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Home My WebLink About20131219Petition to Intervene.pdfPeter J. Richardson (ISB No. 3195) Gregory M. Adams (ISB No. 7454) Richardson Adams, PLLC 515 N. 27ft Street Boise,Idaho 83702 Telephone: (208) 938-7900 Fax: (208) 938-7904 peter@richardsonadams. com gre g@richardsonadams. com Attomeys for SE Hazelton A, L.P., Fulcrum, Inc., BP Hydro Associates, Bypass Power Company, Inc., and Notch Butte Hydro Company, Inc. rili _,;ir3 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF TARIFF ADVICE NO. 13-05 OF IDAHO POWER COMPANY FOR AUTHORITY TO UPDATE SCHEDULE 86. CASE NO. IPC-E-13-25 PETITTON TO INTERVENE OF SE T{AZELTON A, L.P., FULCRUM,INC., BP HYDRO ASSOCIATES, BYPASS POWER CO., AND NOTCH BUTTE HYDRO COMPANY,INC. Pursuant to IDAPA 31.10.01 .071-.074 and the Notice of Intervention Deadline issued by the Idaho Public Utilities Commission ("Commission") on December 6,2013, SE Hazelton A, L.P., Fulcrum, Inc., BP Hydro Associates, Bypass Power Company, Inc., and Notch Butte Hydro Company, Inc., hereinafter referred to as "Interyenors," hereby petition the Commission for leave to intervene herein and to appear and participate herein as parties, and as grounds therefore states as follows: PETITION TO INTERVENE CASE NO. IPC.E-13-25 PAGE I l. The names and addresses of these Intervenors are: SE Hazelton A, L.P. Fulcrum,Inc. c/o Enel Green Power North America, Inc. c/o Enel Green Power North America, Inc. One Tech Drive, Ste 220 One Tech Drive, Ste220 Andover, MA 01810 Andover, MA 01810 BP Hydro Associates Bypass Power Company, Inc. c/o Enel Green Power North America, Inc. c/o Enel Green Power North America, Inc. One Tech Drive, Ste220 One Tech Drive, Ste220 Andover, MA 01810 Andover, MA 01810 Notch Butte Hydro Company, Inc. c/o Enel Green Power North America, Inc. One Tech Drive, Ste220 Andover, MA 01810 2. This Intervenor will be represented herein by: Peter J. Richardson (ISB No. 3195) Gregory M. Adams (ISB No. 7454) Richardson Adams, PLLC 515 N. 27s Street Boise,Idaho 83702 Telephone: (208) 938-7900 Fax: (208) 938-7904 peter@richardsonadams. com gre g @richardsonadams. com 3. Copies of all pleadings, production requests, production responses, Commission orders and other documents should be provided to Gregory M. Adams as noted above and to: Megan Beauregard Associate General Counsel Enel Green Power North America, Inc. One Tech Drive, Suite 220 Andover, MA 01810 Me gan.Beaure gard@enel. com PETITION TO INTERVENE CASE NO. IPC-E-13-25 PAGE 2 4. These Intervenors are qualified to conduct business in the State of Idaho under applicable provisions of ldaho law. Each Intervenor currently operates a small power production qualifuing facility ("QF") in Idaho selling its output to Idaho Power Company. Each Intervenor has a PURPA contract providing for Idaho Power to purchase the output of that plant. Specifically, SE Hazelton A LP owns Hazelton A project; Fulcrum, Inc., owns the Barber Dam Project; BP Hydro Associates is a general partnership that owns Dietrich Drop, Lowline Rapids and Rock Creek Projects; Bypass Power Company, Inc. owns the Bypass project; and Notch Butte Hydro Company, Inc. owns Notch Butte (also called GeoBon II). 5. One Intervenor, SE Hazelton A, LP, owns and operates the Hazelton A project and sells the output under a Firm Energy Sales Agreement ("FESA") executed in 2010, which contains the Commission-approved90o/olll0% performance band provision. See generally Order No. 29632 at20. That FESA provides for payment at a specified market index rate for "Surplus Energy" deliveries that fall outside of the performance band. This Intervenor's interest could be impacted by this proceeding to the extent that any party attempts to utilize this proceeding to address payments made under that FESA or a replacement market index to be utilized in that FESA. 6. The remaining Intervenors, Fulcrum, Inc., BP Hydro Associates, Bypass Power Company, Inc., and Notch Butte Hydro Company, Inc., each operate a hydro-electric project with a FESA that does not include the Commission-approved90o/olll0% perfiormance band provision. However, these Intervenors' existing FESAs will expire by their terms in the future, and they each intend to execute a replacement FESA under PURPA with Idaho Power Company, or otherwise utilize PURPA to sell their output to Idaho Power Company. The outcome of this proceeding could affect the rates paid to these Intervenors under future FESAs or tariffs. PETITION TO INTERVENE CASE NO. IPC.E.T3-25 PAGE 3 7. Therefore, each of the Intervenors claims a direct and substantial interest in this proceeding because they are QFs that may be impacted by the outcome of this proceeding. 8. This Intervenor intends to participate herein as a party, and if necessary, to introduce evidence, cross-examine witnesses, call and examine witnesses, and be heard in argument. The nature and quality of evidence which this Intervenor will introduce is dependent upon the nature and effect ofother evidence in this proceeding. 9. Without the opportunity to intervene herein, this Intervenor would be without any means of participation in this proceeding which may have a material impact on its ability to enter into PURPA contracts in the State of Idaho. 10. Granting this Intervenor's petition to intervene will not unduly broaden the issues nor will it prejudice any party to this case. WHEREFORE, SE Hazelton A, L.P., Fulcrum, [nc., BP Hydro Associates, Bypass Power Company, Inc., and Notch Butte Hydro Company, Inc., respectfully request that this Commission grant this Petition to Intervene in these proceedings and to appear and participate in all matters as may be necessary and appropriate; and to present evidence, call and examine witnesses, present argument and to otherwise fully participate in these proceedings. PETITION TO INTERVENE CASE NO. TPC-E-13.25 PAGE 4 DATED this 19th day of December, 2013. RICHARDSON ADAMS, PLLC h Kc./- Of Auorneys for SE Hazelton A, L.P., Fulcrum, [nc., BP Hydro Associates, Bypass Power Co., and Notch Butte Hydro Company,Inc. PETITION TO INTERVENE CASE NO. IPC.E.I3-25 PAGE 5 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the l9th day of December, 2013, a true and correct copy of the within and foregoing PETITION TO INTERVENE in DocketNo. IPC-E-13-25 was served in the manner shown to: Donovan Walker Idaho Power Company P.O. Box 70 Boise,ID 83707 dwalker@idahopower. com Greg Said Idaho Power Company P.O. Box 70 Boise,lD 83707 gsaid@idahopower.com _ Hand Delivery X_U.S. Mail, postage pre-paid _ Facsimile _ Electronic Mail _ Hand Delivery _X U.S. Mail, postage pre-paid _ Facsimile Electronic Mail