20161205Petition to Intervene.pdf

Steven Porter (Texas Bar No. 161507000)
Assistant General Counsel
Electricity and Fossil Energy
United States Department of Energy
1000 Independence Ave., S.W.
Washington DC 20585
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorney for U.S. Department of Energy and the
Federal Executive Agencies
H1...CE IVED
2016 DEC -5 AM 11 : 3 7
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BEFORE THE IDAHO
PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF IDAHO PO\VER COMPANY FOR )
AUTHORITY TO INCREASE ITS RA TES )
FOR ELECTRIC SERVICE TO RECOVER )
COSTS ASSOCIATED WITH THE NORTH )
VALMY PLANT )
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CASE NO. IPC-E-16-24
PETITION TO
INTERVENE OF THE U.S.
DEPARTMENT OF ENERGY
AND FEDERAL EXECUTIVE
AGENCIES
COMES NOW, the United States Department of Energy ("DOE or "Department") on
behalf of itself and the Federal Executive Agencies ("FEA''), hereinafter collectively referred to
as "Intervenor," and pursuant to this Commission's Rules of Procedure, Rule 71 IDAPA
31.01.01. 71, hereby petitions the Commission for leave to intervene herein and to appear and
paiticipate herein as a party. In support of this petition, the Depaiiment states as follows:
l. The name and address of this Intervenor is:
The United States Depmiment of Energy
c/o Steven Porter
Office of the General Counsel (GC-76)
1000 Independence Avenue, SW (Room 6D-033)
Washington, D.C. 20585
Telephone: [phone]
Fax: [phone]
U.S. Department of Energy's Petition to Intervene -IPC-E-16-23
E-mail: [e-mail]
Copies of all pleadings, production requests, production responses, Commission orders
and other documents should be provided to Steven Porter as noted above.
2. The Idaho Power Company ("IPC" or "Company") serves DOE's Idaho National
Laboratory ("INL"), a science-based, applied engineering laboratory located in southern Idaho
and dedicated to supporting DOE's research programs in nuclear energy, national and homeland
security, and clean energy. INL takes service from IPC under a special contract, in accordance
with the rates and charges set out in Electric Service Rate Schedule 30 and its successor
schedules. Therefore, DOE has a direct and substantial interest in these proceedings, which
would not be represented by other parties, in that the outcome of these proceedings may affect
the Company's electric rates for INL.
3. DOE has been delegated by the United States General Services Administration
pursuant to Sec. 2IO(a)(4) of the Federal Prope1iy Management and Administrative Services Act
of 1949, as amended (40 U.S.C. 501(c)), to represent the customer interests of the Federal
Executive Agencies of the United States Government in IPC proceedings. Other federal facilities
taking electric service from IPC include the United States Air Force's Mountain Home Air Force
Base, located in southwestern, Idaho.
4. This Intervenor, on behalf of DOE as well as the FEA, intends to participate
herein as a party, and if necessary, to introduce evidence, submit comments, and fully paiticipate
in any hearing that may occur including the calling and cross examination of witnesses. The
nature and quality of evidence which this Intervenor will introduce is dependent upon the nature
and effect of other evidence in this proceeding.
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U.S. Depmtment of Energy's Petition to Intervene -IPC-E-16-23
5. Without the opportunity to intervene herein, this Intervenor would be without any
effective means of participation in this proceeding which may have a material impact on the
electric rates and/or service provided to DOE/FEA facilities.
6. Granting this Intervenor's petition to intervene will not unduly burden th~ issues nor
will it prejudice any paiiy to this case.
7. The undersigned DOE attorney, Steven A. P01ier, is not admitted to practice before the
courts of the state ofldaho, and is admitted to practice before the courts of the state of Texas.
Mr. Porter has been in the active practice of law since 1981. Mr. Porter is not under suspension
or disbarment by any of the cou1is of the state in which he is admitted to practice. Mr. Porter will
in the future petition for leave to appear pro hac vice herein DOE respectfully requests that this
petition to intervene be granted subject to the condition that in the future Steven A. Porter, or
another DOE attorney, obtains approval from this Commission for a petition for leave to appear
pro hac vice herein.
WHEREFORE, the United States Department of Energy, on behalf of itself and the
Federal Executive Agencies respectfully requests that this Commission grant its Petition to
Intervene in these proceedings and to appear and participate in all matters as may be necessary
and appropriate; and to present evidence, call and examine witnesses, present argument at any
hearing that may occur, and to otherwise fully participate in these proceedings.
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U.S. Department of Energy's Petition to Intervene -IPC-E-16-23
DATED this 5th day of December 2016
Respectfully Submitted,
~//~
Steven A. Porter (Texas Bar No. 161507000)
Assistant General Counsel
Electricity and Fossil Energy
United States Department of Energy
1000 Independence Ave., S.W.
Washington DC 20585
Telephone: [phone]
Fax: [phone]
Email : [e-mail]
4
U.S. Department of Energy's Petition to Intervene -IPC-E-16-23
CERTIFICATE OF SERVICE
I hereby certify that on this 5th day of December 2016, a true and correct copy of the
Petition to Intervene of the U.S. Department of Energy and Federal Executive Agencies was
served by U.S. mail on:
Commission Staff
Jean D. Jewell, Commission Secretary
Idaho Public Utilities Commission
472 W. Washington Street
Boise, ID 83 702
[e-mail]
and by electronic mail on:
Idaho Power Company
Lisa D. Nordstrom
Matt Larkin
Idaho Power Company
P.O Box 70
Boise, Idaho 83 707
[e-mail]
[e-mail]
Echo Hawk & Olsen
Eric L. Olsen
505 Pershing Ave., Ste. 100
P.O. Box 6119
Pocatello, ID 83205-6119
[e-mail]
Holland & Hart
Brian T. Hansen
Ho11and & Hrui, LLP
800 W. Main Street, Suite 1750
Boise, ID 83 702
[e-mail]
Micron Technology, Inc.
Pete Bennett
8000 South Federal Way
Boise, ID 83707
[e-mail]
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U.S. Department of Energy's Petition to Intervene -IPC-E-16-23