20150424Petition to Intervene.pdf

Teresa A. Hill
ISB No. 6175
K& Gates, LLP
222 Columbia St., Suite 1400
Portland, OR 97201
Te lephone : (208)850 -7 24 4
Fax: [phone]
Attorney for EnerNOC, Inc.
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
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Case No. IPC-E-15-03
PETITION TO INTERVENE
OF ENERNOC, INC.
55
TN THE MATTER OF IDAHO POWER
COMPANY'S APPLICATION FOR
APPROVAL OF NEW TARIFF SCHEDULE 82,
A COMMERCIAL AND INDUSTRIAL
DEMAND-RESPON SE PROGRAM (FLEX
PEAK PROGRAM)
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ENERNOC, INC. ("EnerNOC") hereby petitions the Commission for leave to intervene in the
above title proceeding pursuant to Rules 7l through 75 of the Commission's rule of Practice and
Procedure, IDAPA 31.01.01 .072-075.In support of this Petition, EnerNoc submits the following:
l. The name and address of EnerNOC, Inc. is:
Melanie Gillette
Director, Regulatory Affairs
EnerNOC,lnc.
I l5 Hazelmere Drive
Folsom, CA 95630
Telephone: (9 I 6)50 1 -9573
Fax: [phone]
rn gil [e-mail]
2. EnerNOC's representative for the purpose of service of pleadings and other written
materials is:
Teresa A. Hill
K& Gates, LLP
222 Columbia St., Suite 1400
Portland, OR 97201
Telephone : [phone]
Fax: [phone]
teresa. hi I [e-mail]
3. EnerNOC is a leading developer and provider of clean and intelligent power solutions to
commercial, institutional, and industrial costumers, as well as electric power grid operators and utilities.
EnerNOC's technology-enabled demand response and energy management solutions help optimize the
balance of electric supply and demand. EnerNOC serves demand response customers throughout the
Northeastern United States, as well as Arizona, Australia, California, Canada, Colorado, Florida, Idaho,
New Mexico, New Zealand, Oregon, the Tennessee Valley, Texas, Utah and the United Kingdom.
EnerNOC maintains 398 fulltime employees in its Boise, Idaho field office.
EnerNOC contracted with ldaho Power to manage the FlexPeak Management Program
("FlexPeak Program") pursuant to a February 23,2009 Demand Response Agreement ("Agreement")(as
amended pursuant to Orders 31098 and 32805), under which Idaho Power provided a voluntary demand
response program for its large commercial and industrial customers. On May 9,2013, the Commission
issued Order No. 32805 implementing changes to the FlexPeak Program for the 2013 season. The
Agreement expired in February 2014. This program served ldaho Power customers in both Oregon and
Idaho.
4. On April 15, 201 5, Idaho Power submitted Redacted Reply Comments in response to the Notice
of Application and Notice of Modified procedure issued in Order No. 33242 and in response to the
Comments filed on April 8, 2015 by the Commission Staff, the Industrial Customers of ldaho Power
(*ICIP") and the ldaho Conservation League ("lCL"). A redacted section of Idaho Power's Redacted
Reply Comments found on page 6 refers to EnerNOC's 2014 Request for Proposal and EnerNOC's
management of the FlexPeak Program over the last six years.
5. EnerNOC has a direct and substantial interest in this proceeding because EnerNOC managed the
FlexPeak Program for the last six years and continues to provide similar services to other customers in
Idaho. As mentioned above, Idaho Power's Redacted Reply Comments contains a redacted section related
to EnerNOC's2014 Request for Proposal and EnerNOC's management of the FlexPeak Program;
however, EnerNOC is unable to evaluate such information because it does not have access to the original
copy of Idaho Power's Reply Comments. Until EnerNOC is able to obtain the redacted information, it
cannot identifu the affect or evaluate the impact of such information. Further, the outcome of this
proceeding and the continuation or modification of Idaho Power's demand response programs will have a
direct affect on EnerNOC's future contracts.
6. EnerNOC intends to obtain an original copy of Idaho Power's Reply Comments and continue
monitoring the proceedings as aparty.EnerNOC acknowledges that Idaho Power has asked the
Commission to issue an Order by May 1,2015, and does not intend for this Petition to delay the
proceeding. However, if necessary, EnerNOC will raise issues that are appropriate based upon the
information it discovers in ldaho Power's Redacted Comments. Further, no other party can adequately
address EnerNOC's interests in this proceeding.
WHEREFORE, EnerNOC respectfully requests that the commission grant this Petition to Intervene and
authorize EnerNOC to participate in the above-entitled proceeding with the full rights of a formal party.
DATED this 24th day of April,2015.
K&L Gates, LLP
,rd
Teresa A. Hill
Attorney for EnerNOC, Inc.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 24TH DAY OF APRIL 2015, SERVED THE
FOREGOING PETITION TO INTERVEI\TE, IN CASE NO. IPC-E-I5-03, BY EMAILING AND
MAILING A COPY THEREOF, POSTAGE PREPAID, TO THE FOLLOWING:
Commission Staff
KARL T. KLEIN
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
472 WEST WASHTNGTON (83702)
PO BOX 83720
BOISE, tD 83720-0074
Email : [e-mail]. gov
Idaho Power Company
LISA D. NORDSTROM
REGULATORY DOCKETS
IDAHO POWER COMPANY
PO BOX 70
BOISE, tD 83707-0070
Email: [e-mail]
dockets@ idahopower.com
Industrial Customers of Idaho Power
PETERJ. RICHARDSON
GREGORY M. ADAMS
RICHARDSON ADAMS PLLC
PO BOX 72r8
BOISE, ID 83702
Emai I : [e-mail]
sre g@richardsonadam s.com
DR. DON READING
6070 HILL ROAD
BOISE,ID 83703
Email: [e-mail]
Idaho Conseration League
BENJAMTN J. OTTO
IDAHO CONSERVATION LEAGUE
710 NoRTH 6TH STREET (83702)
PO BOX 844
BOISE,ID 8370I
Emai I : [e-mail]
Kate Neiman, Legal Assistant