20110421Answer to Motions for Oral Argument.pdf

KRSTINE A. SASSER
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
TEL: [phone]
IDAHO BAR NO. 6618
STREET MAILING ADDRESS:
472 WEST WASHINGTON STREET
BOISE, IDAHO 83702-5918
Attorney for the Commission Staff
RECEIVED
1011 APR 21 M1 8: 00
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
IDAHO POWER COMPANY FOR A
DETERMINATION REGARDING A FIRM
ENERGY SALES AGREEMENT BETWEEN
IDAHO POWER AND GROUSE CREEK WIND
PARK,LLC
IN THE MATTER OF THE APPLICATION OF
IDAHO POWER COMPANY FOR A
DETERMINATION REGARDING A FIRM
ENERGY SALES AGREEMENT BETWEEN
IDAHO POWER AND GROUSE CREEK WIND
PARKII,LLC
)
) CASE NO. IPC-E-IO-61
)
)
)
)
)
)
) CASE NO. IPC-E-IO-62
)
)
) ANSWER OF COMMISSION
) STAFF TO MOTIONS FOR
) ORAL ARGUMENT FILED BY
) GROUSE CREEK WIND PARK,
) LLC AND GROUSE CREEK
) WIND PARK II, LLC
COMES NOW Commission Staff (Staff), pursuant to Commission Rule of Procedure
57, and hereby answers the Motions to Set Time for Oral Argument filed on April 7, 2011, by
Grouse Creek Wind Park, LLC and Grouse Creek Wind Park II, LLC (the Projects).
On December 29, 2010, Idaho Power Company fied Applications requesting
acceptance or rejection of two 20-year Firm Energy Sales Agreements (Agreements) between
ANSWER OF COMMISSION STAFF TO
MOTIONS FOR ORAL ARGUMENT
FILED BY GROUSE CREEK WIND PARK, LLC AND
GROUSE CREEK WIND PARK II, LLC 1
Idaho Power and Grouse Creek Wind Park, LLC and Grouse Creek Wind Park II, LLC. On
Februar 24, 2011, the Commission issued a combined Notice of Applications and Notice of
Modified Procedure setting a comment deadline of March 24, 20 iI, and a reply comment
deadline of March 31, 2011. Order No. 32191. The Projects fied comments on March 24,2011,
urging the Commission to approve the Agreements. On the same day, the Projects also fied
Petitions to Intervene. i On March 31, 201 i, Idaho Power filed reply comments outlining the
Company's processes for responding to requests, negotiating, and executing power purchase
agreements.
On April 7, 2011, the Projects each fied a Motion to Set Time for Oral Argument. In
support of its Motion, the Projects contend that Idaho Power's reply comments contain
"statements of fact that are materially inconsistent with evidence in the record." Motion at 3.
The Motion goes on to state, in some detail, each element of Idaho Power's reply comments that
the Projects find materially inconsistent. The Projects maintain that, "(b )ecause the records in
these cases are lengthy and Idaho Power appears to interpret the evidence different(ly) than the
Grouse Creek QFs, the Grouse Creek QFs submit that it would (be) beneficial for the
Commission to hold oral argument in these cases." ¡d. at 5. The Projects contend that, because
the relevant facts for each case are substantially similar, a single oral argument could be
scheduled to address both cases. ¡d. at 2.
The Projects represent that they consulted with Commission Staff prior to filing their
Motions and "Commission Staff expressed no support or opposition" to a request for oral
argument. ¡d. at 2. Unfortunately, the Projects did not have express or implied permission to
represent Staff s position on this matter. In fact, Staff opposes the Motion for Oral Argument.
As stated by the Projects in their Motion, the records are lengthy in these cases. All parties have
had an opportunity to file initial and reply comments. Any concern that the Projects had about
Idaho Power's misrepresentations on reply were adequately addressed in the clearly enunciated
exceptions set forth by the Projects in their Motions for Oral Argument. Staff sees no need for
additional, redundant process.
i On April 13, 2011, the Commission issued an Order denying the Projects' Petitions to Intervene. Order No.
32222. The Commission recognized that, as counterparties to the Firm Energy Sales Agreements with Idaho Power,
each Project is an actual part with a direct interest in the Agreements submitted to the Commission. As such,
Petitions to Intervene were unnecessary to obtain part status in the case before the Commission. ¡d. at 1.
ANSWER OF COMMISSION STAFF TO
MOTIONS FOR ORAL ARGUMENT
FILED BY GROUSE CREEK WIND PARK, LLC AND
GROUSE CREEK WIND PARK II, LLC 2
In a recent Commission Order, issued March 28,2011, the Commission cited a Ninth
Circuit decision stating that the Commission "in its discretion may deny an oral hearing even
where material facts are disputed so long as the disputes may be adequately resolved by the
written submissions." Order No. 32212 citing Amador Stage Lines, Inc. v. United States and
Interstate Commerce Comm., 685 F.2d 333, 335 (9th Cir. 1982). The Projects do not argue that
their dispute canot be adequately resolved with written submissions. Indeed, the Projects go to
great lengths to layout each element of disagreement with Idaho Power within the Projects'
Motions for Oral Argument. Furhermore, the Commission is not obligated to schedule oral
argument simply because a party requests it. The Commission, in its discretion, "may decide the
matter and issue its order on the basis of the written positions before it." Rule 204, IDAPA
31.01.01.204.
Wherefore, Commission Staff respectfully urges the Commission to deny the Motions
for Oral Argument filed by Grouse Creek Wind Park and Grouse Creek Wind Park II.
Respectfully submitted this ;il~. day of April 2011.
ii~~tI. ~.lA,"Se Ä. Sasser
Deputy Attorney General
for Commission Staff
N:IPC-E-IO-61_IPC-E-IO-62_ks_Staff Answer to Motions
ANSWER OF COMMISSION STAFF TO
MOTIONS FOR ORAL ARGUMENT
FILED BY GROUSE CREEK WIND PARK, LLC AND
GROUSE CREEK WIND PARK II, LLC 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 21st DAY OF APRIL 2011,
SERVED THE FOREGOING ANSWER OF COMMISSION STAFF TO MOTIONS FOR
ORAL ARGUMENT, IN CASE NOS. IPC-E-I0-61_IPC-E-1O-62, BY MAILING A
COPY THEREOF, POSTAGE PREPAID, TO THE FOLLOWING:
DONOV AN E WALKER
LISA D NORDSTROM
IDAHO POWER COMPANY
PO BOX 70
BOISE ID 83707-0070
E-MAIL: dwalker(gidahopower.com
lnordstrom(gidahopower. com
BRETT WOODARD
WASATCH WIND INTERMOUNTAIN
STE 210
2700 HOMESTEAD RD
PARK CITY UT 84098
RANDY C ALLPHIN
ENERGY CONTRACT ADMIN
IDAHO POWER COMPANY
PO BOX 70
BOISE ID 83707-0070
E-MAIL: rallphin(gidahopower.com
PETER 1. RICHARDSON
GREGORY M. ADAMS
RICHARDSON & O'LEARY PLLC
515 N. 27TH STREET
BOISE ID 83702
E-MAIL: peter(grichardsonandolear.com
greg(grichardsonando leary. com
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SECRETARY
CERTIFICATE OF SERVICE