20171019Motion in Opposition.pdf

3Iffi*.
An IDACORP Company
DONOVAN E. WALKER
Lead Counsel
[e-mail]
October 19,2017
VIA HAND DELIVERY
Diane M. Hanian, Secretary
!daho Public Utilities Commission
472 West Washington Street
Boise, ldaho 83702 c.; l
Re Case No. IPC-E-17-14
Shorock Hydro, lnc. - Rock Creek 1 Hydro Project
ldaho Power Company's Motion in Opposition to Renewable Energy
Coalition's Petition to Intervene
Dear Ms. Hanian:
Enclosed for filing in the above matter please find an original and seven (7)
copies of ldaho Power Company's Motion in Opposition to Renewable Energy
Coalition's Petition to lntervene.
Ve ly yours,
r
Donovan E. Walker
DEW:csb
Enclosures
1221 W. ldaho St. (83702)
P.O. Box 70
Boise, lD 83707
DONOVAN E. WALKER (lSB No. 5921)
ldaho Power Company
1221West ldaho Street (83702)
P.O. Box 70
Boise, ldaho 83707
Telephone: [phone]
Facsimile: [phone]
dwalker@ idahopower. com
Attorney for ldaho Power Company
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
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IN THE MATTER OF THE APPLICATION
OF IDAHO POWER TO APPROVE OR
REJECT lTS 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
IDAHO POWER COMPANY'S
MOT]ON IN OPPOSITION TO
RENEWABLE ENERGY
COALITION'S PETITION TO
INTERVENE
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ldaho Power Company ("ldaho Power" or "Company"), pursuant to RP 75,
hereby moves the ldaho Public Utilities Commission ("Commission") to issue an order
denying the Petition to lntervene filed by the Renewable Energy Coalition ('REC") in this
proceeding.
ln support of this Motion, ldaho Power states as follows:
1. On October 12, 2017, REC filed a Petition to lntervene in Case No.
!PC-E-17-14. ldaho Power hereby objects to the intervention of REC in the present
case, which asks for a Commission determination either approving or rejecting Shorock
Hydro, lnc.'s ("Shorock Hydro") contract with ldaho Power. This objection is filed
IDAHO POWER COMPANY'S MOTION IN OPPOSITION TO
RENEWABLE ENERGY COALITION'S PETITION TO INTERVENE - 1
pursuant to Rule 75, which states, "Any party opposing a petition to intervene must do
so by motion in opposition filed within seven (7) days after receipt of the petition to
intervene...."
2. REC's Petition should be denied because (1) it is not appropriate for REC
to advocate its own issues in the context of the Commission's approval or rejection of a
contract between two other parties, (2) REC has other appropriate opportunities and
procedures before this Commission with which to address its own issues, and (3) REC's
involvement with this case will cause additional and detrimental delay, as well as
unnecessary confusion of the issues.
3. None of REC's members currently have a contract either pending review
and approval before the Commission, nor in negotiations with ldaho Power, that
implicates issues related to 9Oo/ol11Oo/o and operations and maintenance ("O&M") fees.
Counsel for REC has informed ldaho Power and Shorock Hydro that REC intends to
conduct discovery and to possibly request a technical hearing and present witness
testimony. REC would not agree to accept the procedural schedule set forth by the
Commission, with a comment deadline of October 31, 2017, reply deadline of
November 21, 2017 , and sur-reply deadline of December 5, 2017 , as directed in Order
No. 33912 (October 12,2017).
4. On October 16, 2017,ldaho Power and Shorock Hydro filed a Stipulated
Motion with the Commission, asking the Commission to bifurcate the approval of the
Energy Sales Agreement ("ESA") from its determination of the 90%/110o/o and O&M
issues. ldaho Power and Shorock Hydro asked that the procedural schedule from
Order No. 33912 be vacated and that the Commission approve the submitted ESA with
a 21-day, Modified Procedure comment deadline. ldaho Power and Shorock Hydro
IDAHO POWER COMPANY'S MOTION IN OPPOSITION TO
RENEWABLE ENERGY COALITION'S PETITION TO INTERVENE - 2
additionally stipulated that Shorock Hydro, either individually or in conjunction with other
interested parties, will subsequently file either an application or complaint with the
Commission to raise and argue objection to the 9Oo/o1110% and O&M issues. ldaho
Power and Shorock Hydro asked that those related provisions from Shorock Hydro's
ESA be governed by the Commission's ultimate determination from such subsequent
proceedings. The Stipulated Motion is on the agenda for the Commission's decision
meeting on October 19,2017, the same day this Motion in Opposition to REC's Petition
to lntervene is due. Commission Staff has no objection to the Stipulated Motion and
recommends the 21-day, Modified Procedure comment period, with a 14-day reply.
Should the Commission approve the Stipulated Motion, REC's intervention in this
contract case proceeding should be denied as REC will have the subsequent
proceeding with which to weigh in on its interests/concerns regarding 9Oo/ol110o/o and
O&M issues.
5. REC has other more appropriate forums before the Commission with
which to address any issues it may have with its members' Public Utility Regulatory
Policies Act of 1978 ("PURPA') contracts. As stated above, any particular interest in
90o/ol110o/o and O&M issues is more appropriately addressed in a subsequent
proceeding initiated by Shorock Hydro, REC, or any other party that either seeks a
change to the Commission's implementation of PURPA (by petition or application) or
alleges ldaho Power is not properly applying the same to their proposed or existing
Qualifying Facility ("QF') (by complaint). Additionally, should any member QF of REC
request a PURPA contract with ldaho Power, such contract would have its own
proceeding before this Commission for the approval or rejection of its terms, conditions,
and pricing. lt is not appropriate, however, for REC to advocate its own issues in the
IDAHO POWER COMPANY'S MOTION IN OPPOSITION TO
RENEWABLE ENERGY COALITION'S PETITION TO INTERVENE - 3
context of the Commission's approval or rejection of a contract between two other
parties, ldaho Power and Shorock Hydro. REC has other more appropriate avenues to
raise and address issues affecting its members rather than the proceeding specific to
Shorock Hydro's contract.
6. Lastly, REC's involvement in Shorock Hydro's contract review case will
cause unnecessary delay to the process. Given ldaho Power and Shorock Hydro's
Stipulated Motion, if approved by the Commission, the only remaining issue is whether
the Commission will approve a published rate, standard PURPA contract between ldaho
Power and Shorock Hydro, which is of no relevance to REC. Shorock Hydro's project,
Rock Creek 1 Hydro, is an existing project with a previously approved 3S-year contract
that runs its term and expires on January 15, 2018. REC has represented to ldaho
Power and Shorock Hydro that it intends to seek discovery as well as a possible
technical hearing, and would not agree to a modified procedure process that would
conclude prior to the end of 2017. As such, the proposed intervention will result in delay
to the proceedings, which has potentially detrimental consequences for Shorock Hydro
should the proposed ESA not be approved prior to January 15,2018, when its existing
contract terminates.
REQUEST FOR RELIEF
WHEREFORE, ldaho Power respectfully requests that the Commission issue an
order denying the Renewable Energy Coalition's Petition to lntervene in this matter.
Respectfully submitted at Boise, ldaho, this 19th day of October 2017.
D R
Attorney for ldaho Power Company
IDAHO POWER COMPANY'S MOTION IN OPPOSITION TO
RENEWABLE ENERGY COALITION'S PETITION TO INTERVENE - 4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 19th day of October 2017 ! served a true and
correct copy of IDAHO POWER COMPANY'S MOTION lN OPPOSITION TO
RENEWABLE ENERGY COALITION'S PETITION TO INTERVENE upon the following
named parties by the method indicated below, and addressed to the following:
Commission Staff
Daphne Huang
Deputy Attorney General
ldaho Public Utilities Commission
472 West Washington (83702)
P.O. Box 83720
Boise, ldaho 83720-007 4
Shorock Hydro, lnc.
C. Tom Arkoosh
ARKOOSH LAW OFFICES
802 West Bannock Street, Suite 900
P.O. Box 2900
Boise, ldaho 83701
Renewable Energy Coalition
Gregory M. Adams
Peter J. Richardson
RICHARDSON ADAMS, PLLC
515 North 27th Street
Boise, ldaho 83702
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x Email daphne.huanq puc.idaho.qov
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Christa Bearry,
IDAHO POWER COMPANY'S MOTION IN OPPOSITION TO
RENEWABLE ENERGY COALITION'S PETITION TO INTERVENE - 5