20170531Motion to Lift Suspension.pdf

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DONOVAN E. WALKER
Lead Counsel
dwa I ker@ida hopower,com
May 31 ,2017
VIA HAND DELIVERY
Diane M. Hanian, Secretary
ldaho Public Utilities Commission
472 West Washington Street
Boise, ldaho 83702
Case No. IPC-E-14-15
Glark Canyon Hydro, LLC Joint Motion to Lift Suspension and
lmplement Procedural Schedule
Dear Ms. Hanian
Enclosed for filing please find an original and seven (7) copies of the Joint Motion
to Lift Suspension and lmplement Procedural Schedule in the above matter.
very yours,
n E. Walker
DEW:csb
Enclosures
1221 W ldaho 5t. (83702)
P.O. Box 70
Boise, lD 83707
An IDACORP Company
Re:
DONOVAN E. WALKER (lSB No. 5921)
ldaho Power Company
1221West ldaho Street (83702)
P.O. Box 70
Boise, ldaho 83707
Telephone: [phone]
Facsimile: [phone]
dwalker@ id a hopower. com
Attorney for ldaho Power Company
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
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r:' 4. ! :..il.:-'i',
IN THE MATTER OF THE APPLICATION
OF IDAHO POWER COMPANY FOR
APPROVAL OR REJECTION OF AN
ENERGY SALES AGREEMENT WITH
CLARK CANYON HYDRO, LLC, FOR THE
SALE AND PURCHASE OF ELECTRIC
ENERGY FROM THE CLARK CANYON
PROJECT.
CASE NO. IPC-E-14-15
JOINT MOTION TO LIFT
SUSPENSION AND IMPLEMENT
PROCEDURAL SCHEDULE
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ldaho Power Company ("ldaho Power" or "Company"), jointly with Idaho Public
Utilities Commission Staff ("Staff') and Clark Canyon Hydro, LLC ("Clark Canyon")
(collectively "Parties"), hereby respectfully requests that the ldaho Public Utilities
Commission ("Commission") lift the previously issued suspension of the procedural
schedule in this matter and implement a new procedural schedule recommended by the
Parties.
t.INTRODUCTION D BACKGROUND
On June 4, 2014, ldaho Power filed an application requesting that the
Commission accept or reject an Energy Sales Agreement ("ESA") between ldaho Power
and Clark Canyon entered into pursuant to the Public Utility Regulatory Policies Act of
JOINT MOTION TO LIFT SUSPENSION AND IMPLEMENT PROCEDURAL SCHEDULE. 1
1978 ("PURPA'). The Commission subsequently issued a Notice of Application and
Notice of Modified Procedure sefting forth comment deadlines. Order No. 33064.
During Staffs review of the ESA, "some discrepancies were discovered between Clark
Canyon's FERC license and its Power Purchase Agreement with ldaho Power." Order
No. 33088, p. 1. The Parties agreed that it was reasonable "to suspend the schedule
until Clark Canyon is able to resolve and/or clarify the discrepancies." ld. On July 31,
2014, Staff filed a motion with the Commission to suspend the procedural schedule until
pending matters could be resolved.
On August 5, 2014, the Commission granted the requested suspension and
stated:
YOU ARE HEREBY NOTIFIED that the procedural schedule
set by Order No. 33064 is suspended. ldaho Power and
Clark Canyon, as parties to the Power Purchase Agreement,
are directed to notify the Commission as soon as the
discrepancies and underlying matters are resolved so that
the Commission may proceed in considering the Application
filed on June 4,2014.
Order No. 33088, p. 1.
On April 26, 2017, Clark Canyon notified Idaho Power that it had received its
renewed Federal Energy Regulatory Commission license on March 31,2017. The ESA
between Clark Canyon and ldaho Power contains a Scheduled First Energy Date of
Apri! 1,2017, and a Scheduled Operation Date of June 1,2017. The Parties metwith
Staff on May 1 1, 2017, to discuss the status. At that meeting, the Parties agreed to
recommend lifting the suspension and to propose a procedural schedule for submitting
the ESA for the Commission's review. Consequently, the Parties jointly propose the
following schedule:
ldaho Power and Clark Canyon Comments: 21 days after Commission order
All party Response Comments: 14 days after initial Comments
All pafi Reply Comments: 14 days after Response Comments
JOINT MOTION TO LIFT SUSPENSION AND IMPLEMENT PROCEDURAL SCHEDULE - 2
il. MOTTON
WHEREFORE, the Parties respectfully move the Commission to issue an order
Iifting the previously directed suspension of the procedural schedule and to establish a
new procedural schedule consisting of written comments pursuant to Modified
Procedure, RP 201, ef seg., as set forth above.
Respectfully submitted this 31't day of May 2017.
LZucre
DONOVAN E. WALKER
Attorney for ldaho Power Company
JOINT MOTION TO LIFT SUSPENSION AND IMPLEMENT PROCEDURAL SCHEDULE - 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 31st day of May 2017 I served a true and correct
copy of the within and foregoing JOINT MOTION TO LIFT SUSPENSION AND
IMPLEMENT PROCEDURAL SCHEDULE upon the following named parties by the
method indicated below, and addressed to the following:
Commission Staff
Daphne J. Huang
Deputy Attorney General
!daho Public Utilities Commission
47 2 W est Washington (83702)
P.O. Box 83720
Boise, ldaho 83720-007 4
X Hand Delivered
_U.S. Mail
_Overnight Mail
_FAXX Email [e-mail]
GIark Canyon Hydro, LLG
Alina Osorio
President - ICP US Hydro Holdings Inc.
Fiera Infrastructure lnc.
1 Adelaide Street East, Suite 2410
Toronto, Ontario MsC 2V9
_Hand DeliveredX U.S. Mail
_Overnight Mail
_FAXX Email [e-mail]
christa Bearry, Legal Assistant
JOINT MOTION TO LIFT SUSPENSION AND IMPLEMENT PROCEDURAL SCHEDULE - 4