (C) Deputy Attorney General Idaho Public Utilities Commission 472 W. Washington Boise ID 83702 Scott. woodburCfpuc.idaho.gov L Hand Delivery _U.S. Mail, postage pre-paid Facsimile Electronic Mail Dean J. Miler (C) McDevitt & Miler LLP 420 W. Banock St (83702) PO Box 2564 Boise ID 83701 joeCfmcdevittmiler .com _ Hand Delivery _U.S. Mail, postage pre-paid Facsimile -X Electronic Mail Wiliam Borders (C) Assistat General Counsel Invenergy Thermal Development LLC One South Wacker Dr., Suite 1900 Chicago, IL 60606 wbordersCfinvenergyllc.com _ Hand Delivery _U.S. Mail, postage pre-paid Facsimile X Electronic Mail Eric L. Olsen Racine, Olson, Nye, Budge & Bailey, Chtd. 201 E. Center PO Box 1391 Pocatello,ID 83204-1391 eloCfracinelaw.net Anthony Yanel 29814 Lake Road Bay Vilage, OH 44140 tonyCfyankel.net Ken Miler Clean Energy Program Director Snake River Allance PO Box 1731 Boise, ID 83701 kmilerCfsnakeriverallance.org Betsy Bridge Idaho Conservation League 710 North Sixth Street (83702) POBox 844 Boise, ID 83701 bbridgeCfwildidaho.org Susan K. Ackerman NIPPC 9883 NW Nottage Dr. Portland OR 97229 Susan.k.ackermanCfcomcast.net Don Reading 6070 Hil Rd Boise ID 83703 dreadingCfmindspring.com Electronic Copies Only: Robert Kah rkahCfnippc.org ~ÚM~ Nina Curtis 2 _ Hand Delivery _U.S. Mail, postage pre-paid Facsimile lL Electronic Mail _ Hand Delivery _U.S. Mail, postage pre-paid Facsimile lL Electronic Mail _ Hand Delivery iU.S. Mail, postage pre-paid Facsimile Electronic Mail _ Hand Delivery _U.S. Mail, postage pre-paid Facsimile lL Electronic Mail _ Hand Delivery iU.S. Mail, postage pre-paid Facsimile Electronic Mail _ Hand Delivery iU.S. Mail, postage pre-paid Facsimile Electronic Mail _ Hand Delivery _U.S. Mail, postage pre-paid Facsimile X Electronic Mail