20120328Letter Filing.pdf

RECEIVED
aamiMAMP 201.2 MAR 28 PM t4: 07
ATTORNEYS AT LAW
Tel: [phone] Fax: [phone] IDAHO PU3L1.;
P.O. Box 7218 Boise, ID 83707 - 515 N. 27th St. Boise, ID 8370 JTtLT1FS COMMISSION
March 28, 2012
Ms. Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
472 W. Washington
Boise, ID 83702
RE: IPC-E-1 1-23 - Kootenai Electric Cooperative, Inc.'s Letter Filing
Dear Ms. Jewell:
I write on behalf of Kootenai Electric Cooperative, Inc. ("Kootenai"), and request
acceptance of this letter filing in the above captioned docket in light of Idaho Power
Company's letter filed yesterday and other recent events. Although this case has been
fully submitted under the Idaho Public Utilities Commission's ("IPUC") modified
procedure rules, Kootenai makes this filing pursuant to IPUC Rule of Procedure 66.
Idaho Power filed its letter filing yesterday to correct its pleadings' incorrect assertion
that Idaho Power owns the meter at Avista's Lolo Substation. Idaho Power had
previously asserted that it owned the meter at the Lolo Substation in Idaho in support of
Idaho Power's claim that the point of delivery between the two utilities is not at Imnaha,
Oregon, but rather at the Lolo Substation. Idaho Power appears to have recognized that it
does not own the meter while responding to discovery requests filed by Kootenai in the
ongoing complaint proceeding before the Public Utility Commission of Oregon.
Kootenai appreciates the corrective filing by Idaho Power.
But Kootenai disagrees with Idaho Power's continued characterization in its letter filing
that the point of delivery for a transfer from Avista to Idaho Power at this location occurs
at the LoLo Substation. There is no evidence in the record before the IPUC - such as an
interconnection agreement between Idaho Power and Avista - to support Idaho Power's
assertion, and Kootenai provided the IPUC with the limited publicly available evidence it
was able to obtain to the contrary.
Discovery is ongoing in the Oregon proceeding. In light of Idaho Power's recent
revelation acknowledging that it does not own the meter, Kootenai submits that it would
be premature for the IPUC to rule on this matter without the benefit of the evidence that
has been and likely will be uncovered through discovery in the Oregon proceeding.
Idaho Public Utilities Commission
March 28, 2012
IPC-E- 11-23
Page 2
Kootenai submits that other relevant information has come forth with regard to the point
of delivery for a transfer from Avista to Idaho Power occurring over the Lob-Oxbow 230
kilovolt line interconnecting the two utilities. Rather than supplement the record at this
time, Kootenai suggests that doing so at the close of discovery in the Oregon proceeding
would make more sense.
For the reasons stated above, Kootenai respectfully requests that the Idaho Public
Utilities Commission not rule on this matter without providing the parties the opportunity
to supplement the record with materials that may be obtained in discovery in the Oregon
proceeding.
Sincerely,
Gredry M. Adams
Richardson & O'Leary PLLC
Attorney for Kootenai Electric Cooperative, Inc.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 28th day of March, 2012, a true and correct copy
of the within and foregoing KOOTENAI'S LETTER FILING was served as shown to:
Jean Jewell
Idaho Public Utilities Commission
472 West Washington
Boise, ID 83702
Kris Sasser
Idaho Public Utilities Commission
472 West Washington
Boise, ID 83702
Donovan Walker
Jason Williams
Idaho Power Company
1221 West Idaho Street
Boise, ID 83702
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By:
'tIre M. Adams