20140121Petition to Intervene.pdf

,i l-' ;F11 I t, ^ni.ili it.UPeter J. Richardson
Richardson Adams, PLLC
515 N.27ft Street
Boise, tdaho 83702
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorneys for Cold Springs Windfarm, LLC; Desert Meadow Windfarm, LLC;
Hammett Hill Windfarm,LLC; Mainline Windfarm, LLC;
Ryegrass Windfarm, LLC; and Two Ponds Windfarm, LLC
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
TN THE MATTER OF APPLICATION OF )
IDAHO POWER COMPANY TO UPDATE ITS )
WIND INTEGRATION RATES AND
CHARGES.
CASE NO. IPC-E-13-22
PETITION TO INTERVENE OF
COLD SPRINGS WINDFARM, LLC;
DESERT MEADOW WINDFARM,
LLC; HAMMETT HILL WINDFARM,
LLC; MAINLINE WTNDFARM, LLC;
RYEGRASS WINDFARM, LLC; AND
TWO PONDS WINDFARM, LLC
)
)
)
)
)
)
Pursuantto IDAPA 31.10.01 .071-.074 andtheNoticeof Application OrderNo.3296l
issued by the ldaho Public Utilities Commission ("Commission") on December 3l , 2013, Cold
Springs Windfarm, LLC, Desert Meadow Windfarm, LLC, Hammett Hill Windfarm, LLC,
Mainline Windfarm, LLC, Ryegrass Windfarm, LLC, and Two Ponds Windfarm, LLC,
hereinafter referred to collectively as the "Mountain Air Projects," hereby petition the
Commission for leave to intervene herein and to appear and participate herein as parties, and as
grounds therefore state as follows:
PETITION TO INTERVENE
CASENO. IPC-E-13-22
PAGE I
l. The name and addresses of these Intervenors is:
Cold Springs Windfarm, LLC
c/o Mountain Air Projects
Benjamin G. Huang, Manager
6000N Foxtail Way,
Glenns Ferry, lD 86623
[e-mail]
Desert Meadow Windfarm, LLC
c/o Mountain Air Projects
Benjamin G. Huang, Manager
6000N Foxtail Way,
Glenns Ferry, lD 86623
[e-mail]
Hammett Hill Windfarm, LLC
c/o Mountain Air Projects
Benjamin G. Huang, Manager
6000N Foxtail Way,
Glenns Ferry, lD 86623
[e-mail]
2. These Intervenors will be
Peter J. Richardson (lSB No. 3195)
Richardson Adams, PLLC
515 N. 27th Street
Boise,Idaho 83702
Telephone: [phone]
Fax: [phone]
[e-mail]
Mainline Windfarm, LLC
c/o Mountain Air Projects
Benjamin G. Huang, Manager
6000N Foxtail Way,
Glenns Ferry, lD 86623
[e-mail]
Ryegrass Windfarm, LLC
c/o Mountain Air Projects
Benjamin G. Huang, Manager
6000N Foxtail Way,
Glenns Ferry, ID 86623
[e-mail]
Two Ponds Windfarm, LLC
c/o Mountain Air Projects
Benjamin G. Huang, Manager
6000N Foxtail Way,
Glenns Ferry, lD 86623
bhuang@terna-energy. com
represented herein by:
3. Copies of all pleadings, production requests, production responses, Commission
orders and other documents should be provided to Mr. Richardson and Mr. Huang at the
addresses listed above.
4. Cold Springs Windfarm , LLC, Desert Meadow Windfarm, LLC, Hammett Hill
Windfarm, LLC, Mainline Windfarm, LLC, Ryegrass Windfarm, LLC, and Two Ponds
PETITION TO INTERVENE
CASENO. IPC-E.13-22
PAGE 2
Windfarm, LLC are each qualified to conduct business in the State of ldaho under applicable
provisions of ldaho law. Each is a wholly owned subsidiary of Mountain Air Projects, LLC.
5. Each of the Mountain Air Projects owns and operates, wind generation facilities
with a gross capacity of 23.0 megawatts (o'MW"), and an average net output limited to l0 MW
per month, that are interconnected to the ldaho Power Company ("ldaho Power") electrical
system. Each of the Mountain Air Projects is a self-certified qualifying facility ("QF") under the
Public Utility Regulatory Policies Act of 1978 ("PURPA"), and sells all of its net output to Idaho
Power, pursuant to a long-term PURPA Firm Energy Sales Agreement ("FESA").
6. Each of the Mountain Air Projects FESAs was executed on November 12,2010,
and approved by the Commission through orders issued on December 23,2010. See IPUC Order
Nos. 32144,32145,32146,32147,32148,and32149. All six of the Mountain Air Projects'
FESAs are identical except for the names and locations of the projects. Each Mountain Air
Project elected to execute a FESA containing fixed avoided cost rates for the duration of a20-
year contract term, as provided by federal law and regulation. See 18 C.F.R. 5 292.304(dx2xii).
7 . As the Commission noted in its Order Nos. 32144 ,32145,32146,32147,32148,
and32149 approving Mountain Air Projects' FESAs, each of the FESAs comport with the orders
and requirements of the Commission in effect at the time of execution and approval of the
FESAs. Notably, the FESAs each incorporate the avoided cost rate minus the wind integration
charge contained in IPUC Order No. 30488 for each and every year of the term of the FESAs.
8. As was the case when the Mountain Air Projects intervened in IPUC Docket No.
GNR-E-l l-03 in response to Idaho Power's proposed Schedule 74,the Mountain Air Projects
are gravely concemed with Idaho Power's proposal in this docket with regard to proposed new
wind integration charges. Specifically, the Mountain Air Projects FESAs already compensate
PETITION TO INTERVENE
CASENO. IPC-E-13-22
PAGE 3
Idaho Power for potential costs related to wind integration through the inclusion of provisions
which were developed by Idaho Power and approved by the Commission. The Mountain Air
Projects would suffer adverse and unlawful economic harm if the Commission were to entertain,
let alone adopt, Idaho Power's proposal in this docket to apply a new and adjustable wind
integration tariff to existing projects with FESAs containing long-term, fixed avoided cost rates
in existing FESAs. Any change to the Commission's wind integration policies with respect to
existing QFs with FESAs containing long-term, fixed avoided cost rates will negatively impact
the Mountain Air Projects.
9. In fact, it is well-established that federal law prohibits the Commission from
subjecting QFs with long-term, fixed avoided cost rate FESAs to ongoing utility-type regulation,
such as Idaho Power's proposed reexamination of the fixed wind integration charges in existing
Idaho wind QFs' FESAs. See l6 U.S.C. 824a-3(e). The adjudication of such a request by ldaho
Power subjects the Mountain Air Projects to ongoing utility-type regulation in violation of
federal law, and threatens to impose on the Mountain Air Projects substantial internal and
external costs including experts and legal counsel necessary to protect their interests.
10. Therefore, each of the Mountain Air Projects claims a direct and substantial
interest in this proceeding because Idaho Power's Application recommends that the Commission
investigate and adopt policies that would have an adverse and unlawful economic impact on the
Mountain Air Projects.
I l. The Mountain Air Projects intend to participate herein as parties, to file pleadings
responding to Idaho Power's Application, and if necessary, to introduce evidence, cross-examine
witnesses, call and examine witnesses, and be heard in argument. The nature and quality of
PETITION TO INTERVENE
CASE NO. IPC-E-13-22
PAGE 4
pleadings and evidence which the Mountain Air Projects will submit and introduce is dependent
upon the nature and effect of other filings and evidence in this proceeding.
12. Without the opportunity to intervene herein, the Mountain Air Projects would be
without any means of participation in this proceeding, which may have severe economic
consequences for the Mountain Air Projects.
13. Granting this Petition to Intervene will not unduly broaden the issues nor will it
prejudice any party to this case.
WHEREFORE, Cold Springs Windfarm,LLC, Desert Meadow Windfarm, LLC,
Hammett Hill Windfarm,LLC, Mainline Windfarm, LLC, Ryegrass Windfarm, LLC, and Two
Ponds Windfarm, LLC, respectfully request that this Commission grant their Petition to
Intervene in these proceedings and to appear and participate in all matters as may be necessary
and appropriate.
DATED this 2l't day of January,2014.
RICHARDSON ADAMS, PLLC
Peter Richardson
Of Attorneys for Cold Springs Windfarm,
LLC; Desert Meadow Windfarm, LLC;
Hammett Hill Windfarm, LLC; Mainline
Windfarm, LLC; Ryegrass Windfarm, LLC;
and Two Ponds Windfarm, LLC
PETITION TO INTERVENE
CASE NO. IPC.E-13-22
PAGE 5
CERTIFICATE OF SERYICE
I HEREBY CERTIFY that on the 2lst day of January,20l4, a true and correct copy of
the within and foregoing PETITION TO INTERVENE Case No. IPC-E-I3-22,was served by
hand delivery, to:
Donovan Walker
Julia A. Hilton
Idaho Power Company
l22l West Idaho Street (83702)
PO Box 70
Boise, Idaho 837 07 -0070
dwal ker@ idahopower.com
ih [e-mail]
PETITION TO INTERVENE
CASENO. IPC-E-13.22
PAGE 6