20140121Petition to Intervene.pdf

Deborah E. Nelson, ISB # 5711
Preston N. Carter, ISB # 8462
GIVENS PURSLEY LLP
601 W. Bannock St.
Post Office Box2720
Boise, Idaho 83701-2720
Telephone: [phone]
Facsimile: 208-388-1300
I 1488-0005 1984281_l
Attorneys for Meadow Creek Project Company LLC
IN THE MATTER OF THE APPLICATION
OF IDAHO POWER COMPANY TO
UPDATE ITS WIND INTEGRATION
RATES AND CHARGES
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
Case No. IPC-E-13-22
MEADOW CREEK PROJECT
COMPANY LLC'S PETITION TO
INTERVENE
Meadow Creek Project Company LLC ("Meadow Creek") petitions the Idaho Public
Utilities Commission ("Commission") intervene in the above-entitled matter pursuant to Rule 7l
through 75 of the Commission's Rules of Practice and Procedure, Idaho Administrative Rules
3 L0l.01 .072 - 075. In support of this Petition, Meadow Creek states as follows:
l. The name and address of Rockland is:
Meadow Creek Project Company LLC
c/o Atlantic Power Corporation
I Federal Street, 30th Floor
Boston, MA 02110
MEADOW CREEK PROJECT COMPANY LLC PETITION TO INTERVENE - Page I
Case No. IPC-E-13-22
2. Meadow Creek's representatives for the purpose of service of pleadings and other
written materials are:
Deborah E. Nelson
Preston N. Carter
GIVENS PURSLEY LLP
601 W. Bannock Street
P.O.Box2720
Boise, ID 83701-2720
Telephone No. [phone]
Fax No. [phone]
Email address: den@ givenspursley.com
prestoncarter@ givenspursley. com
3. Meadow Creek owns and operates two wind farm developments with nameplate
capacities of 80 MW (l.,lorth Point) and 40 MW (Five Pine) located in Bingham County, Idaho
("Projects"). The Projects are Qualiffing Facilities ("QFs") under the Public Utility Regulatory
Policies Act of 1978 ("PURPA"). The Projects are subject to existing Firm Energy Sales
Agreements, as amended ("FESAs") with Rocky Mountain Power. The Commission approved
the FESAs in Case Nos. PAC-E-I1-03 and PAC-E-I l-05 and though IPUC Order 32419.
4. Meadow Creek claims a direct and substantial interest in this proceeding because
if accepted, some or all the proposals in Idaho Power's Application, including the proposal to
impose new wind integration charges on projects with existing FESAs, could have a material
adverse economic impact on the Projects. Although Rocky Mountain Power is not currently a
party to this proceeding, Idaho Power's Application raises important legal issues, including
whether an additional wind integration charge may be imposed on wind projects with existing
FESAs. The outcome of these legal issues may impact Meadow Creek's Projects even if Rocky
Mountain Power does not intervene in this proceeding. In addition, in Meadow Creek's
experience, proceedings such as this, even if initiated only by Idaho Power, have an impact on
surrounding wind farm development and operation, including the ability to obtain financing.
MEADOW CREEK PROJECT COMPANY LLC PETITION TO INTERVENE -Page2
Case No. IPC-E-13-22
5. To protect its interests, Meadow Creek requests an opportunity to fully participate
as a party in this proceeding and in any hearing, including, as necessary, to submit legal briefing,
conduct discovery, file motions and pleadings, provide written and oral argument, introduce
evidence, call and examine witnesses, and cross-examine witnesses, on the issues raised by Idaho
Power's Application. Given the nature and complexity of issues presented by Idaho Power's
Application, Meadow Creek requests that the Commission schedule a technical hearing,
preceded by an appropriate period during which discovery may be conducted.
6. Meadow Creek's participation in this case will not unduly expand the issues or
prejudice any party.
Accordingly, Meadow Creek respectfully requests that the Commission grant this
Petition to Intervene and authorize Meadow Creek to participate in the above-entitled proceeding
with full rights as a formal party.
DATED this 21't day of January 2014.
GIVENS PURSLEY LLP
Attorneys for Meadow Creek Project Company LLC
MEADOW CREEK PROJECT COMPANY LLC PETITION TO INTERVENE - Page 3
Case No. IPC-E-13-22
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have on this 21't day of January 2014, served the foregoing
upon all parties of record in this proceeding, by delivering an original and seven copies upon:
Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
472W. Washington
Boise, lD 83702
And by mailing a copy thereof, properly addressed with postage prepaid, to:
Donovan E. Walker
Julia A. Hilton
Idaho Power Company
l22l W.Idaho St.
P.O. Box 70
Boise,lD 83702
Dean J. Miller
McDEVITT & MILLER LLP
P.O. Box 2564-83701
Boise, lD 83702
Rick Koebbe, President
Idaho Winds LLC
5420 W. Wicher Rd.
Glenns Ferry, ID 83623
MEADOW CREEK PROJECT COMPANY LLC PETITION TO INTERVENE -Page 4
Case No. IPC-E-13-22