20161110Reply Comments.pdf

Peter J. Richardson (ISB No. 3195)
515 N. 2?1h Street
P.O. Box 7218
Boise, Idaho 83 702
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorney for Jackpot Solar'
REC-:IVED
20!fi t:O/IO PH 3:0e
, • i: l. C · ~ .. _,. ,· ;1ss10 i
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF IDAHO POWER
COMPANY'S PETITION FOR
DECLARATORY ORDER REGARDING
PROPER A VOIDED COST PRICING FOR
JACKPOT SOLAR.
)
) CASE NO. IPC-E-16-21
) JACKPOT SOLAR'S REPLY TO ~ STAFF COMMENTS
)
) ________________ )
COMES NOW, Jackpot Solar and, pursuant to IPUC Rule of Procedure No. 38 and
hereby lodges its Reply to Staff Comments in the above titled Docket.
STAFF MISCHARACTERIZES THE ST A TUS OF THIS DOCKET
Staff asserts2:
[T]o the extent Jackpot Solar intends to attack the language of Order Nos. 33357 or
33419, Staff agrees with Rocky Mountain that such attack is barred by Idaho Code§ 61-
625, which precludes collateral attack on a Commission Order that is final and
conclusive.
1 Jackpot Solar refers collectively to Jackpot Solar West, LLC; Jackpot Solar East, LLC; Jackpot
Solar North LLC; and Jackpot Solar South, LLC, all of which are Nevada limited liability
companies duly qualified to do business in the State of Idaho.
2 Page 4, Staff Comments filed November 8, 2016.
Jackpot Solar has not initiated an "attack [on] the language of Order Nos. 33357 or 33419."
Jackpot Solar is actively defending and justifiably relying on the explicit findings in those orders
to the effect that:
The Commission found it
reasonable for utilities to establish capacity deficiency at the time the initial IRP-based
contract is signed. As long as the QF renews its contract and continuously sells power to
the utility, the QF is entitled to capacity [rates] based on the capacity deficiency date
established at the time of its initial contract.3
This docket was initiated by Idaho Power. Jackpot Solar is not 'attacking ' the Commission's
orders. Idaho Power, on the other hand, is engaged in such an attack. Idaho Power is attempting
to repeal the Commission's explicit finding that a QF (like Jackpot) is entitled to "capacity
[rates] based on the capacity deficiency date established at the time of its initial contract." To
the extent that Staff also asserts that the plain language of those orders must be altered to support
Idaho Power's attack on said orders, then Staffs attack must also fail for the same reasons
detailed in Jackpot's Answer and Statement in Opposition.
DATED this 10th day of November, 2016.
By P~~~h~~9-5------~--
Attorney for Jackpot Solar
3 Order No. 33419 at p. 9, brackets in original, underscoring provided.
JACKPOT SOLAR'S REPLY TO STAFF 'S COMMENTS -2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 10th day of November, 2016, a true and correct copy of
the within and foregoing JACKPOT SOLAR'S REPLY TO STAFF'S COMMENTS was served
by United States Mail postage prepaid and electronic mail to:
Jean D. Jewell, Secretary
Idaho Public Utilities Commission
4 72 West Washington
Boise, Idaho 83 702
[e-mail]
Yvonne R. Hogle
Attorney for Rocky Mountain Power
1407 W. North Temple, Ste. 310
Salt Lake City, UT 84116
[e-mail]
~ Peter Richardson
JACKPOT SOLAR'S REPLY TO STAFF'S COMMENTS - 3
Donovan Walker
Attorney for Idaho Power Company
1221 West Idaho Street
PO Box 70
Boise, Idaho 83 707
[e-mail]