20150904order_no_33374.pdf

Office of the Secretary
Service Date
September 4,2015
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF IDAHO POWER )
COMPANY’S PETITION TO DETERMINE )CASE NO.IPC-E-15-18
PURPA CONTRACT ELIGIBILITY FOR )
TEN DISAGGREGATED 100 KW SOLAR )ORDER NO.33374
PROJECTS )
On June 26,2015,Idaho Power Company filed a Petition requesting the Commission
determine the contract-length eligibility for ten solar projects proposed to Idaho Power by Site
Based Energy.In its Petition,Idaho Power alleges that Site Based Energy has disaggregated a
single solar project into ten 100 kW increments “to gain access to published avoided cost rates”
and the standard 20-year contract applicable to projects eligible for published avoided cost rates.
Petition at 3.On July 24,2015,the Commission issued a Notice of Modified Procedure
requesting public comments on the Petition be filed no later than August 14,2015.The
Commission notes that the “issue of whether this is a single large project or ten smaller projects
will determine which one of two avoided costs methodologies is used to calculate the rate Idaho
Power must pay for power,as well as the appropriate length of the PURPA contract(s).”Order
No.33342.
THE OWNERSHIP ISSUE
In its Petition,Idaho Power states that it has “not been provided with any evidence of
separate ownership,nor was Idaho Power able to confirm that the proposed entities are registered
with the Idaho Secretary of State.”Petition at 4.As part of its Petition,Idaho Power attached
the ten applications for the respective projects.The name of each facility is identified as
“WRCE I”through “WRCE 10”and the “Owner/Company Name”of each project is identified
as “WRCE 1 LLC”through “WRCE 10 LLC.”John Reuter of Site Based Energy is designated
as the “Contact Person”on each of the ten applications.
In response to the Commission’s Notice of Modified Procedure,Site Based Energy
commented that
Idaho Power did not and has not requested [evidence of separate ownership]
information.In addition,evidence of ownership is not required in Schedule
73 or the application.If Idaho Power had asked,we would have supplied
information on ownership and during our meeting [with Idaho Power]we
ORDER NO.33374
indicated that each project would have a separate owner listed on the [power
purchase agreement]at the time of execution.
SBE Comments at 6.
DISCUSSION
To clarify the issue of ownership,the Commission directs Site Based Energy/John
Reuter (designated as the contact person for each of the ten proposed projects),to provide
evidence including all documentation to the following questions:
1.Identify each owner or member and their respective percentage of
ownership for each of the ten Limited Liability Corporations identified as
“WRCE 1 LLC”through “WRCE 10 LLC.”Provide a street and mailing
address for each owner/member.
2.Does Site Based Energy have an ownership interest in any of the ten
projects?If yes,identify the project and the ownership percentage of each
project.
3.Provide evidence that Mr.Reuter and Site Based Energy have been
authorized by each LLC to act in their behalf as the “contact person”
regarding the Schedule 73 application process.
4.If the ownership of each solar project has not been fully allocated (i.e.,to
total 100%),identify the project(s)where ownership is not fully
subscribed and the unsubscribed percentage of each project where
ownership is not fully allocated.
5.Provide copies of the Articles or Certificate of Organization,any
amendments,and annual reports for WRCE 1 LLC through WRCE 10.
The Commission Secretary shall serve this Order via electronic mail on Site Based Energy.Site
Based Energy is directed to provide the requested information to the questions set out above to
the Commission Secretary no later than seven days from the date of this Order.
ORDER
IT IS HEREBY ORDERED that Site Based Energy and John Reuter are ordered to
provide responses and evidence in response to the questions set out above to the Commission
Secretary no later than seven days from the service date of this Order.Idaho Code §61 -503 and
Rule 222,IDAPA 3 1.01.01.222.
ORDER NO.33374
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of September 2015
ATTEST:
L)
MARSHA H.SMITH,COMMISSIONER
KRIS INE RAPER.COMSSIONER
J7ewell
mmission Secretary
O:IPC-E-1 5-18 don
ORDER NO.33374 3