20140521Petition to Intervene & Comments.pdf

RECEIVq r]
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u r tI ?ffiuctoumt i Us r,r r,,
Peter J. Richardson ISB# 3195
Richardson Adams, PLLC
515 N. 27ft Street
P.O. Box 7218
Boise,Idaho 83702
Telephone: [phone]
Fax: [phone]
peter@richardsonando leary.com
Attorney for Alternative Power Development, Northwest, LLC
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
TN THE MATTER OF IDAHO POWER )
COMPANY'S PETITION TO TEMPORARILY ) CASN NO. IPC.E.14.O9
SUSPEND ITS PURPA OBLIGATION TO
PURCHASE ENERGY GENERATED BY
SOLAR.POWERED QUALIFYING
FACILITIES (QFs)
)
)coruunNTs rN oPPosrrroN BYI
iALTERNATE POWER
i DEVELOPMENT, NORTHWEST, LLC
; AND
) PETITION TO INTERVENE
)
)
)
COMES NOW, Alternate Power Development, LLC and pursuant to that Notice of
Notice of Public Hearing issued on May 19,2014, by the ldaho Public Utilities Commission (the
o'Commission") and hereby provides its Comments in Opposition to the requested suspension of
Idaho Power Company's ("Idaho Power" or the "Company") PURPA obligations.
NEITHER PURPA NOR THE FERC's REGULATIONS (18 C.F.R. PART 292)
AUTHORIZE A STATE TO SUSPEND ELECTRIC UTILITY PURCHASE
OBLIGATIONS UNDER PURPA SECTION 210
Idaho Power's Petition asks the Commission to issue an order temporarily suspending its
obligation under $$ 201 and 210 of the Public Utility Regulatory Policies Act of 1978
("PURPA"). While charged with implementing PURPA, this Commission cannot repeal it, nor
COMMENTS IN OPPOSITION OF ALTERNATE POWER DEVELOPMENT, NORTHWEST, LLC
PAGE.T
can it suspend it. The federal government has completely preempted the field with respect to
mandating utilities' purchase of power under PURPA. FERC v. Mississippi 456U.5.742
(1982). Idaho Power's petition requests relief not authorized under federal law and this
Commission lacks jurisdiction to even entertain such a request.
THE COMMISSION CANNOT ORDER AN "APPROPRIATE" SOLAR INTEGRATION
CHARGE BECAUSE THERE IS NO RECORD TO SUPPORT SUCH AN ORDER
While FERC preempts this Commission's authority with respect to a utility's obligation
to purchase, PURPA specifically delegated to the states the power to implement that obligation
by administratively determining avoided cost rates. Those rates must be just and reasonable and
in the public interest. l8 C.F.R.$ 29230a@)(i). Idaho Power has not proposed a solar
integration rate in this docket. The Company makes assertions in its Petition and the unsworn
and unexamined testimony of its witnesses that need to be thoroughly vetted by the Commission
and other parties. Such unsworn and unexamined factual assertions do not constitute a record
upon which the Commission can make a fair, just and reasonable finding.
A SUSPENSION OF IDAHO POWER'S PURPA OBLIGATION TO PURCHASE
SOLAR QF ENERGY IS CONTRARY TO THE IDAHO GOVERNOR'S ASSERTED
POLICY OF PROMOTING THE DEVELOPMENT OF THE SAME
At this web address, http://www.voutube.com/watch?v=sZvlgOHip14
is a recording may by ldaho Governor C.L. 'Butch' Otter explaining why renewable projects
such as solar and wind are beneficial to ldaho's economy. Suspending Idaho Power's obligation
to purchase solar energy under PURPA runs counter to that policy enunciated by the State's
chief executive.
COMMENTS IN OPPOSITION OF ALTERNATE POWER DEVELOPMENT, NORTHWEST, LLC
PAGE.2
PETITION TO INTERVENE
Alternate Power Development, Northwest, LLC, is an [daho limited liability company in
the business of, inter alia, developing solar, and other renewable resource electric generating
projects for sale to electric utilities under PURPA. As such it is interested in the outcome of this
proceeding and seeks an order from the Commission granting it status as a party with all of the
rights appurtenant thereto.
Correspondence and pleadings relating to Alternate Power Developments' participation
in this matter should be addressed to Mr. Richardson and Mr. Robert Paul at the address noted
above.
Wherefore it is respectfully requested that this Petition to Intervene by Alternate Power
Development, Northwest, LLC be granted and that ldaho Power's Petition to Suspend be denied
and its request to add a solar charge provision in contracts be denied until and unless such a
charge can be determined to be fair, just and reasonable.
Respectfully submitted this 2l$ day of May 2014.
zuCFI,ARDSON AND O'LEARY, PLLCP4&
Peter J. Richardson (lSB No: 3195)
Attorney for Alternate Power Development,
Northwest, LLC
COMMENTS IN OPPOSITION OF ALTERNATE POWER DEVELOPMf,NT, NORTHWEST, LLC
PAGE-3
CERTIFICATE OF SERYICE
I HEREBY CERTIFY that on the 2lst day of May 2014, a true and correct copy of the
within and foregoing COMMENTS IN OPPOSITION BY ALTERNATE POWER
DEVELOPMENT, NORTHWEST, LLC was served by ELECTRONIC MAIL and HAND
DELIVERY, tO:
Donovan E. Walker
Idaho Power Company
l22l West Idaho Street
Boise, Idaho 83707-0070
dwalker@ idahopower.com
[e-mail]
COMMENTS IN OPPOSITION OF ALTERNATE POWER DEVELOPMENT, NORTHWtrST, LLC
PAGf,-4