20111021Petition for Clarification.pdf

DONOVAN E. WALKER
Lead Counsel
dwalkerCâidahopower.com
HIDA~POR~
An IDACORP Company
October 20, 2011
VIA HAND DELIVERY
Jean D. Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83702
Re: Case No. IPC-E-11-16
IN THE MATTER OF THE APPLICATION OF IDAHO POWER COMPANY
FOR APPROVAL OF ITS ENERGY EFFICIENCY INCENTIVE
AGREEMENT WITH THE IDAHO OFFICE OF ENERGY RESOURCES
Dear Ms. Jewell:
Enclosed for filing are an original and seven (7) copies of Idaho Power
Company's Petition for Clarification and/or Reconsideration of Order No. 32368 in the
above matter.
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Donovan E. Walker
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Enclosures
1221 W. Idaho St. (83702)
P.o. Box 70
Boise, ID 83707
DONOVAN E. WALKER (ISB No. 5921)
JASON B. WILLIAMS (ISB No. 8718)
Idaho Power Company
1221 West Idaho Street (83702)
P.O. Box 70
Boise, Idaho 83707
Telephone: [phone]
Facsimile: [phone]
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LOll OCT 20 PM~: 36
Attorneys for Idaho Power Company
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF IDAHO POWER COMPANY FOR )APPROVAL OF ITS ENERGY )
EFFICIENCY INCENTIVE AGREEMENT )
WITH THE IDAHO OFFICE OF ENERGY )RESOURCES. )
)
)
CASE NO. IPC-E-11-16
IDAHO POWER COMPANY'S
PETITION FOR CLARIFICATION
AND/OR RECONSIDERATION OF
ORDER NO. 32368
Idaho Power Company ("Idaho Powet' or "Company"), pursuant to RP 325, RP
331, and Idaho Code § 61-626, hereby respectfully petitions for clarification and/or
reconsideration of Order No. 32368, dated September 29, 2011, issued in the above-
referenced case. RP 325 provides that any person may petition to clarify any order, and
that the Idaho Public Utilties Commission ("Commission") may clarify any order on its
own motion. A petition to clarify does not toll the time in which to petition for
reconsideration of a final order, but RP 325 states that the two may be combined and
stated in the alternative. This Petition for Clarification and/or Reconsideration is based
on the following grounds:
IDAHO POWER COMPANY'S PETITION FOR
CLARIFICATION AND/OR RECONSIDERATION OF ORDER NO. 32368 - 1
i.
THE COMPANY SEEKS CLARIFICATION OF THE COMMISSION'S INTENT WITH
REGARD TO WHETHER ANY SPECIFIC PROJECTS UNDER THE OFFICE OF
ENERGY RESOURCES' K.12 PROGRAM WHERE PHYSICAL CONSTRUCTION
MAY HAVE STARTED PRIOR TO JULY 21, 2011, BUT THAT HAVE NOT YET
SUBMITTED PAYMENT APPLICATIONS TO IDAHO POWER FOR ENERGY
EFFICIENCY INCENTIVES, SHOULD BE EXCLUDED FROM INCLUSION IN THE
AGREEMENT.
Order No. 32368 grants the Company's Application seeking approval of an
agreement ("Agreement") with the Idaho Office of Energy Resources ("OER") providing
for the qualification of OER's K-12 Energy Efficiency Projects for Idaho Power's energy
efficiency incentives and for the re-investment of any incentive funds paid thereto into
additional cost-effective energy effciency measures for Idaho Power customers. The
Order states:
IT IS HEREBY ORDERED that the Idaho Powets
Application is granted. The Commission approves the
Agreement. As the Agreement was not effective unti July
21, 2011! it applies only to the projects implemented on or
after that date. When the Company evaluates whether an
OER-funded project qualifies for a DSM program incentive
payment, the Company must use the same criteria it would
use to evaluate any other entity's project.
Order No. 32368, p. 2 (emphasis added).
Idaho Power understands that OER has initiated several projects where actual
construction has begun at various schools that are part of its K-12 program prior to July
21, 2011. OER filed comments in this matter stating that due to time constraints, OER
began energy effciency upgrades at the school buildings this summer, and has
remained in close contact with Idaho Power to ensure that program requirements were
being met. Idaho Power has not yet received payment applications from, nor paid any
incentive monies to, any of the projects pursuant to Idaho Power's energy efficiency
IDAHO POWER COMPANY'S PETITION FOR
CLARIFICATION AND/OR RECONSIDERATION OF ORDER NO. 32368 - 2
incentive programs. Idaho Power does not understand if Order No. 32368's reference
to "implemented" on or after July 21, 2011, is intended to exclude those projects that
may have started construction prior to July 21 from inclusion in the Agreement or if the
Commission's intent was that only those projects that are completed and submit
payment applications on or after July 21 are eligible for inclusion in the terms of the
Agreement, whereby qualifying incentive monies wil be paid to a dedicated fund and
reserved for additional cost-effective energy efficiency measures.Is it the
Commission's intent to exclude any K-12 project that has started construction prior to
July 21, 2011? Because of the emphasis upon a subsequent prudency determination
that was referenced by Commission Staff in its Comments in this matter, ("Staff wil
increase its scrutiny of these programs. . . ." Staff Comments, p. 3) the Company wants
to be sure of the Commission's intent for inclusion or exclusion of projects that have all
ready begun prior to paying out any incentive dollars to them if otherwise qualified.
Consequently, the Company respectfully seeks clarification with regard to the
Commission's intent regarding whether any particular projects included in OER's K-12
program that may have started construction prior to July 21, 2011, are included within
the approved Agreement, or if Idaho Power should exclude those projects from
qualification for energy efficiency incentives.
II.
CONCLUSION
Idaho Power respectfully requests that the Commission clarify and/or reconsider
that portion of Order No. 32368 set forth above. The Company respectfully requests
clarification of the Commission's definition of "implemented" on or after the date of the
IDAHO POWER COMPANY'S PETITION FOR
CLARIFICATION AND/OR RECONSIDERATION OF ORDER NO. 32368 - 3
signed Agreement regarding whether any of OER's K-12 projects where construction
started prior to July 21, 2011, should be excluded from qualification for energy efficiency
incentives and inclusion in the approved Agreement.
Respectfully submitted at Boise, Idaho, this 20th day of October 2011 .
NOV AN E. WALKER
Attorney for Idaho Power Company
IDAHO POWER COMPANY'S PETITION FOR
CLARIFICATION AND/OR RECONSIDERATION OF ORDER NO. 32368 - 4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 20th day of October 2011 I served a true and
correct copy of IDAHO POWER COMPANY'S PETITION FOR CLARIFICATION
AND/OR RECONSIDERATION OF ORDER NO. 32368 upon the following named
parties by the method indicated below, and addressed to the following:
Commission Staff
Karl T. Klein
Deputy Attorney General
Idaho Public Utiities Commission
472 West Washington (83702)
P.O. Box 83720
Boise, Idaho 83720-0074
-2 Hand Delivered
U.S. Mail
_ Overnight Mail
FAX
-2 Email KarI.Klein((puc.idaho.gov
Offce of Energy Resources
John Chatburn, Interim Administrator
Office of Energy Resources
304 North 8th Street, Suite 250
P.O. Box 83720
Boise, Idaho 83720-0199
Hand Delivered
-2 U.S. Mail
_ Overnight Mail
FAX
-2 Email john.chatburn((oer.idaho.gov
IDAHO POWER COMPANY'S PETITION FOR
CLARIFICATION AND/OR RECONSIDERATION OF ORDER NO. 32368 - 5