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Home My WebLink About20110823Motion in Opposition.pdfDONOVAN E. WALKER Lead Counsel dwalkertâidahopower.com esIDA~POR~ An IDACORP Company August 22, 2011 VIA HAND DELIVERY Jean D. Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street Boise, Idaho 83702 Re: Case No. IPC-E-11-10 IN THE MATTER OF THE APPLICATION OF IDAHO POWER COMPANY FOR A DETERMINATION REGARDING THE FIRM ENERGY SALES AGREEMENT WITH INTERCONNECT SOLAR DEVELOPMENT, LLC, FOR THE SALE AND PURCHASE OF ELECTRIC ENERGY Dear Ms. Jewell: Enclosed for filng please find an original and seven (7) copies of Idaho Power Company's Motion in Opposition to Grand View PV Solar Two's Petition to Intervene in the above matter. rd/~ Donovan E. Walker DEW:csb Enclosures 1221 W. Idaho St. (83702) P.O. Box 70 Boise, ID 83707 DONOVAN E. WALKER (ISB No. 5921) JASON B. WILLIAMS Idaho Power Company 1221 West Idaho Street (83702) P.O. Box 70 Boise, Idaho 83707 Telephone: (208) 388-5317 Facsimile: (208) 388-6936 dwalkerCãidahopower.com jwilliamsCãidahopower.com RECE F:() 2lH I tlUG 22 P~1 4: 42 Attorneys for Idaho Power Company BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION ) OF IDAHO POWER COMPANY FOR A ) DETERMINATION REGARDING THE ) FIRM ENERGY SALES AGREEMENT ) WITH INTERCONNECT SOLAR ) DEVELOPMENT, LLC, FOR THE SALE ) AND PURCHASE OF ELECTRIC )ENERGY. ) ) CASE NO. IPC-E-11-10 IDAHO POWER COMPANY'S MOTION IN OPPOSITION TO GRAND VIEW PV SOLAR TWO'S PETITION TO INTERVENE Idaho Power Company ("Idaho Powet' or "Company"), pursuant to RP 75, hereby moves the Idaho Public Utilties Commission ("Commission") to issue an Order denying the Petition to Intervene filed by Grand View PV Solar Two, LLC ("Grand View Solat') in this proceeding. In support of this Motion, Idaho Power states as follows: 1. On August 15, 2011, Grand View Solar filed a Petition to Intervene in Case No. IPC-E-11-10, as well as its First Production Requests to Idaho Power in that docket. Idaho Power hereby objects to the intervention of Grand View Solar in the present case, which asks for a Commission determination either approving or rejecting Interconnect Solar Development, LLC's ("Interconnect Solat') contract with Idaho IDAHO POWER COMPANY'S MOTION IN OPPOSITION TO GRAND VIEW PV SOLAR TWO'S PETITION TO INTERVENE - 1 Power. This objection is filed pursuant to Rule 75, which states, "Any party opposing a petition to intervene must do so by motion in opposition filed within seven (7) days after receipt of the petition to intervene. . . ." 2. Grand View Solats Petition should be denied because: (1) Grand View Solar has at least three other opportunities before this Commission with which to address its own issues; (2) Grand View Solats involvement with this case wil cause additional and costly delay, as well as unnecessary confusion of the issues; and (3) much of the information in this matter is confidential and proprietary, and it may be inappropriate for one of Interconnect Solar's competitors to gain access to such information. 3. As stated in its Petition to Intervene, Grand View Solar has its own draft power sales contract with Idaho Power. Grand View Solar has filed a Complaint (Case No. IPC-E-11-15) regarding the provision in that contract concerning the environmental attributes of the project. Grand View Solar has that forum available to it to address issues it may have with its own contract. Additionally, once a contract is executed between Grand View Solar and Idaho Power, Grand View Solar wil have its own case before this Commission for a determination as to acceptance or rejection of said contract. Grand View Solar has a full and complete opportunity, within its own cases, to address any issues it deems relevant, and thus it is not necessary for it to do so in Interconnect Solats case. Third, Grand View Solar has been a party to and is aware of the General Investigation docket that is proceeding before this Commission to address various issues regarding the Public Utilty Regulatory Policies Act of 1978 and avoided cost related issues. In fact, the present phase of the Commission's investigation is designated for analyzing and exploring the Integrated Resource Plan and Surrogate IDAHO POWER COMPANY'S MOTION IN OPPOSITION TO GRAND VIEW PV SOLAR TWO'S PETITION TO INTERVENE - 2 Avoidable Resource based avoided cost pricing methodologies, as well as other avoided cost issues. Consequently, Grand View Solar is not without means - other than intervening into a competitots contract review case - with which to address the issues it feels are relevant to its own contract with Idaho Power, and it is not necessary for it to intervene in Interconnect Solar's case in order to be heard. 4. Grand View Solar's involvement wil cause unnecessary delay to the process and confusion of the issues. Interconnect Solar has all ready stated that the additional time that Staff has requested to investigate its contract and the related issues has put its project in jeopardy of surviving. Idaho Power is expediting its responses to Staffs discovery requests and working with both Staff and Interconnect Solar to expedite the review and processing of the case. Grand View Solar, in addition to filng its Petition to Intervene, all ready filed a set of discovery requests. This alone, without even considering the substance of its production requests, introduces additional time and delay to the proceedings. Additionally, there are legitimate issues regarding the substance of Grand View Solats requests and the appropriateness of Grand View Solar's access to the requested information. All of which introduce additional delay and issues into Interconnect Solats case. REQUEST FOR RELIEF WHEREFORE, Idaho Power respectfully requests that the Commission issue an Order denying Grand View Solats Petition to Intervene in this matter. Respectfully submitted at Boise, Idaho, this 22nd day of August 2011. c£tdDONOVAN E. WALKER Attorney for Idaho Power Company IDAHO POWER COMPANY'S MOTION IN OPPOSITION TO GRAND VIEW PV SOLAR TWO'S PETITION TO INTERVENE - 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 22nd day of August 2011 I served a true and correct copy of IDAHO POWER COMPANY'S MOTION IN OPPOSITION TO GRAND VIEW PV SOLAR TWO'S PETITION TO INTERVENE upon the following named parties by the method indicated below, and addressed to the following: Commission Staff Kristine Sasser Deputy Attorney General Idaho Public Utilities Commission 472 West Washington P.O. Box 83720 Boise, Idaho 83720-0074 -2 Hand Delivered U.S. Mail _ Overnight Mail FAX -2 Email Kris.SasserCãpuc.idaho.gov Interconnect Solar Development LLC Randy Hemmer, Manager Interconnect Solar Development LLC 3777 Twilight Drive Boise, Idaho 83703 Hand Delivered -- U.S. Mail _ Overnight Mail FAX -- Email randyhemmerCãclearwire.net Ronald L. Willams WILLIAMS BRADBURY, P.C. 1015 West Hays Street Boise, Idaho 83702 Hand Delivered -- U.S. Mail _ Overnight Mail FAX -- Email ron((williamsbradbury.com Dr. Don Reading Ben Johnson Associates, Inc. 6070 Hil Road Boise, Idaho 83703 Hand Delivered -- U.S. Mail _ Overnight Mail FAX -- Email dreading((mindspring.com Grand View PV Solar Two, LLC Peter J. Richardson Gregory M. Adams RICHARDSON & O'LEARY, PLLC 515 North 2ih Street (83702) P.O. Box 7218 Boise, Idaho 83707 Hand Delivered -- U.S. Mail _ Overnight Mail FAX -- Email peter((richardsonandoleary.com greg((richardsonandoleary. com IDAHO POWER COMPANY'S MOTION IN OPPOSITION TO GRAND VIEW PV SOLAR TWO'S PETITION TO INTERVENE - 4