20130321Letter re Access to Information.pdf

- An IDACORP company
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LISA D. NORDSTROM
Lead Counsel
InordstromcIdahopower.com
March 21, 2013
VIA HAND DELIVERY
Jean D. Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83702
Re: Case Nos. IPC-E-09-02 and IPC-E-13-04
EnerNOC, Inc., Contract — Access to Confidential Information in Above
Cases
Dear Ms. Jewell:
On March 7, 2013, Idaho Power Company ("Idaho Power" or "Company') filed a
Petition for approval of a second amendment to its agreement with EnerNOC, Inc.
("EnerNOC") (the "Agreement") to operate the FlexPeak demand response program for
commercial and industrial customers. By letter dated March 19, 2013, Idaho Power was
advised by Mr. Richardson, counsel for the Industrial Customers of Idaho Power ("ICIP"),
that he wishes to execute the Idaho Public Utilities Commission's ("Commission") standard
protective agreement and have access to the entire file for purposes of preparing ICIP's
comments. Today, Idaho Power sent Mr. Richardson the appropriate protective agreement
and Exhibit Afor signature. By doing so, ICIP can request a confidential explanation of the
second amendment to the Agreement as described in paragraph 12 of the Company's
Petition in Case No. IPC-E-1 3-04.
Although full access to the Commission file is appropriate in most instances, Idaho
Power does not believe it is appropriate in instances where parties with a financial interest
can benefit at the expense of other customers. Disclosure of the contract with the
demand- aggregator for the FlexPeak program may give lClP's members, several of whom
are FlexPeak participants, an undue advantage over other participants in negotiating with
EnerNOC, thus decreasing the margins and damaging the aggregator business model that
support the effectiveness of the FlexPeak program. Furthermore, the contract between
Idaho Power and EnerNOC contains business model and pricing information that EnerNOC
considers to be proprietary and a trade secret. Release of the contract to potential
participants will negatively affect future contract negotiations with EnerNOC and other third-
party providers.
1221 W. Idaho St. (83702)
P.O. Box 70
Boise, ID 83707
r.
Jean D. Jewell
March 21, 2013
Page 2
Idaho Power has attempted to address ICIP's need for information about the
Agreement and its amendments by offering a confidential explanation that provides greater
detail than that found in the Petition without disclosing the financial details that could
negatively affect program nominations. Idaho Power does not believe that access to the
financial information in the Agreement and two amendments is necessary for ICIP to
comment on the merits of the pending Petition.
If you or your counsel would like to discuss this matter further, please feel free to
contact me.
Sincerely,
Lisa D. Nordstrom
LDN:csb
cc: Weldon Stutzman, Commission (via e-mail)
Peter Richardson, ICIP (via e-mail)
Brad Davids, EnerNOC, Inc. (via e-mail)