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Home My WebLink About20090325Petition to Intervene.pdfMcDevitt & Miller LLP Lawyers F: r~,._~ l (208) 343-7500 (208) 336-6912 (Fax) HECE 420 W. Bannock Street P.O. Box 2564-831l9 MAR 2S Boise, Idaho 83702 PM 3~ 5'Chas. F. McDevitt Dean J. (Joe) Miler March 25, 2009 Vìa Hand Delivery Jean Jewell, Secreta Idaho Public Utities Commssion 472 W. Washigton St. Boise, Idaho 83720 Re: Invenergy Thermal Development LLC Case No. IPC-E-09-03 Dear Ms. Jewell: Enclosed for fig in the above matter, please fid the orial and seven copies of a Petition to Intervene of Invenergy Thermal Development LLC. Kidly retu a fie staped copy to me. Very Truy Yours, McDevitt & Mier LLP ~.ULDean J. Mier DJM/hh Enclosures ORIGINAL Dean J. Miler (ISB No. 1968) McDEVITT & MILLER LLP 420 West Banock Street P.O. BOX 2564-83701 Boise, Idaho 83702 Tel: 208-343-7500 Fax: 208-336-6912 joe(Qmcdevitt-miler.com C 1U09 MAR 25 PM 3: 5' Attorney for Invenergy Thermal Development LLC BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF IDAHO POWER COMPANY'S APPLICATION FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR THE LANGLEY GULCH POWER PLANT. CASE NO. IPC-E-09-03 PETITION TO INTERVENE OF INVENERGY THERML DEVELOPMENT LLC COMES NOW Invenergy Thermal Development LLC (Invenergy) and, pursuat to RP 71-75, Petitions to Intervene in the above matter and in support thereof respectfuly shows as follows, to wit: i. Invenergy is a limited liabilty company organzed and existing under the laws of the state of Delaware and having its principle place of business at Chicago, Ilinois. II. Invenergy is a leading clean energy company focused on the development, ownership, operation and mangement of large-scale electrcity generation assets in the Nort American and European markets. The Company serves a wide range of utilties, load serving entities, energy merchants and industral customers. Invenergy's electrc PETITION TO INTERVENE OF INVENERGY THERMAL DEVELOPMENT LLC-1 generation assets primarly include large scale wind energy and clean natural gas fueled electrc generating facilties. Invenergy has approximately 4,000 MW of electric generation under constrction or in operation. III. Invenergy will be represented in ths proceeding by, and all pleadings, papers, notices, orders and discovery documents should be served upon: Dean J. Miler McDEVITT & MILLER LLP P.O. BOX 2564-83701 Boise, Idaho 83702 Phone: (208)-343-7500 Fax: (208)-336-6912 joermmcdevitt-miler .com And Wiliam Borders Assistant General Counsel Invenergy Thermal Development LLC One South Wacker Drive, Suite 1900 Chicago, IL 60606 Phone: 312-582-1460 wbordersrminvenergyllc.com ww.Invenergyllc.com IV. Invenergy submitted a proposal for the constrction of the Langley Gulch generation project in response to the Request for Proposals (RFP) described in the Direct Testimony of Idaho Power Company Witness Karl Bokenkamp. V. Invenergy has reason to believe that the RFP process was not conducted in a competitive, fair and objective maner but was conducted in a maner that gave preference to Idao Power Company's Benchmark Resource. Invenergy fuer has PETITION TO INTERVENE OF INNERGY THERMAL DEVELOPMENT LLC-2 reason to believe that the proposal submitted by Invenergy was one of the two non-utility proposals selected for the final stage 3 screening, as described in the Direct Testimony of Karl Bokenkamp. If permitted to intervene, Invenergy intends to conduct discovery relating to the fairness of the RFP process and depending on the results thereof, fie direct testimony and paricipate in hearngs. VI. Based on the foregoing, Invenergy has a direct and substantial interest in this proceeding, which interest is not adequately represented by other paries. VII. Invenergy's paricipation in this proceeding will not unduly broaden the issues in the proceeding or cause undue delay. WHEREFORE, Invenergy respectfuly requests that ths Petition be granted and that Invenergy be granted full rights as a pary including paricipating in discovery, fiing testimony, appearing at hearngs and cross examination of witnesses. DATED this -LÁ-- day of March, 2009. INVENERGY THERML DEVELOPMENT LLC BY~~W~ - ean J. iIkr \: Attorney for Invenergy Thermal Development LLC. PETITION TO INTERVENE OF INVNERGY THERMAL DEVELOPMENT LLC-3 . CERTIFICATE OF SERVICE I hereby certify that on the c9t:/~y of March, 2009, I caused to be served, via the method(s) indicated below, tre and correct copies of the foregoing document, upon: Jean Jewell, Secreta Idaho Public Utilties Commission 472 West Washington Street P.O. Box 83720 Boise,ID 83720-0074 j j ewell (ipuc. state.id. us Hand Delivered U.S. Mail Fax Fed. Express Email Bar Kline, Esq. Idaho Power P.O. Box 70 Boise, ID 83702 bklinermidahopower.com Hand Delivered U.S. Mail Fax Fed. Express Email ~'- ~'- ~'- ~'- ~'-)(~'- ~ Peter J. Richardson Hand Delivered ~'- Richardson & O'Lear U.S. Mail ~ 515 N. 17th Street Fax ~'- P.O. Box 7218 Fed. Express ~'- Boise, ID 83702 Email )(peterrmrichardsonandoleary.com Dr. Don Reading Hand Delivered ~'- 6070 Hil Road U.S. Mail )L Boise, ID 83703 Fax ~'- dreadingrmmindspring.com Fed. Express ~'- Email K n: ' PETITION TO INTERVENE OF INVNERGY THERMAL DEVELOPMENT LLC-4