20171016Stipulated Motion.pdf

-J
=CD
E,(f
C. Tom Arkoosh, ISB No. 2253
ARKOOSH LAW OFFICES
802 W. Bannock Street, Suite 900
P.O. Box 2900
Boise, ID 83701
Telephone: [phone]
Facsimile: [phone]
Email: tom.arkoosh@)arkoosh.conr
rrr: i1l:l\tl':[1l.l---,,-l!r-v
,ij,."."i !5 Fil 3: 59
Attorneys for Shorock Hydro, Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF IDAHO POWER COMPANY FOR
APPROVAL OR REJECTION OF AN
ENERGY SALES AGREEMENT WITH
SHOROCK HYDRO, INC., FOR THE SALE
AND PURCHASE OF ELECTRIC
ENERGY FROM THE ROCK CREEK 1
HYDRO PROJECT.
Case No. IPC-E-17-14
STIPULATED MOTION
COMES NOW Idaho Power Company ("Idaho Power"), by and through its counsel of
record, Donovan E. Walker, of counsel, and Shorock Hydro, [nc. ("Shorock Hydro"), by and
through its counsel of record, C. Tom Arkoosh of Arkoosh Law Offices, and hereby stipulate and
agree that the Idaho Public Utilities Commission ("Commission") issue the order prayed for
herein.
I.
INTRODUCTION
On September 28,2Ol7,Idaho Power filed an Application for Approval or Rejection of
an Energy Sales Agreement ("ESA") executed between Idaho Power and Shorock Hydro. The
ESA is a standard, published avoided cost rate contract entered into pursuant to the
Commission's implementation for the state of Idaho of the Public Utility Regulatory Policies Act
of 1978 ("PURPA").
)
)
)
)
)
)
)
)
)
STIPULATION - Page 1
As set forth in the Application Shorock Hydro objects to the inclusion in the ESA of
provisions relating to Surplus Energy ("90Vo/Ll0Vo") and provisions of the ESA, Generator
Interconnection Agreement ("GIA"), and Schedule 72 relatrng to the payment of Operation and
Maintenance ("O&M") charges. The ESA is a new ESA applicable to an existing project, and is
fully executed by both parties containing the Commission's previously approved provisions
relating to 9O%ollllVo and O&M charges. However, Idaho Power and Shorock Hydro executed
the ESA with the joint understanding that Shorock Hydro's objections to these provisions would
be raised and argued for the Commission's determination in Comments from both parties as part
of the ESA approval/rejection proceedings. Both parties agree to be bound by the executed ESA
with the inclusion of whatever determination the Commission makes with regard to the
90VollloVo and O&M provisions.
Shorock Hydro currently has a PURPA ESA with Idaho Power for the Rock Creek 1
Hydro Project ("Facility") that was executed on October 13, 1981, and expires on January 15,
2018. Shorock Hydro and Idaho Power ("the Parties") have been informed by third parties of
those third parties' desire to intervene in this contract review proceeding, and on October 1,
2lll, the Renewable Energy Coalition filed a Petition to lntervene in this matter, to which Idaho
Power objects. The Parties have been informed by such third parties that they desire to conduct
potentially extensive discovery and request a technical hearing regarding the 9OVolIl)To and
O&M issues, causing the parties to anticipate delay of the outcome of this proceeding before the
Commission, and potentially causing the existing contract to lapse, endangering the designation
of the Rock Creek 1 Hydro Facility as a network resource on Idaho Power's system.
Consequently, the Parties have agreed to address the above concerns by asking the Commission
to bifurcate the approval of the ESA from determination of the 90VollloVo and O&M issues, but
STIPULATION - Page 2
providing that the ESA remain subject to the outcome of a Commission ruling on the 9OVolllOVo
and O&M issues.
II.
MOTION
1. The parties move that the Commission vacate the procedural schedule set forth in
Order No. 33912 and approve the ESA as submitted between the parties with a 2I-
day Modified Procedure comment deadline.
2. Shorock Hydro, either individually or in conjunction with other interested parties, or
other third parties, will subsequently file either an Application or Complaint with the
Commission ("Subsequent Proceeding") to raise and argue objection to the
9O%oll1.lVo and O&M issues. The Parties agree and further move that the 90%olll07o
and O&M provisions of the ESA shall be subject to and conditioned upon the
Commission's determination of those issues in the Subsequent Proceeding such that
the outcome of the Subsequent Proceeding concerning the 9O%ollIOVo and O&M
issues shall bind the parties hereto with regard to the 90VolllO%o and O&M provisions
of the ESA The parties agree to move forward with the ESA as submitted and be
bound by the currently approved and existin g 907olll0%o and O&M provisions of the
signed ESA, unless and until the Commission issues a final order in the referenced
Subsequent Proceeding modifying or changing the same.
STIPULATION - Page 3
DATED this l/d day of october, 2011.
DATED this
-
day of October, 20ll .
ARKOOSH LAW OFFICES
C. Tom Arkoosh
Attorney for Shorock Hydro, Inc
IDAHO POWER COMPANY
Donovan E. Walker
Attorney for Idaho Power Company
STIPULATION - Page 4
DATED tui, l& day of octob er,2oll.
DATED tnis lQ day of october,2ol7.
ARKOOSH LAW OFFICES
C. Tom Arkoosh
Attorney for Shorock Hydro,Inc.
COMPAI{Y
E. Walker
Attorney for ldaho Power Company
STIPULATION - Page 4
CERTIFICATE OF MAILING
I HEREBY CERTIFY that on ,r" -l&ay of Octo ber,ZOlJ,I served a true and correct
copy of the foregoing document(s) upon the following person(s), in the manner indicated:
Original and 7 copies to:
Diane Hanian
Commission Secretary
Idaho Public Utilities Commission
412W. Washington
Boise, ID 83102
Copies to:
Donovan E. Walker
Regulatory Dockets
Idaho Power Company
l22lWest Idaho Street (83702)
P.O. Box 70
Boise, ID 83707
Energy Contracts
Idaho Power Company
l22lWest Idaho Street (83702)
P.O. Box 70
Boise,ID 83707
X U.S. Mail, Postage Prepaid
Overnight Courier
Hand Delivered
Via Facsimile
x E-mail dwalkel @ idahopowercom
dockets @ idahopower.com
U.S. Mail, Postage Prepaid
Overnight Courier
Hand Delivered
Via Facsimile
E-mail
diane.hanian @puc.idaho. gov
U.S. Mail, Postage Prepaid
Overnight Courier
Hand Delivered
Via Facsimile
E-mail
energycontracts @ idahopower.com
X
x
x
x
C. Tom Arkoosh
STIPULATION - Page 5