20200630Wood Hydro Answer.pdf

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i$iil JUH 30 Att g:21C. Thomas Arkoosh, ISB No. 2253
ARKOOSH LAW OFFICES
802 W. Bannock Street, Suite LP 103
P.O. Box 2900
Boise,ID 83701
Telephone: [phone]
Facsimile: [phone]
Email : tom. arkoosh@ arkoosh.com
Admin copy: stacie. foor@.arkoosh. com
Attorney for Ted Sorenson
IN THE MATTER OT THE APPLICATION
OF IDAHO POWER COMPANY FOR
APPROVAL OR REJECTION OF AN
ENERGY SALES AGREEMENT WITH BIG
WOOD CANAL COMPAI\Y FOR TIIE
SALE AI\D PURCHASE OF ELECTRIC
ENERGY FROM THE SAGEBRUSII
HYDRO PROJECT
BEFORE THE IDAHO PTIBLIC UTILITIES COMMISSION
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CaseNo. IPC-E-I9-38
ANSWER TO STAFF'S
ANSWER TO IDAHO
POWER COMPAI\Y'S
MOTION FOR APPROVAL
OF FIRST AMENDMENT
TO ENERGY SALES
AGREEMENT OR
ALTERNATIVELY FOR
CLARIFICATION AI\ID/OR
RECONSIDERATION
COMES NOW, Ted Sorenson of Wood Hydro LLC, a real interest herein, by and through
counsel of record of Arkoosh Law Offices, provides the following answer to Staffs Answer to
Idaho Power Company's Motionfor Approval of First Amendment to Energt Sales Agreement or
Alternativelyfor Clartfication and/or Reconsideration flJLed on June 25,2020.
PROCEDURAL HISTORY
On or about December 9, 2019, Idaho Power Company ("Idaho Power") filed an
Application seeking approval or rejection of an Energy Sales Agreement with Big Wood Canal
Company for the sale and purchase of electric energy from the Sagebrush hydro project.
ANSWER TO STAFF'S ANISWER TO IDAHO POWER COMPAI\Y'S MOTION FOR
APPROVAL OF FIRST AMENDMENT TO ENERGY SALES AGREEMENT OR
ALTERNATIVELY FOR CLARIFICATION AI\D/OR RECONSIDERATION - 1
On or about January 10,2020, the Commission issued its Notice of Application and Notice
of Modified Procedure. Following, on May 28,2020, the Commission issued Order No. 34677
approving the Energy Sales Agreanent ("ESA") contingent upon certain modifications to it being
implemented.
On or about July 18, 2020,Idaho Power moved for Approval of the First Amendment to
Energt Sales Agreement in Compliance with Order No. i4677, or, Alternatively, for Clarification
and/or Reconsideration.
Thereafter, Staff filed anAnswer to ldaho Power Company's Motionfor Approval of First
Amendment to Energt Sales Agreement or Alternativelyfor Clarification and/or Reconsideration.
("Answef').
The Answer seeks the following affirmative relief,
Ensure that it complies with Order No. 34677, does not interfere
with other required provisions included in the ESA, and complies
with previous Commission orders. Staff also wishes to determine
whether the rate structure proposed by the First Amendment will
make measuring compliance with 90/110 requirements difficult.
Staff also desires to determine whether the provisions of the First
Amendment will prevent the Seller from receiving immediate
capacity payments for generation from the incremental145 kW of
capacity.
Thus, the Answer is in fact a cross petition for reconsideration under the Commission's
Rule 331 because it seeks affirmative relief. IDAPA 31.01.01.331. Therefore, this instant pleading
is an answer to the Staff s cross petition.
AIISWER TO CROSS PETITION
The Staff seeks to engage the Commission to determine what it already knows or should
know. The Staff seeks to ensure that Order No. 34677;
1. Does not interfere with other required provisions in the ESA;
AI\SWER TO STAFF'S AI\SWER TO IDAHO POWER COMPAI\IY'S MOTION FOR
APPROVAL OF FIRST AMEI\DMENT TO ENERGY SALES AGREEMENT OR
ALTERNATIVELY FOR CLARIFICATION AI\D/OR RE CONSIDERATION . 2
2. Complies with previous Commission orders;
3. Whether the rate structure proposed by the first amendment will make measuring
compliance with 90/110 requirements difficult; and
4. Whether the provision of the first amendment will prevent the seller from receiving
immediate capacity payments for generation from the incremental145 kW capacity.
Items one and two are determinations the Staffcan make without discovery and on the
record either by reading the ESA, or by comparing other PUC orders. Interestingly, no PUC
orders have been identified in the Staff s Answer.
Iterns three and four can be determined by a phone call from Staff to technical staffof
Idaho Power. Counsel for Idaho Power, has represented to this counsel that he made an inquiry
of technical staffprior to drafting the pending amendment to the ESA allowing Idaho Power to
insure itself that its metering processes would make Order No. 34677 functional.
DATED this 29th day of June 2020.
Arkoosh Law Office
C. Tom Arkoosh
Attorney for Ted Sorenson
AI\SWER TO STAFF'S ANISWER TO IDAHO POWER COMPAI\IY'S MOTION FOR
APPROVAL OF FIRST AMENDMENT TO ENERGY SALES AGREEMENT OR
ALTERNATIVELY FOR CLARIFICATION AND/OR RECONSIDERATION . 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the29thday of June,2020,I served a true and correct copy
of the foregoing document(s) upon the following person(s), in the manner indicated:
Donovan E. Walker
Regulatory Dockets
Idaho Power Company
P.O. Box 70
Boise,ID 83707-0070
Email: dwalker@ idahopower.com
[e-mail]
David Stephenson
Big Wood Canal Co
409 N. Apple Street
Shoshone, ID 83352
Email : davidstephenson(a)cableone.net
Energy Contracts
Idaho Power Company
P.O. Box 70
Boise,ID 83707-0070
Email : enereycontracts@ idahopower.com
John R. Hammon, Jr,
Deputy Attomey General
Idaho Public Utilities Commission
P.O. Box 83720
Boise, D 83720-0074
Email: i ohn.hammond(EFuc. idaho. eov
C. Tom Arkoosh
AI\SWER TO STAFF'S AIISWER TO IDAHO POWER COMPAI\IY'S MOTION FOR
APPROVAL OF FIRST AMEI\DMENT TO ENERGY SALES AGREEMENT OR
ALTERNATIVELY FOR CLARIFICATION AI\D/OR RECONSIDERATION . 4