20111220First Amendment to Complaint.pdf

Peter J. Richardson (ISB # 3195)
Gregory M. Adams (ISB # 7454)
Richardson & O'Lear, PLLC
515 N. 27th Street
P.O. Box 7218
Boise, Idaho 83702
Telephone: [phone].
Fax: [phone]
peter(inchardsonandolear.com
greg(inchardsonandoleary.com
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2311 DEC 20 AM 8: 59
I D /;t t~~l ()
UTILlT!ES
Attorneys for Complainant
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
Grd View PV Solar Two, LLC,
Complainant,)
) Case No. IPC-E-II-15
)
) FIRST AMENDMENT TO
) FORM COMPLAINT BY GRAD
) VIEW PV SOLAR TWO
)
)
vs.
IDAHO POWER COMPANY,
Defendant.
1 BACKGROUN
2 Ths is a first amendment to that formal complaint filed by Grand View PV Solar Two,
3 LLC ("Grand View Two") with the Idaho Public Utilties Commssion (the "Commission") on
4 August 2, 2011. Grand View Two, requested that Idaho Power Company ("Idaho Power")
5 execute a stadard Public Utilty Reguatory Policies Act of 1978 ("PURP A") power purchase
6 agreement ("PPA") for qualifyng facilties ("QFs") using the 'IRP' methodology for Graid
7 View PV Solar Two, LLC's renewable energy QF.
8 In its Prayer for Relief, Complaint Grand View Two asked the Commission to: (1)
9 declare that "Idaho Power is in violation ofPURA, FERC's implementing regulations and ths
10 Commission's orders;" (2) require "Idaho Power to resume inserting language in stadard
Page 1 - FIRST AMNDMENT TO FORM COMPLAIT
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PURPA PPAs to the effect that Idao Power makes no claim to REC ownership;" and (3) grant
"any other relief that the Commission deems necessar."
LEGAL CLAIM
29.1 The Complaint, while focused on REC ownership, was predicated on the PP A
tendered by Idaho Power to Grand View Two on March 10, 2011.
30. That the PPA tendered on March 10 and ready for execution was confed by
Idaho Power's counsel in a July 10,2011, email in which Mr. Donovan Walker stated tht "To
clarfy: the parties will sign the last tendered contract, to which you indicated the project was in
complete agreement with - except for a change in the project name, and the Environmenta
Attbute language."
31. The March 10, 2011 PP A was acceptable in all respects to both Idaho Power and
Grand View Two, except for language addressing environmental attbutes, or RECs.
32. Grand View Two did not execute the tendered contract, but instead filed its
complaint with the Commission seeking an order requing Idaho Power to execute the tendered
contract with languge disclaiming Idaho Power's ownership of RECs.
33. On December 2,2011, Idaho Power submitted to Grand View Two a new "draf
Idaho Power PURP A agreement for your proposed Grdview II."
34. The new draf PUR A agreement contains rate and terms and conditions not in
the onginally tendered contract.
35. The new draft PUR A agreement eliminates seasonality contrar to ths
Commssion's orders.
37. The new draf PURP A agreement contains rates that were not in effect at the time
Grand View committed Idao Power to purchase its QF power and energy
1 Paragrph numberig contiued from Complaint.
Page 2 - FIRST AMENDMENT TO FORML COMPLAIT
1 38.The Complait did not specifically request grandfather nghts to the rates and
2 contract terms of the contract tendered by Idaho Power on March 10,2011, because that contract
3 is what the complaint was predicated upon.
4 39.Idaho Power now intends to renege on its March 10, 2011 offer forcing Grand
5 View Two to lodge ths First Amendment to its onginal complaint.
6 PRAYER FOR RELIEF
7 WHEREFORE, Grand View PV Solar Two respectfully requests that the Commssion
8 issue an Order:
9 4.Requing Idaho Power to execute the March 10, 2011 tendered contract at the
10 rates contained therein as offered by Idaho Power and with the addition of languge disclaiming
11 ownership of the RECs generated by the operation of Grand View Two's solar project.
Respectfuly submitted ths 20th day of December 2010.
6WN AN O'LEAY, PLLC
Peter J. Richardson (ISB No: 3195)
Gregory M. Adams (ISB No. 7454)
Attorneys for Complainant
Page 3 - FIRST AMENDMENT TO FORML COMPLAIT
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 20t day of December, 2011, a tre and correct copy of
the with and foregoing FIRST AMENDMENT TO FORM COMPLAINT BY GRAD
VIEW PV SOLAR TWI was served in the maner shown to:
Ms. Jean Jewell
Commission Secretar
Idaho Public Utilities 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
Donovan Waler
Idaho Power Company
PO Box 70
Boise, Idaho 83707-0070
lnordstrom(iidahopower .com
bkline(iidahopower.com
X- Hand Delivery
_U.S. Mail, postage pre-paid
Facsimile
Electronic Mail
Knss Sasser
Deputy Attorney General
Idaho Public Utilties Commission
472 W. Washington
Boise ID 83702
Scott. woodbur(guc.idaho. gov
L Hand Delivery
_U.S. Mail, postage pre-paid
Facsimile
Electronic Mail
;( ~(/ (u iJfr
Nina Curis
Administrative Assistat