20120914Assignment Disclosure.pdf

Williams • Bradbury
A T T 0 R N E Y S A T L A W RECEIVED
in
September 14, 2012
TIES
Ms. Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
472 W. Washington
Boise, ID 83702
Re: IPC-E-10-56 through IPC-E-10-58
Dear Ms. Jewell:
Enclosed please find an original and seven copies of Assignment Disclosure and
Reply on behalf of Murphy Flat Mesa, LLC; Murphy Flat Energy, LLC; and Murphy Flat
Wind, LLC for filing in the above referenced cases.
Thank you for your assistance in this matter. Please feel free to give me a call should
you have any questions.
Sincerely,
Ronald L. Williams
RLW/jr
Enclosures
1015 W. Hays Street -Boise, ID 83702
Phone: [phone] - Fax: [phone] - www.williamsbradbury.com
Ronald L. Williams ISB No. 3034
Williams Bradbury, Attorneys at Law
1015 W. Hays Street
Boise, ID 83702
Tel: [phone]
Fax: [phone]
[e-mail]
RECE WED
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Larry F. Eisenstat
Daniel A. Broderick
Dickstein Shapiro LLP
1825 Eye Street, NW
Washington, DC 20006-5403
Tel: [phone]
Fax: [phone]
[e-mail]
broderickd(dicksteinshayiro.com
Counsel for Murphy Flat Mesa, LLC
Counsel for Murphy Flat Energy, LLC
Counsel for Murphy Flat Wind, LLC
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
IDAHO POWER COMPANY FOR A )
DETERMINATION REGARDING A FIRM )
ENERGY SALES AGREEMENT BETWEEN )
IDAHO POWER AND MURPHY FLAT MESA, )
LLC )
)
IN THE MATTER OF THE APPLICATION OF )
IDAHO POWER COMPANY FOR A )
DETERMINATION REGARDING A FIRM )
ENERGY SALES AGREEMENT BETWEEN )
IDAHO POWER AND MURPHY FLAT ENERGY )
LLC )
)
IN THE MATTER OF THE APPLICATION OF )
IDAHO POWER COMPANY FOR A )
DETERMINATION REGARDING A FIRM )
ENERGY SALES AGREEMENT BETWEEN )
IDAHO POWER AND MURPHY FLAT WIND, )
LLC )
Case No. IPC-E-10-56
Case No. IPC-E-10-57
Case No. IPC-E-10-58
ASSIGNMENT DISCLOSURE AND REPLY
Idaho Public Utilities Commission ("Commission") Order No. 32629 provides Murphy
Flat Mesa, LLC, Murphy Flat Energy, LLC, and Murphy Flat Wind, LLC (collectively, "Murphy
Flat") the option to Reply to Idaho Power's Answer, and orders Murphy Flat to disclose the
assignment of the Firm Energy Sales Agreements ("FESAs") entered into between Murphy Flat
and Idaho Power.
1.Assignment of the Murphy Flat PPAs. On May 16, 2012, an Asset Purchase
Agreement was entered into between the owners of the Murphy Flat and Murphy Flat Power,
LLC, a limited liability company which is wholly-owned by First Wind Energy, LLC
(collectively, Murphy Flat Power, LLC and First Wind Energy, LLC referred to herein as "First
Wind"). On June 6, 2012, closing occurred whereby the owners of Murphy Flat transferred and
assigned to First Wind, and First Wind took possession of, all right title and interest in Murphy
Flat assets, and assumed all obligations of Murphy Flat related to the transferred assets. The
three FESAs were part of the assets assigned to First Wind. Murphy Flat and First Wind asked
Idaho Power to consent to the assignment of the FESAs, but Idaho Power unreasonably and in
bad faith refused to do so, asserting that there are no FESAs, the transfer of which it could
consent to.
2.Reply to Idaho Power's Answer. As to the various procedural roadblocks that
Idaho Power claims would bar the Commission from modifying its initial order rejecting the
FESAs, they simply are wrong, as we believe will be obvious to the Commission. However,
rather than respond here, Murphy Flat wishes to notify Idaho Power and the Commission that it
will be filing a Petition for Enforcement of the Public Utilities Regulatory Policy Act of 1978
with the Federal Energy Regulatory Commission, and will provide a copy of the same to the
Commission and all parties in this proceeding, when filed.
DATED this 1 day of September, 2012.
By:_________
Ronald L. Williams ISB No. 3034
Williams Bradbury, Attorneys at Law
1015 W. Hays Street
Boise, ID 83702
Tel: [phone]
Fax: [phone]
[e-mail]
Larry F. Eisenstat
Daniel A. Broderick
Dickstein Shapiro LLP
1825 Eye Street, NW
Washington, DC 20006-5403
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Counselfor Murphy Flat Mesa, LL
Counselfor Murphy Flat Energy, LLC
Counselfor Murphy Flat Wind, LLC
3
CERTIFICATE OF MAILING
I HEREBY CERTIFY that on this I day of September, 2012, I caused to be sewed a
true and correct copy of the foregoing document upon the following individuals in the manner
indicated below:
Donovan E. Walker fl Hand Delivery Lisa D. Nordstrom
Idaho Power Company US Mail (postage prepaid)
P.O. Box 70 (83707) Facsimile Transmission
1221 West Idaho Street Federal Express
Electronic Transmission Boise, ID 83702
[e-mail]
[e-mail]
Kristine Sasser Hand Delivery
Idaho Public Utilities Commission E US Mail (postage prepaid)
472 W. Washington (zip: 83702) Facsimile Transmission
P0 Box 83720 D Federal Express
Boise, ID 83720-0074 Electronic Transmission
E-Mail: [e-mail]
Ronald L. Williams
El