20131220Petition to Clarify Order.pdf

Benjamin I. Otto (ISB No. 8292)
710 N 6'h Street
Boise,ID 83701
Ph: [phone] x12
Fax [phone]
[e-mail]
Attorney for the Idaho Conservation league
Dean J. Miller (ISB No. 1968)
Chas. F. McDevitt (ISB No. 835)
Celeste K. Miller (ISB No. 2590)
McDEVITT & MILLER LLP
420 West Bannock Street
P.O. Box 2564-83701
Boise,ID 83702
Tel: [phone]
Far 208.336.6912
i [e-mail]
[e-mail]
[e-mail]
Attorneys for the Snake River Alliance
IN THE MATTER OF IDAHO POWER
COMPANY'S APPLICATION FOR A
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY FOR THE INVESTMENT
IN SELECTIVE CATALYTIC REDUCTION
CONTROLS ON JIM BRIDGER UNITS 3
AND 4.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASENO. IPC.E-I3-16
PETITION TO CLARIFY ORDER
NO 32929
COMES NOW the Idaho Conservation League, the Snake River Alliance and the Idaho
Chapter of the Sierra Club'with this Petition for Clarification of Order No. 32929 pursuant to
IDAPA 31.01.01.325.2 The undersigned respectfully request the Commission clarifr the scope and
contents of the quarterly reports the Order obligates Idaho Power to submit. See Order No i2929
t While the Idaho Chapter of the Sierra Club is not an official party to this docket, IDAPA 31.01.01.325 permits
"any person" to join a Petition for Clarification. The Club is affected by the Commission's final order in the same
manner as the Idaho Conservation League and the Snake River Alliance.
2 As a Petition for Clarification the IDAPA rules do not set forth a deadline for Cross-Petition or Answer to this
motion. Compare IDAPA 31.01.01.325 with LDAPA3l.0l.0l.331.
IPC-E-13-16
Petition for Clarifi cation December 19,2013
at 11, 13. Providing greater clarity regarding these reports will assist the Commission, Staff, and
other stakeholders "to stay abreast of potential future regulations that could negatively impact
[the] investment in the Bridger upgrade." Id., at 11. Similarly, while not mentioned in the order,
the undersigned also request the Commission direct Idaho Power to include updates on changing
costs, permitting and construction timing, as well as any project scope changes that occur due to
changing environmental regulations. Finally, the undersigned suggest further information in the
quarterly reports to assist in the Commissions directive for Idaho Power "to return to the
Commission if viable alternatives to the Bridger Units 3 and 4 upgrades become available." Id, at
11, 13. Like Langley Gulch construction and Hells Canyon relicensing, the public interest is best
served by providing transparent, timely, and complete information about ongoing, capital-
intensive energF projects.
More specifically the undersigned parties respectfully request the Commission direct
Idaho Power to provide the following in the quarterly reports:
1. Any changes to the compliance standards, timeline, options, and costs for
environmental regulations that affect the Jim Bridger plant resulting from:
a. The Environmental Protection Agency's promulgation of a final Federal
Implementation Plan for RegionalHaze in Wyoming.
b. The Environmental Protection Agency's promulgation of draft rules for
carbon regulation of existing power plants under Clean Air Act S 1 I I (d).
c. The Environmental Protection Agency's or the relevant Wyoming state agency
concerning coal combustion residuals or cooling water intake and discharges.
d. Other Clean Air Act regulations such as a nonattainment designation for any
affected air shed or covered pollutant.
IPC-E-13-16
Petition for Clarification December 19,2013
2. An accounting of the funds spent to date and updates on the Bridger project
similar to the Langley Gulch reports issued in case IPC-E-09-03.
3. Any changes to the cost, timeline, or other project components for the Bridger
upgrade project covered the Certificate of Public Convenience and Necessity issued in
this case.
In Order 32929, the Commission also directed Idaho Power to "return to the
Commission if viable alternatives to the Bridger Units 3 and 4 become available." Order No
32929 at 11, 13. This ongoing evaluation is important because "it is not inconceivable that,
during the installation of the SCRs, a tipping point could be reached making them uneconomic."
Id., at 11. To assist the Commission, Staff, and other stakeholders the undersigned respectfully
request the Commission direct Idaho Power to include the following in the quarterly report:
1. A narrative description of Idaho Power's method and timeline for continually
considering alternatives to the Bridger upgrades during the pendency of the project.
2. A quantitative analysis comparing the most up-to-date Bridger project costs to
alternatives, including re-dispatching of existing, non-coal resources as well as new
demand and supply side energy and capacity resources.
Procedurally the undersigned suggest the following:
1. Idaho Power should report Bridger Units 3 and 4 separately since the project has
unique costs and components for each unit.
2. If Idaho Power asserts any information in the quarterly reports is confidential, the
Company should so designate the specific information and provide an unredacted
copy directly to the parties in this docket, subject to an ongoing protective agreement.
Idaho Power should also make a redacted copy publicly available. To foster public
[PC-E-13-16
Petition for Clarifi cation December 19,2013
education and involvement the Commission should direct Idaho Power to limit the
assertion of confidentiality to the greatest extent practicable.
WHEREFORE, we respectfully request the Commission grant this petition.
DATED this 206 day of December 2013.
Benjamin J. Otto
Attornq for the Idaho Conservation League
MCDEVITT & MILLER, LLP
Attorneys for Snakc River Alliance
/hrrl h/:dI
Zack Waterman
Director - Idaho Chapter of the Sierra Club
IPC-E-13-16
Petition for Clarification December 19,2013
CERTIFICATE OF SERVICE
I hereby certifr that on this 20th day of December, 20L3,I delivered true and correct
copies of the foregoing PETITION FOR CLARIFICATION to the following persons via the
method of service noted:
Hand delivery:
Jean Iewell
Commission Secretary (Original and seven
Idaho Public Utilities Commission
427W. Washington St.
Boise,ID 83702-5983
Electronic Mail Only:
Lisa D. Nordstrom
Iennifer Reinhardt-Tessmer
Idaho Power Company
P.O. Box 70
Boise,Idaho 83707
[e-mail]
j reinhardt@idahopower. com
Peter |. Richardson
GregoryM. Adams
Richardson & O'Leary, PLLC
515 N.27th Street
Boise,lD 83702
peter@richardsonandoleary. com
[e-mail]
Dr. Don Reading
6070 Hill Road
Boise,Idaho 83703
Telephone: [phone]
Fax [phone]
dreading@mindspring. com
Dean |. Miller
Chas. F. McDevitt
Celeste K. Miller
McDevitt & Miller, LLP
P.O. Box 2564
Boise,ID 83701
j [e-mail]
chas@mcdevitt- miller. com
IPC-E-13-16
Petition for Clarification
[e-mail]
Ken Miller
Clean Energy Program Director
Snake River Alliance
Box 1731
Boise,ID 83701
kmiller@snakeriveralliance. org
December 19,2013
copies provided)
Benjamin J. Otto