20110818notice_of_petition_order_no_32332.pdf

Office of the Secretary
Service Date
August 18,2011
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE PETITION OF )CASE NO.IPC-E-1l-14
IDAHO POWER COMPANY FOR A )
DECLARATORY ORDER REGARDING )NOTICE OF PETITION FOR
PURPA JURISDICTION.)DECLARATORY ORDER
)
)NOTICE OF
)COMMENT DEADLINE
)
_________________________________
)ORDER NO.32332
On July 8,2011,Idaho Power Company filed a Petition for Declaratory Order
pursuant to Rule 101,IPUC Rules of Procedure.Idaho Power requests that the Commission
issue an Order determining that the Commission will exercise jurisdiction over the proposed
Public Utility Regulatory Policies Act of 1978 (PURPA)qualifying facility (QF)transactions
proposed by Western Desert Energy 1,LLC (Western Desert)and Tumbleweed Energy II,LLC
(Tumbleweed).Specifically,Idaho Power asks the Commission to find that a QF located in
Idaho Power’s service territory in the State of Idaho,interconnecting with Idaho Power’s system
in the State of Idaho,must contract with Idaho Power pursuant to the Idaho Commission’s
PURPA rules,rates and regulations.
On July 29,2011,Western Desert and Tumbleweed (the Projects)filed a “collective”
Answer and Motion to Dismiss.The Projects argue that Idaho Power’s Petition is fatally flawed
because it fails to cite any Order,law or rule upon which it is based.The Projects further
maintain that the Commission is prohibited by federal law from regulating QFs and,therefore,
does not have authority to restrict its access to markets.The Projects state that granting the
Petition would violate the Commerce Clause of the United States Constitution by restricting QFs
from access to markets outside of Idaho’s borders.The Projects ask that the Commission
dismiss Idaho Power’s Petition with prejudice.
NOTICE OF COMMENT DEADLINE
YOU ARE HEREBY NOTIFIED that this Notice is issued pursuant to Rule 102 of
the Commission’s Rules of Procedure requiring that notice of petitions for declaratory rulings be
issued to all affected utilities.
NOTICE OF PETITION
NOTICE OF COMMENT DEADLINE
ORDER NO.32332 1
YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this
Petition may file a written comment in support or in opposition with the Commission no later
than twenty-one (21)days from the service date of this Order.The comment must contain a
statement of reasons supporting the comment.Persons desiring a hearing must specifically
request a hearing in their written comments.Written comments concerning this Petition may be
mailed to the Commission and the parties at the addresses reflected below:
Commission Secretary Donovan E.Walker
Idaho Public Utilities Commission Jason B.Williams
P0 Box 83720 Idaho Power Company
Boise,ID 83 720-0074 P0 Box 70
Boise,ID 83707-0070
Street Address for Express Mail:E-mail:dwalker:’idahopower.corn
iwilliamsidahopower.com
472 W.Washington Street
Boise,ID 83702-5918 Peter J.Richardson
Gregory M.Adams
Richardson &O’Leary,PLLC
515 N.27th Street
Boise,ID 83702
E-mail:peterrichardsonandoleary.com
gregIrichardsonandoleary.com
These comments should contain the case caption and case number shown on the first page of this
document.Persons desiring to submit comments via e-mail may do so by accessing the
Commission’s home page located at www.puc.idaho.gov.Click the “Comments and Questions”
icon,and complete the comment form,using the case number as it appears on the front of this
document.These comments must also be sent to parties at the e-mail addresses listed above.
YOU ARE FURTHER NOTIFIED that after the comment deadline has passed,the
Commission will issue an Order regarding Idaho Power’s Petition.
YOU ARE FURTHER NOTIFIED that the Petition has been filed with the
Commission and is available for public inspection during regular business hours at the
Commission offices or on the Commission’s website at www.puc.idaho.gov by clicking on “File
Room”and then “Electric Cases.”
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission’s jurisdiction under Title 61 of the Idaho Code and the Public Utility
NOTICE OF PETITION
NOTICE OF COMMENT DEADLINE
ORDER NO.32332 2
Regulatory Policies Act of 1978 (PURPA).The Commission has authority under PURPA and
the implementing regulations of the Federal Energy Regulatory Commission (FERC)to set
avoided costs,to order electric utilities to enter into fixed-term obligations for the purchase of
energy from qualified facilities and to implement FERC rules.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commission’s Rules of Procedure,IDAPA 31.01.01.000,et seq.
ORDER
IT IS HEREBY ORDERED that any persons interested in submitting written
comments regarding Idaho Power’s Petition for Declaratory Order must do so no later than
twenty-one (21)days from the service date of this Order.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of August2011.
MACK A.RlbRD,
MARSHA H.SMITH,COMMISSIONER
ATTEST:
/1 f71
t
Jean D.Jewell
Commission Secretary
NOTICE OF PETITION
NOTICE OF COMMENT DEADLINE
ORDER NO.32332 3