20170621Unopposed Motion to Suspend Schedule.pdf

Gregory M. Adams (ISB No. 7454)
Peter J. Richardson (ISB No. 3195)
Richardson Adams, PLLC
515 N. 27th Street, 83702
Boise,Idaho
Telephone : [phone]
Fax: [phone]
greg@richardsonadams. com
peter@richardsonadams. com
Attomeys for Clark Canyon Hydro, LLt-
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
oF rDAHO POWER COMPANY TO )
APPROVE ORREJECT ENERGY SALES )
AGREEMENT WITH CLARK CAI\TYON )
HYDRO, LLC, FOR THE SALE AND )
PURCHASE OF ELECTRIC ENERGY )
FROM THE CLARK CAI\"YON PROJECT )
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CASE NO. IPC.E-14-15
UNOPPOSED MOTION TO
SUSPEND PROCEDURAL
SCHEDULE OF CLARK
CANYON HYDRO, LLC
i'.',
i\: -l I
Pursuant to ldaho Public Utilities Commission ("IPUC" or "Commission") Rules
of Procedure 56, IDAPA 31.01.01.056, Clark Canyon Hydro, LLC ("Clark Canyon")
hereby moves the Commission to suspend the procedural schedule in this proceeding to
allow for a meeting between the parties on July 6,2017 prior to filing formal comments
in this matter. Commission Staff and Idaho Power do not oppose this motion.
In June 2014,Idaho Power filed an application for the Commission to approve or
UNOPPOSED MOTION TO SUSPEND PROCEDURAL SCHEDULE
[PC-E-14-15
PAGE I
reject its Energy Sales Agreement ("Agreement") with Clark Canyon. The Agreement
between Idaho Power and Clark Canyon is a contract for the sale and purchase of energy
from the Clark Canyon Project under the Public Utility Regulatory Policies Act
("PURPA"). The Commission issued a Notice of Application and Notice of Modified
Procedure setting deadlines for comments. Order No. 33064. Shortly thereafter, the
Commission granted the parties' joint request to suspend the procedural schedule, based
on discrepancies identified by Commission Staff in Clark Canyon's Federal Energy
Regulatory Commission ("FERC") license. See Order No. 33088. During the
suspension, FERC issued an order, dated March 19,2015, terminating Clark Canyon's
license to construct and operate the hydroelectric facility proposed in the Agreement with
Idaho Power. On March 31,2017, FERC issued a new license to construct and operate
the hydroelectric project, and Clark Canyon thereafter notified ldaho Power of the new
FERC license.
Clark Canyon and Idaho Power met with Staff on May 1 1,2017, to discuss the
status of this matter before the Commission. tdaho Power thereafter filed a joint motion
on behalf of itself, Commission Staff and Clark Canyon to lift the suspension previously
issued in this case in Order No. 33088, and issue a new procedural schedule.
On June 8,2017, the Commission issued Order No. 33782 reactivating the
procedural schedule and setting a deadline for comments due from Clark Canyon and
Idaho Power on June 29 , 2017 , with response comments due July I 3 , 2017 , and reply
comments due July 27,2017.
UNOPPOSED MOTION TO SUSPEND PROCEDURAL SCHEDULE
IPC-E-14-15
PAGE 2
However, in the days after issuance of Order No. 33782, Clark Canyon retained
undersigned counsel to represent it in this matter. After discussions with Idaho Power
and the Commission Staff, Clark Canyon now believes that another meeting between the
parties is warranted to better understand the parties' positions and discuss possible
resolution of any disputed issues prior to filing of comments with the Commission. The
parties have scheduled a meeting on July 6,2017. Therefore, Clark Canyon moves the
Commission to suspend the procedural schedule.
Dated June H, 2017
By:
M. Adams (ISB No. 7454)
Adams, PLLC
515 N. 27th Street
Boise,lD 83702
Telephone: 208.938.223 6
Fax: [phone]
greg@richardsonadams. com
I-INOPPOSED MOTION TO SUSPEND PROCEDURAL SCHEDULE
IPC-E-14-15
PAGE 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 21't day of June, a true and correct copy of the foregoing
UNOPPOSED MOTION TO SUSPEND PROCEDURAL SCHEDULE BY CLARK CANYON
HYDRO, LLC in Docket No. IPC-E-14-15 was served by electronic mail and United States
Mail, postage prepaid, to:
Diane Hanian (hand delivery)
Idaho Public Utilities Commission
472 W . Washington Street
Boise, ID 83702
[e-mail]. gov
Daphne Huang
Deputy Attorney General
Idatro Public Utilities Commission
472 W . Washington Street
Boise,ID 83702
daphne.huang@puc. idaho. gov
Kandi Walters
Donovan Walker
Idaho Power Company
l22l W.Idaho Street
Boise,ID 83702
dwalker@ idahopower. com
[e-mail]