20171027Joinder in Motion to Dismiss.pdf

ROBERT B. LUCE
BOISE CITY ATTORNEY
RECEIVED
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ABIGAIL R. GERMAINE (ISB No. 9231)
Deputy City Attorney
BOISE CITY ATTORNEY'S OFFICE
150 N. Capitol Blvd.
P.O. Box 500
Boise, ID 83701-0500
Telephone: [phone]
Facsimile: [phone]
Email : [e-mail]
Attomeys for Intervenor
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF IDAHO POWER
COMPANY'S APPLICATON FOR
AUTHORITY TO ESTABLISH NEW
SCHEDULES FOR RESIDENTIAL AND
SMALL GENERAL SERVICE CUSTOMERS
WITH ON-SITE GENERATION
Case No. IPC-E-17-13
CITY OF BOISE CITY'S
MEMORANDUM JOINING IN
SUPPORT OF, AND
PROVIDING COMMENTS TO,
IDAHO CLEAN ENERGY
ASSOCIATION'S MOTION TO
DISMISS
INTRODUCTION
COMES NOW, the city of Boise City, hereinafter referred to as "the City''and pursuant to
this Idaho Public Utility Commission's ("Commission") Order No. 33901, filed on October 4,
2017, and pursuant to Rules of Procedure, Rule 56 and Rule 256 (IDAPA 31.01.01.56;
31.01.01 .256), hereby files this Motion Joining in Support of, and Providing Comments to, Idaho
Clean Energy Association's Motion to Dismiss, and petitions the Commission to restructure Idaho
Power's Application for Authority to Establish New Schedules for Residential and Small General
CITY OF BOISE CITY'S MEMORANDLIM JOINING IN SUPPORT OF, AND PROVIDING COMMENTS TO,
IDAHO CLEAN ENERGY ASSOCIATION'S MOTION TO DISMISS - page I
Service Customers with On-Site Generation and proposes an alternative procedure which would
include establishing a technical advisory committee to begin an evaluation of the costs and benefits
of net metering, as well as the value of distributed energy and solar.
Specifically, the City supports Idaho Clean Energy Association's arguments presented in
its Motion to Dismiss ("ICEA's Motion to Dismiss") to the extent that Idaho Power failed to follow
the Commission's 2013 Order No. 32846, by bringing the same substantive case before the
Commission in this Application as it did in its 2012 Application for Authority to Modify its Net
Metering Service and Increase the Generation Capacity Limits (*201,2 Application"), without
conducting citizen outreach or presenting the issue in a general rate case. The City also supports
ICEA's request for alternative relief, as it suggests that the Commission establish a procedure
similar to that followed in Case No. IPC E-14-18, by requiring an initial settlement conference to
form a technical advisory committee and stakeholder workshops to study the valuation of
distributed energy and solar.
STATEMENT OF THE FACTS
On July 27th,2Ol7,Idaho Power filed an Application with the Commission requesting: 1)
that Schedule 84, which is currently the schedule for R&SGS on-site generation customers be
closed to new service; 2\ that a new customer class for R&SGS customers with on-site generation
be established; and 3) that smart inverters be required for on-site generation. Idaho Power argues
that the rates currently charged to net metering customers are not designed to reflect the value of
bi-direction service being provided to them. Idaho Power suggests that this inaccuracy in pricing
could result in unfair cost shifting between customers with on-site generation and those without.
Multiple parties have intervened ("lntervenors") in this case and although each party's interest in
CITY OF BOISE CITY'S MEMORANDUM JOINING IN SUPPORT OF, AND PROVIDING COMMENTS TO,
IDAHO CLEAN ENERGY ASSOCIATION'S MOTION TO DISMISS - page 2
this case varies to some degree, all parties agree that isolating the issues of establishing a separate
rate class for net metering R&SGS customers without taking a comprehensive approach and
conducting a valuation of solar is procedurally backwards and presents harmful effects to the
renewable energy market.
MOTION TO DISMISS
The City supports ICEA's position in its Motion to Dismiss to the extent that, 1) Idaho
Power's current Application presents the same set of operative facts as its 2012 application and
has failed to demonstrate a difference in circumstances that would necessitate revisiting this issue;
2)the Commission decided the issue of establishing a separate rate class in its 2013 OrderNo.
32846; and 3) Idaho Power has failed to follow the Commission's 2013 Order requiring certain
conditions related to a filing of this sort, including obtaining customer and stakeholder feedback
and presenting its application as a general rate proceeding. In the interest of brevity, the City will
not reiterate those arguments, instead the Citywould draw the Commission's attention to the public
policy basis which support an alternative approach. The City, however, requests that instead of
outright dismissing the Application, the Commission instruct Idaho Power to engage in a different
procedure as described within the City's request for alternative relief.
ALTERNATIVE REQUEST
CITY OF BOISE CITY'S MEMORANDLIM JOINING IN SUPPORT OF, AND PROVIDING COMMENTS TO,
IDAHO CLEAN ENERGY ASSOCIATION'S MOTION TO DISMISS - page 3
The City requests that the Commission instruct Idaho Power to restructure the procedure
in a more productive and efficient manner, one that is in line with the Commission's holdings in
its 2013 Order No. 32846 and is in the public's best interest.
Idaho Power filed this Application requesting that a separate rate class be established for
R&SGS on-site generation customers. However, Idaho Power failed to demonstrate a need for a
separate class, nor has it quantified the harm with operating under the current rate structure for on-
site generation customers. lnstead, the structure of Idaho Power's Application is creating
uncertainty in the industry which is currently effecting solar installation and may dramatically
reduce the number of citizens who will pursue rooftop solar. By separating R&SGS on-site
generation customers into a separate class, without determining if this separation is needed or the
appropriate rate structure, those customers wishing to pursue on-site generation will be forced to
do so without confidence that their on-site solar projects will not be cost prohibited.
ln addition, the City has an interest in the economic health of Boise City and Idaho in
general, which in the future could be dependent on the ability to provide affordable renewable
energy to more companies who are moving toward 100% Renewable Energy goals. Also, this
uncertainty may cause the economic development of the area to suffer, as the solar industry
provides both fiscal stimulus and local job opportunities. The adverse impact of separating net
metering customers into an unknown rate class is undeniable and could eliminate Boise's progress
towards an efficient system driven by the customer's desires for renewable energy.
The City has a direct interest in seeing the value of solar and distributed energy studied and
determined. The City established detailed energy use and carbon reduction goals for internal
operations based on detailed baselining of current use and the implementation of energy efficiency
CITY OF BOISE CITY'S MEMORANDUM JOINING IN SI-JPPORT OF, AND PROVIDING COMMENTS TO,
IDAHO CLEAN ENERGY ASSOCIATION'S MOTION TO DISMISS - page 4
measures in combination with increased installation of renewable energy. An essential aspect of
the City's ability to meet these goals is solar energy, and the viability of solar energy here in Boise
City, relies on eliminating the uncertainty related to net metering and providing predictability for
customers currently engaged or wishing to be a part of Idaho Power's net metering program.
Before deciding whether there is a need for a new rate class the value of solar must be studied and
Idaho Power should thoroughly examine the appropriate cost of service. Attempting to isolate the
issue of creating a new rate class without studying whether the need for one exists, creates a high
level of uncertainly in the market which the Commission attempted to avoid when it stated in its
Order No. 32846 that such dramatic changes should be fully vetted in a general rate case.
The City recommends that the Commission issue an Order directing Idaho Power to work
with PUC Staff and the Intervenors in convening a settlement conference and series of workshops
for interested parties to confer with Idaho Power on net metering rates, the value of distributed
energy, and to engage a technical advisory committee to study these issues.
This procedure is in line with the Commission's instructions to Idaho Power in its 2012
Application. In the Commission's Order No. 32846, it stated that Idaho Power should inform and
obtain feedback from its customers and stakeholders before proposing major program-specific
changes. Most importantly perhaps, the Commission directly addressed the procedure that should
be followed if Idaho Power wished to separate net metering customers from the standard R&SGS
classes. In its Order No. 32846, the Commission stated that if ldaho Power wished to address this
issue again it should do so in the context of a general rate case.
In lieu of dismissing this Application, as requested by ICEA, the City encourages the
Commission to restructure this case as a settlement procedure with a technical advisory committee
CITY OF BOISE CITY'S MEMORANDUM JOINING IN SUPPORT OF, AND PROVIDING COMMENTS TO,
IDAHO CLEAN ENERGY ASSOCIATION'S MOTION TO DISMISS - page 5
and stakeholder workshops. In doing so, the Commission should direct tdaho Power to lead these
efforts to collaborate on a new methodology for studying the value of net metering, by having a
neutral, third party conduct necessary studies and analysis.
CONCLUSION
WHEREFORE, the City respectfully requests that this Commission enter an order
directing Idaho Power to restructure this proceeding to conduct a settlement conference with all
parties, which establishes workshops and a technical advisory committee.
DATED this )7 day of October,2OlT
Deputy Attorney
CITY OF BOISE CITY'S MEMORANDUM JOINING IN SUPPORT OF, AND PROVIDING COMMENTS TO,
IDAHO CLEAN ENERGY ASSOCIATION'S MOTION TO DISMISS - page 6
s
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I hereby certify that I have on this day of October,2017, served the foregoing
documents on all parties of counsel as follows:
Lisa Nordstrom
Regulatory Dockets
Idaho Power Company
PO Box 70
Boise, lD 83707
lnordstrorn @idahopower. com
do cket s @,i d ahopow er. co m
Timothy E. Tatum
Connie Aschenbrenner
Idaho Power Company
PO Box 70
Boise, ID 83707
ttaturn@i dahopower. com
cas ch enbrenner(@idahopower. co m
Sean Costello
Deputy Attorney General
Idaho Public Utilities Commission
472W. Washington
Boise, ID 83702
sean. costello@puc. idaho. gov
Diane Hanian
Commission Secretary
Idaho Public Utilities Commission
472W. Washington
Boise, lD 83102
diane.holt@puc. idaho. gov
U.S. Mail
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CITY OF BOISE CITY'S MEMORANDUM JOINING IN SUPPORT OF, AND PROVIDING COMMENTS TO,
IDAHO CLEAN ENERGY ASSOCIATION'S MOTION TO DISMISS - page 7
Idahydro
c/o C Tom Arkoosh
Arkoosh Law Offices
PO Box 2900
Boise,ID 83701
tom. arko o shGD,arkoo s h. com
[e-mail]
Matthew A. Nykiel
Idaho Conservation League
PO Box 2308
102 S. Etclid#207
Sandpoint, ID 83864
mnluki el @,i daho co ns ervati on. or g
Benjamin J. Otto
Idaho Conservation League
710 N. 6th St.
Boise, ID 83701
[e-mail]
Idaho Irrigation Pumpers Association, Inc
c/o Eric L. Olsen
Echo Hawk & Olsen, PLLC
505 Pershing Ave. Ste. 100
PO Box 6119
Pocatello, ID 83205
elo@echohawk sau
Anthony Yankel
12700 Lake Avenue, Unit 2505
Lakewood, OH 44107
[e-mail]
Elias Bishop
Auric Solar, LLC
2310 s. 1300 w.
West Valley City, UT 841l9
el i as. bisho p (ra_r auri c so la[.sstn
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CITY OF BOISE CITY'S MEMORANDUM JOINING IN SUPPORT OF, AND PROVIDING COMMENTS TO,
IDAHO CLEAN ENERGY ASSOCIATION'S MOTION TO DISMISS - page 8
Preston N. Carter
Deborah E. Nelson
Givens Pursley LLC
601 W. Bannock St.
Boise, ID 83702
pre st o n c art erCg0 gi v en sp u r s I ey. c o m
den@qivenspursley. com
Kelsey Jae Nunez LLC
Sierra Club
920 N. Clover Dr.
Boise, ID 83703
kelsev@kel .coln
Zack Waterman
Idaho Sierra Club
503 W. Franklin St.
Boise, ID 83702
zack.w
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Michael Heckler
M ichael. p.heckler@ grnail. corn
C. Tom Arkoosh
Arkoosh Law Offices
PO Box 2900
Boise, ID 83701
to m. arkoo sh C{al arko o sh. com
erin. cecil@arkoosh. com
David H. Arkoosh
Law Office of David Arkoosh
PO Box 2817
Boise, ID 83701
[e-mail]
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CITY OF BOISE CITY'S MEMORANDUM JOINING IN SUPPORT OF, AND PROVIDING COMMENTS TO,
IDAHO CLEAN ENERGY ASSOCIATION'S MOTION TO DISMISS - page 9
David Bender
Earthjustice
3916 Nakoma Rd.
Madison, WI 5371I
db end erGj,earthj u st i ce. org
Briana Kober
Vote Solar
360 22"d St., Ste. 730
Oakland, CA94612
[e-mail]
John R. Hammond, Jr
Fisher Pusch LLP
PO Box 1308
Boise, ID 83701
col11
Snake River Alliance
wwi I son@,snakeriverall iance. or g
NW Energy Coalition
diego@nw'energ)r.org
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Ryan B. Frazier
Brian W. Burnett
Kirton McConkie
PO Box 45120
Salt Lake City, UT 84111
r f r azi er Gi,km c I aw. qo m
bburnett(Okmclaw.com
CITY OF BOISE CITY'S MEMORANDUM JOINING IN SUPPORT OF, AND PROVIDING COMMENTS TO,
IDAHO CLEAN ENERGY ASSOCIATION'S MOTION TO DISMISS - page 10
tr U.S. Mailtr Personal Deliverytr Facsimilep Electronic Means w/ Consenttr Other:
Intermountain Wind and Solar, LLC
1952 West 2425 South
Woods Cross, UT 84087
do ug(/il i m w i nd andso I af, .com
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CITY OF BOISE CITY'S MEMORANDUM JOINING IN SUPPORT OF, AND PROVIDING COMMENTS TO,
IDAHO CLEAN ENERGY ASSOCIATION'S MOTION TO DISMISS - page I I