20180307Objection.pdf

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n E. Walker
An IDACORP Company
1221 W. ldaho St. (83702)
P.O. Box 70
Boise, lD 83707
March 7,2018
VIA HAND DELIVERY
Diane Hanian, Secretary
ldaho Public Utilities Commission
472 West Washington Street
Boise, ldaho 83702
Re Case No. IPC-E-17-13
New Schedules for Residential and Small General Service Customers with
On-Site Generation - ldaho Power Company's Objection to Vote Solar's
Motion to File Testimony Out-of-Time and/or ldaho Power Company's Motion
to Strike the Reply Testimony of Rick Gilliam
Dear Ms. Hanian:
Enclosed for filing in the above matter please find an original and seven (7) copies
of Idaho Power Company's Objection to Vote Solar's Motion to File Testimony Out-of-Time
and/or ldaho Power Company's Motion to Strike the Reply Testimony of Rick Gilliam.
Very yours,
DONOVAN E. WALKER
Lead Counsel
dwa I ker@ i da ho powe r. com
DEW:csb
Enclosures
c
DONOVAN E. WALKER (lSB No. 5921)
LISA D. NORDSTROM (lSB No. 5733)
ldaho Power Company
1221West ldaho Street (83702)
P.O. Box 70
Boise, ldaho 83707
Telephone: [phone]
Facsimile: [phone]
dwalker@ida oDower.com
I n o rd strom @ ida hopower. com
Attorneys for ldaho Power Company
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF IDAHO POWER COMPANY FOR
AUTHORIW TO ESTABLISH NEW
SCHEDULES FOR RESIDENTIAL AND
SMALL GENERAL SERVICE CUSTOMERS
WITH ON-SITE GENERATION
CASE NO. IPC-E-17-13
IDAHO POWER COMPANY'S
OBJECTION TO VOTE SOLAR'S
MOTION TO FILE TESTIMONY
OUT-OF-TIME AND/OR IDAHO
POWER COMPANY'S MOTION TO
STRIKE THE REPLY TESTIMONY
OF RICK GILLIAM
ldaho Power Company ("ldaho Power" or "Company") hereby moves the ldaho
Public Utilities Commission ("Commission") to issue an order denying the Motion of
Vote Solar seeking to untimely submit the March 6, 2018,1 Reply Testimony of Rick
Gilliam. Alternatively, ldaho Power seeks an order striking the proffered reply testimony
of Rick Gilliam on behalf of Vote Solar from the record. The Commission should deny
I Vote Solar electronically served the proffered testimony as well as a Notice of Motion for Leave
to file such testimony at4.21p.m. on Tuesday, March 6, 2018.
IDAHO POWER COMPANY'S OBJECTION TO VOTE SOLAR'S
MOTION TO FILE TESTIMONY OUT-OF-TIME AND/OR IDAHO POWER
COMPANY'S MOTION TO STRIKE THE REPLY TESTIMONY OF RICK GILLIAM - 1
RECEIVED
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Vote Solar's Motion because it is untimely and violates the Commission's Scheduling
Order No. 33901 (setting January 26,2018, as the all-party rebuttal testimony deadline);
Vote Solar was aware of the issues and had ample opportunity to respond to and
present evidence in conformity with the Commission's Order; offering what amounts to
surrebuttal as reply testimony at this late stage of the proceeding (less than two days
before the hearing) is prejudicial and works a hardship upon ldaho Power and other
parties; and the substance of Vote Solar's proffered testimony is more appropriately
pursued as cross-examination during the hearing.
I. BACKGROUND
On July 27, 2017, ldaho Power applied to the Commission for authority to
establish new schedules for residential and small general service customers with on-site
generation. The following 11 parties were granted intervention in the case: Auric Solar,
LLC; City of Boise; ldaho Conservation League; ldaho Clean Energy Association;
ldahydro; lntermountain Wind and Solar, LLC; ldaho lrrigation Pumpers Association,
lnc.; Sierra Cub; Snake River Alliance; NW Energy Coalition; and Vote Solar.
ldaho Power's Application requested a December 31 , 2017, effective date and a
prehearing conference. However, the Commission directed the Company, Commission
Staff ("Staff'), and intervening parties to informally confer about a proposed schedule.
Order No. 33843. As directed, ldaho Power, Staff, and most of the intervening parties,
including Vote Solar, conferred and proposed an agreed upon schedule to the
Commission. The Commission suspended the Company's proposed December 31,
2017, effective date and adopted the parties' proposed schedule. On October 4,2017,
the Commission issued a Notice of Schedule and Notice of Technical Hearing, Order
IDAHO POWER COMPANY'S OBJECTION TO VOTE SOLAR'S
MOTION TO FILE TESTIMONY OUT-OF.TIME AND/OR IDAHO POWER
COMPANY'S MOTION TO STRIKE THE REPLY TESTIMONY OF RICK GILLIAM.2
No. 33901, adopting the parties' recommended case schedule, which set forth the
following deadlines:
DATE ACTIVITY
October 27,2017 Deadline to file dispositive motions
November 10,2017 All party response to dispositive motions
December 22,2017 Staff and lntervenors prefile direct testimony
January 26,2018 All party rebuttal
February 23,2018 Company reply
March 8-9, 2018 Technical hearing
Order No. 33901 at 2. As indicated above, Staff and lntervenors were to file direct
testimony by December 22, 2017, and all parties were to file simultaneous rebuttal
testimony by January 26,2018. Vote Solar filed both direct and rebuttal testimony by
these deadlines.2 The Company was permitted to file reply testimony by February 23,
2018. The schedule does not provide for the filing of reply and/or surrebuttal testimony
by any other party.
II. ARGUMENT
Vote Solar's proffered reply testimony is improper and the Commission should
deny Vote Solar's Motion seeking to admit such testimony at this late stage in the
proceeding. First, as set out above, the Commission's Scheduling Order No. 33901
does not allow for reply testimony for Staff or any intervening parties, including Vote
Solar. The rebuttal testimony deadline for all parties was January 26,2018, and Vote
Solar filed its rebuttal testimony at that time as required. Moreover, Vote Solar is an
2 Vote Solar submitted the direct and rebuttal testimony of Briana Kobor. On February 28,2018,
Vote Solar filed a Notice and Attestation of Rick Gilliam adopting Ms. Kobor's prefiled direct and rebuttal
testimonies.
IDAHO POWER COMPANY'S OBJECTION TO VOTE SOLAR'S
MOTION TO FILE TESTIMONY OUT-OF-TIME AND/OR IDAHO POWER
COMPANY'S MOTION TO STRIKE THE REPLY TESTIMONY OF RICK GILLIAM - 3
intervening party to this proceeding and should not be allowed to circumvent the
Commission's Order by filing untimely reply testimony not contemplated by the
Scheduling Order. All other parties to the proceeding have properly complied with the
Commission's Order and the scheduling deadlines, and there is no compelling reason to
allow Vote Solar to deviate from the same.
Second, despite its claims to the contrary, Vote Solar was fu!!y aware of the
issues; conducted extensive discovery; was granted other accommodations, including
allowing another to adopt the testimony of its witness and to use non-identifying
confidential customer data at hearing. lt could have done load shape and load factor
analysis and submitted the same in conformity with the ordered schedule. Furthermore,
Vote Solar's claim in its Motion that Idaho Power has not provided additional requested
data is not correct. See Motion at 3. ln response to Vote Solar's discovery requests,
ldaho Power provided the exact underlying data used in the analysis Vote Solar was
questioning.3 Vote Solar requested additional data that was not used by the Company
for the analysis, and the Company responded that it was not possible to create the data
Mr. Gilliam requested.
Third, offering reply testimony less than two days before the hearing is prejudicial
and works a hardship upon ldaho Power, Staff, and all other parties' preparation for this
case. As of 2:00 p.m. on March 7,2018, Vote Solar has not provided to ldaho Power
the workpapers in support of its proffered testimony as promised in its Motion on page
one. With hearing starting tomorrow morning, even if workpapers were provided, there
is no way to assess Mr. Gilliam's analysis referenced in his new testimony. Although
Vote Solar claims it is responding to certain items raised for the first time in ldaho
3 Vote Solar's Data Request No. 100.
IDAHO POWER COMPANY'S OBJECTION TO VOTE SOLAR'S
MOTION TO FILE TESTIMONY OUT-OF-TIME AND/OR IDAHO POWER
COMPANY'S MOTION TO STRIKE THE REPLY TESTIMONY OF RICK GILLIAM - 4
Power's reply testimony, it is clear from the initial direct testimony of ldaho Power that
differences in time, nature, and pattern of use by residential and small general service
customers with on-site generation is what is driving the need for separate classes.a
Additional information regarding load factor and load shape was provided by the
Company in direct response to several parties' claims in their prefiled testimony that the
Company did not provide sufficient evidence to show that residential and small general
service customers with on-site generation are different than residential and small
general service customers without on-site generation. The Company provided
information in direct reply to the testimony of these parties, including Vote Solar.s
These issues were not unknown to Vote Solar, as it addressed the same in its prefiled
testimony, and, as stated above, nothing prevented Vote Solar from producing its own
analysis regarding load shape and load factor by the deadlines ordered by the
Commission for the filing of testimony and not waiting until two days before the hearing.
Vote Solar submitted the direct and rebuttal testimony of Briana Kobor, and subsequent
to the January 26,2018, all party deadline for filing rebuttal, Vote Solar filed a Notice
and Attestation of Rick Gilliam on February 28, 2018, adopting Ms. Kobor's prefiled
direct and rebuttal testimonies. Vote Solar cannot now provide additional testimony
from Mr. Gilliam after the ordered deadlines, and less than two days before hearing.
Vote Solar's failure to explore issues related to load factor and load shape within the
required deadlines for direct and rebuttal testimony does not justify its attempt to obtain
special privileges through the filing of supplemental, untimely reply testimony from a
a Aschenbrenner Dl, p.25,1. 19 - p 26,1. 12, p. 36, ll. 10-14.
sLevin Dl, p.7, ll.9-10; KoborDl, p.32, ll. 18-p.33, ll.5; Donohue Dl, p.5, 1.5
IDAHO POWER COMPANY'S OBJECTION TO VOTE SOLAR'S
MOTION TO FILE TESTIMONY OUT-OF-TIME AND/OR IDAHO POWER
COMPANY'S MOTION TO STRIKE THE REPLY TESTIMONY OF RICK GILLIAM .5
new witness; neither can Vote Solar produce a new witness with new testimony after
the deadline for the submission of testimony is passed.
Lastly, the substantive nature of the proffered testimony from Mr. Gilliam is
entirely aimed at criticizing and critiquing Mr. David Angell and Mr. Ahmad Faruqui's
rebuttal testimonies, and stating how Mr. Gilliam disagrees with the same. This type of
information is more appropriate for cross-examination than for special permission and
treatment allowing late-filed testimony. Each question in the proffered testimony is
aimed at Mr. Gilliam saying why he feels Mr. Angell's and Mr. Faruqui's analysis is
improper, what Mr. Gilliam's concerns are with the analysis, and how Mr. Gilliam's
analysis would have been different. lt is not necessary for the Commission to grant
special treatment and grant Vote Solar's extraordinary request to admit new testimony,
from a new witness, just two days before the start of hearing for such information as
proffered by Vote Solar. Vote Solar has the opportunity to fully cross-examine Mr.
Angell and Mr. Faruqui at hearing regarding their analysis from their properly prefiled
testimony, and upon how Mr. Gilliam and Vote Solar disagree with how they conducted
their analysis and how Mr. Gilliam and Vote Solar would do the analysis differently.
ilt. coNcLustoN
For the reasons set forth above, ldaho Power respectfully requests that the
Commission deny the Motion of Vote Solar seeking to untimely submit the March 6,
2018, Reply Testimony of Rick Gilliam and/or striking the proffered Reply Testimony of
Rick Gilliam on behalf of Vote Solar from the record.
Respectfully submitted this 7th day of M 018
E. WALKER
LISA D. NORDSTROM
Attorneys for ldaho Power Company
IDAHO POWER COMPANY'S OBJECTION TO VOTE SOLAR'S
MOTION TO FILE TESTIMONY OUT-OF-TIME AND/OR IDAHO POWER
COMPANY'S MOTION TO STRIKE THE REPLY TESTIMONY OF RICK GILLIAM - 6
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 7th day of March 2018 ! served a true and
correct copy of IDAHO POWER COMPANY'S OBJECTION TO VOTE SOLAR'S
MOTION TO FILE TESTIMONY OUT-OF-TIME AND/OR IDAHO POWER COMPANY'S
MOTION TO STRIKE THE REPLY TESTIMONY OF RICK GILLIAM upon the following
named parties by the method indicated below, and addressed to the following:
Gommission Staff
Sean Costello
Deputy Attorney General
ldaho Public Utilities Commission
472 West Washington (83702)
P.O. Box 83720
Boise, ldaho 83720-007 4
ldahydro
C. Tom Arkoosh
ARKOOSH LAW OFFICES
802 West Bannock Street, Suite 900
P.O. Box 2900
Boise, ldaho 83701
ldaho Conselation League
Matthew A. Nykiel
ldaho Conservation League
102 South Euclid #207
P.O. Box 2308
Sandpoint, ldaho 83864
Benjamin J. Otto
ldaho Conservation League
710 North 6th Street
Boise, ldaho 83702
ldaho Irrigation Pumpers Association, lnc.
Eric L. Olsen
ECHO HAWK & OLSEN, PLLC
505 Pershing Avenue, Suite 100
P.O. Box 6119
Pocatello, ldaho 83205
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Anthony Yankel
12700 Lake Avenue, Unit 2505
Lakewood, Ohio 44107
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IDAHO POWER COMPANY'S OBJECTION TO VOTE SOLAR'S
MOTION TO FILE TESTIMONY OUT-OF-TIME AND/OR IDAHO POWER
COMPANY'S MOTION TO STRIKE THE REPLY TESTIMONY OF RICK GILLIAM .7
Auric Solar, LLC
Preston N. Carter
Deborah E. Nelson
GIVENS PURSLEY LLP
601 West Bannock Street
Boise, ldaho 83702
Elias Bishop
Auric Solar, LLC
2310 South 1300 West
West Valley City, Utah 84119
Vote Solar
David Bender
Earthjustice
3916 Nakoma Road
Madison, Wisconsin 537 1 1
Briana Kobor
Vote Solar
986 Princeton Avenue S
Salt Lake City, Utah 84105
City of Boise
Abigail R. Germaine
Deputy City Attorney
Boise City Attorney's Office
150 North Capitol Boulevard
P.O. Box 500
Boise, ldaho 83701 -0500
ldaho Clean Energy Association
Preston N. Carter
Deborah E. Nelson
GIVENS PURSLEY LLP
601 West Bannock Street
Boise, ldaho 83702
Sierra Glub
Kelsey Jae Nunez
KELSEY JAE NUNEZLLC
920 North Clover Drive
Boise, ldaho 83703
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IDAHO POWER COMPANY'S OBJECTION TO VOTE SOLAR'S
MOTION TO FILE TESTIMONY OUT-OF-TIME AND/OR IDAHO POWER
COMPANY'S MOTION TO STRIKE THE REPLY TESTIMONY OF RICK GILLIAM - 8
Tom Beach
Crossborder Energy
2560 9th Street, Suite 213A
Berkeley, California 947 10
Zack Waterman
Director, ldaho Sierra Club
503 West Franklin Street
Boise, Idaho 83702
Michael Heckler
3606 North Prospect Way
Garden City, ldaho 83714
Snake River Alliance
NW Energy Coalition
John R. Hammond, Jr.
FISHER PUSCH LLP
101 South Capitol Boulevard, Suite 701
P.O. Box 1308
Boise, ldaho 83701
Intermountain Wind and Solar, LLC
Ryan B. Frazier
Brian W. Burnett
KIRTON McCONKIE
50 East South Temple, Suite 400
P.O. Box 45120
Salt Lake City, Utah 84111
Doug Shipley
lntermountain Wind and Solar, LLC
1953 West2425 South
Woods Cross, Utah 84087
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Christa Bearry,Assi
IDAHO POWER COMPANY'S OBJECTION TO VOTE SOLAR'S
MOTION TO FILE TESTIMONY OUT-OF-TIME AND/OR IDAHO POWER
COMPANY'S MOTION TO STRIKE THE REPLY TESTIMONY OF RICK GILLIAM - 9