20180810Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
FROM:EDWARD JEWELL
DEPUTY ATTORNEY GENERAL
DATE: AUGUST 10,2018
SUBJECT:MOTION TO STAY DEADLINES IN THE PETITION OF IDAHYDRO,
sHoRocK HYDRO, INC., J.R. SIMPLOT COMPANY, AND
RENEWABLE ENERGY COALITION FOR MODIFICATION OF THE
9Ol110 PERFORMANCE BAND AND CALCULATION OF OPERATION
AND MAINTENANCE CHARGES FOR PURPA QUALIFYING
FACILITIES, CASE NO. IPC.E.18.O7.
On April 16,2018, Idahydro, Shorock Hydro, Inc., the J.R. Simplot Company, and the
Renewable Energy Coalition jointly petitioned the Commission to modiff, amend, or stay existing
orders or rules, and to clarify rights and obligations implementing Section 210 of the Public
Utilities Regulatory Policy Act of 1978 ("PURPA"), l6 U.S.C. $824a-3 et seq. Specifically,
Petitioners asked the Commission to revisit the 90/l l0 performance band for non-wind Qualifying
Facilities ("QFs"). Petitioners also asked the Commission to modify how Idaho Power calculates
the Operations & Maintenance ("O&M") charges that QFs pay to interconnect their facilities with
Idaho Power under Schedule '72, as approved in Order No. 24025, so Idaho Power only can charge
a QF for the actual O&M costs that Idaho Power incurs to interconnect with that QF's facilities.
The Commission issued a Notice of Petition and Notice of Intervention Deadline on May
8,2018, and an Amended Notice of Petition and Notice of Intervention Deadline on May 30, 2018,
requiring that after the Notice of Parties issued, Commission Staff shall confer with the parties
regarding a procedural schedule for this matter. Tamarack Energy Partnership and Avista Corp.
intervened. The parties have engaged in several rounds of discovery since the filing of the initial
petition. No procedural schedule has been established yet in this proceeding.
As the Commission directed in the Amended Notice of Petition, Staff and the parties met
and conferred regarding structuring and scheduling. Before a scheduling agreement could be
1DECISION MEMORANDUM
reached, Idaho Power announced that it would be filing a cross-petition. The parties thus agreed
to suspend discussions until they had a chance to review the cross-petition.
Idaho Power filed its cross-petition on July 25, 2018. J.R. Simplot Co. then filed an
Unopposed Motion to Stay Proceedings with the IPUC on August 8,2018 that asked "the
Commission [to] issue an order staying all pending deadlines and proceedings in this matter for 28
days or until such time before 28 days that any party moves to lift the stay, and tolling pending
deadlines beginning on the date of this filing."
COMMISSION DECISION
Does the Commission wish to grant the Petitioner's Motion and (l) stay all proceedings
for 28 days from the date of the Commission's Order in this matter, or until the Commission grants
a party's motion to lift the stay; and (2) toll all deadlines for 28 days from the date of the
Commission's Order in this matter?
*4*/(@
Deputy Attorney General
I \Legal\ELECTRIC\lPC-E-l 8-07\McmosUPCEl E07_dec memo_deadline_ej
2DECISION MEMORANDUM