20131220Petition to Intervene.pdf

Peter J. fuchardson (ISB No. 3195)
Gregory M. Adams (ISB No. 7454)
Richardson Adams, PLLC
515 N.27n Street
Boise,Idaho 83702
Telephone: [phone]
Fax: [phone]
peter@richardsonadams. com
gre g@richardsonadams. com
Attorneys for Cassia Wind Farm, LLC
BEFORE THE
TDAHO 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-T3-25
PETITION TO INTERVENE
OF CASSIA WIND FARM, LLC
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, Cassia Wind
Farm, LLC, hereinafter referred to as o'Intervenoro" hereby petitions the Commission for leave to
intervene herein and to appear and participate herein as a party, and as grounds therefore states
as follows:
l The name and address of this Intervenor is:
Cassia Wind Farm, LLC
c/o Exelon Wind LLC
4601 Westown Parkway, Ste. 300
West De Moines, Iowa 50266
CASSIA WIND FARM, LLC INTERVENTION
CASE NO. IPC-E-13.25
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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: [phone]
Fax: [phone]
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 Peter Richardson as noted above and to:
Paul Ackerman
Assistant General Counsel
Exelon Business Services Corporation
100 Constellation Way
Baltimore, MD 21202
4. This Intervenor is qualihed to conduct business in the State of Idaho under
applicable provisions of Idaho law. This Intervenor currently operates Cassis
Wind Farm, LLC, ("Plant") a small power production qualiffing facility ("QF") in Idaho selling
its output to Idaho Power Company. This Intervenor has a PURPA contract providing for Idaho
Power to purchase the output of the Plant.
5. This Intervenor sells the output under a Firm Energy Sales Agreement ("FESA")
executed in 2006, which contains the Commission-appro v ed 90%ol I I 0% performance band
provision. See generally Order No. 29632. That FESA provides for payment at a specified
market index rate for "Surplus Energy" deliveries that fall outside of the performance band. This
lntervenor's interest could be impacted by this proceeding to the extent that any party attempts to
CASSIA WIND FARM, LLC INTERVENTION
CASE NO. IPC-E-13-25
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utilize this proceeding to address payments made under that FESA or a replacement market
index utilized in that FESA.
6. Therefore, this Intervenor claims a direct and substantial interest in this
proceeding because it is a QF that may be impacted by the outcome of this proceeding.
7. This lntervenor 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 of other evidence in this proceeding.
8. 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.
9. Granting this Intervenor's petition to intervene will not unduly broaden the issues
nor will it prejudice any party to this case.
WHEREFORE, Cassia Wind Farm, LLC respectfully requests that this Commission
grant its 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.
DATED this 20th day of December, 2013.
RICHARDSON ADAMS, PLLC
By
Of Attomeys for Cassia Wind Farm, LLC
CASSIA WIND FARM, LLC INTERVENTION
CASE NO. IPC-E-13-25
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 20th day of December, 2013, a true and correct copy of
the within and foregoing PETITION TO INTERVENE BY THE CASSIA WIND FARM, LLC,
Case No. IPC-E-13-25, was served by electronic mail and hand delivery, to:
Donovan Walker
Idaho Power Company
1221 West Idaho Street (83702)
PO Box 70
Boise, Idatro 837 07 -007 0
dwalker@ idahopower. com
Greg Said
Idaho Power Company
l22l West Idaho Steet (83702)
PO Box 70
Boise, Idalro 837 07 -007 0
[e-mail]
CASSIA WIND FARM, LLC INTERVENTION
CASE NO. IPC-E-13-25
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