20171030Notice of Errata.pdf

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C. Tom Arkoosh, ISB No. 2253
ARKOOSH LAW OFFICES
802 W. Bannock Street, Suite 900
P.O. Box 2900
Boise, ID 83701
Telephone: [phone]
Facsimile: [phone]
Email: tom.arko koosh.com
David H. Arkoosh, ISB No. 8742
Law Office of David Arkoosh
PO Box 2817
Boise,ID 83701
Telephone: [phone]
Facsimile: [phone]
d av i d (@arkoo shl aw. com
Attorneys for Idaho Clean Energy Association
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF IDAHO POWER
COMPANY'S APPLICATION FOR
AUTHORITY TO ESTABLISH NEW
SCHEDULES FOR RESIDENTIAL AND
SMALL GENERAL SERVICE
CUSTOMERS WITH ON-SITE
GENERATION
Case No. IPC-E-17-13
IDAHO CLEAN ENERGY
ASSOCIATION'S NOTICE OF
ERRATA
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COMES NOW Idaho Clean Energy Association ("ICEA"), by and through its attorneys,
C. Tom Arkoosh of Arkoosh Law Offrces and David H. Arkoosh of Law Office of David
Arkoosh, and hereby submits this Notice of Eruata to correct a clerical error in ldaho Clean
Energt Associqtion's Memorandum in Support of Motion to Dismiss wherein the attachments
referenced therein were inadvertently omitted. Both attachments are attached hereto. ICEA
requests that by this Notice of Errata that the Memorandum in Support of Motion to Dismiss is so
corrected.
IDAHO CLEAN ENERGY ASSOCIATION'S MOTION TO DISMISS - Page I
DATED this 30th day of October, 2017
ARKOOSH LAW OFFICES
F
C. Tom Arkoosh
Attorney for Idaho Clean Energy Association
IDAHO CLEAN ENERGY ASSOCIATION'S MOTION TO DISMISS - Page 2
a
CERTIFICATE OF MAILING
I HEREBY CERTIFY that on the 30th day of October, 2017,1 served a true and correct
copy of the foregoing document(s) upon the following person(s), in the manner indicated:
Orieinal and 7 copies to
Diane Hanian
Commission Secretary
Idaho Public Utilities Commission
472 W . Washington
Boise, ID 83702
Copies to:
Sean Costello
Deputy Attorney General
Idaho Public Utilities Commission
472 W. Washington (83702
P.O. Box 83720
Boise, lD 83720-0074
Lisa D. Nordstrom
Idaho Power Company
PO Box 70
Boise, lD 83707
Timothy E. Tatum
Connie Aschenbrenner
Idaho Power Company
PO Box 70
Boise, ID 83707
Matthew A. Nykiel
Idaho Conservation League
P.O. Box 2308
102 E. Euclid, #207
Sandpoint, ID 83864
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di ane. hani an(@,puc. idaho. gov
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\a
X
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sean.costel I o@pqc, idaholqql'
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[e-mail]
dockets(@idahopower.com
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IDAHO CLEAN ENERGY ASSOCIATION'S MOTION TO DISMISS - Page 3
Eric L. Olsen
ECHO HAWK & OLSEN, PLLC
505 Pershing Ave., Ste. 100
P.O. Box 6l l9
Pocatello, Idaho 83205
Anthony Yankel
12700 Lake Avenue, Unit 2505
Lakewood, OH44107
Elias Bishop
Auric Solar, LLC
2310 s. 1300 w.
West Valley City, UT 84119
Preston N. Carter
Deborah E. Nelson
Givens Pursley LLC
601 W. Bannock St.
Boise, ID 83702
Kelsey Jae Nunez, LLC
Siena Club
920 N. Clover Drive
Boise,ID 83703
Zack Waterman
Idaho Sierra Club
503 W. Franklin St.
Boise, lD 83702
Michael Heckler
Electronic Service Only
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E-mail elo@echohawk. com
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elias.bi [e-mail]
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prestoncarter@ givenspursley. com
den@ g i ven spurs I e-v--. com
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kelsey@kelsevj aenunez. com
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zack. waterman @sierrac I ub. or g
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IDAHO CLEAN ENERGY ASSOCIATION'S MOTION TO DISMISS - Page 4
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Abigail R. Germaine
Deputy City Attorney
Boise City Attorney's Office
105 N. Capitol Blvd.
P.O. Box 500
Boise, ID 83701-0500
David H. Arkoosh
Law Office of David Arkoosh
P.O. Box 2817
Boise, ID 83701
David Bender
Earthjustice
3916 Nakoma Road
Madison, WI 5371I
Briana Kobor
Vote Solar
360 22nd Street, Suite 730
Oakland, CA94612
John R. Hammond, Jr.
Fisher Pusch LLP
101 S. Capitol Blvd., Suite 701
P.O. Box 1308
Boise, ID 83701
Snake River Alliance
Electronic Service Only
NW Energy Coalition
Electronic Service Only
Ryan B. Frazier
Brian W. Burnett
Kirton McConkie
50 East Temple, Suite 400
P.O. Box 45120
Salt Lake City, UT 84111
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acermaine@ci tyofboisc.org
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E-mail david@arkooshl aw.com
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X E-mail dbender@earthj ustice.org
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E-mail brianaeD,v otesolar.o rg
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wwi lson@snakeriverall iance.org
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x
x
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IDAHO CLEAN ENERGY ASSOCIATION'S MOTION TO DISMISS - Page 5
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Intermountain Wind and Solar, LLC
1952 West 2425 South
Woods Cross, UT 84087
Benjamin J. Otto
710 N 6th Street
Boise, ID 83701
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_L
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[e-mail]
C. Tom Arkoosh
IDAHO CLEAN ENERGY ASSOCIATION'S MOTION TO DISMISS - Page 6
1,/
BFaUEST_ILO. 13: Reference Aschenbrenner Direct at 33, lines 16-21. Please
provide the methodology that you contend should be applied to determine a net
metering customer's "appropriate amount of costs" and the methodology you contend
should be applied to determine the amount of billing that would reflect a net metering
customer's "utilization of the grid."
RESJTONSE TO REQUEST NO. 13: The Company is not proposing a cost
assignment methodology as a part of this case. The Company has recommended that,
in order to establish a methodology that determines the appropriate amount of costs
and accurately reflects their utilization of the grid, the Commission establish a formal
process by which a comprehensive review of the compensation structure for customers
with on-site generation can be analyzed and vetted collaboratively with interested
parties. ldaho Power believes this would best be done through a collaborative process
where stakeholders and other utilities can participate.
The response to this Request is sponsored by Connie Aschenbrenner, Rate
Design Manager, ldaho Power Company.
IDAHO POWER COMPANY'S RESPONSE TO VOTE SOLAR'S
FIRST SET OF DATA REQUESTS TO IDAHO POWER COMPANY - 18
DONOVAN E. WALKER (lSB No. 5921)
ldaho Power Company
1221West ldaho Street (83702)
P.O. Box 70
Boise, ldaho 83707
Telephone: [phone]
Facsimile: [phone]
dwalker@ idahopower.com
Attorney for ldaho Power Company
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF IDAHO POWER
COMPANY'S APPLICATION TO
IMPLEMENT SOLAR INTEGRATION
RATES AND CHARGES.
CASE NO. IPC-E-14-18
SETTLEMENT STI PU LATION AND
MOTION TO APPROVE
SETTLEMENT STI PU LATION
This settlement stipulation ("Settlement Stipulation") is entered into between
ldaho Power Company ("ldaho Power" or "Company"); ldaho Public Utilities
Commission Staff ("Staffl'); the ldaho Conservation League ('lCL"), the Sierra Club, and
the Snake River Alliance (.SRA"), hereafter jointly referred to as "Parties." The Parties
hereby agree as follows.
!. INTRODUCTION AND MOTION
1. The terms and conditions of this Settlement Stipulation are set forth
herein. The Parties agree that this Settlement Stipulation represents a fair, just, and
reasonable compromise of the dispute(s) between the Parties and that this Settlement
Stipulation is in the public interest. The Parties maintain that the Settlement Stipulation
as a whole and its acceptance by the ldaho Public Utilities Commission ("Commission")
represent a reasonable resolution of all issues between the Parties identified herein.
IPC-E-14-18 1
Joint Settlement and Motion
Therefore, the Parties hereby respectfully move the Commission, in accordance with
RP 56 and RP 274-76, for an Order approving the Settlement Stipulation executed
between the Parties and all of its terms and conditions without material change or
condition.
II. BACKGROUND
2. On July 1,2014, ldaho Power flled an Application with the Commission
requesting Commission approval of ldaho Power's proposed implementation of solar
integration rates and charges as set forth in the proposed Schedule 87, Variable
Generation lntegration Charges, as indicated by the 2014 Solar lntegration Study
Report ("Solar Study") filed with the Application. On July 23,2014, the Commission
issued a Notice of Application and Notice of lntervention Deadline. Order No. 33079.
lCL, the Sierra Club, and SRA petitioned for intervention which was granted. Order No.
33090; Order No. 33097.
3. On September 24, 2014, the Commission issued a Notice of Scheduling
and Notice of Technical Hearing, Order No. 33137, setting forth deadlines for testimony
and setting the Technical Hearing for November 13, 2014. On November 6, 2014, the
Commlssion approved the Parties' request to suspend the procedural schedule by
striking the rebuttal testimony filing deadline and Technical Hearing. The Parties
agreed to meet for settlement discussions and that if settlement dlscussions were
unsuccessful to re-establish mutually agreeable dates for the submission of rebuttal
testimony and a Technical Hearing. Order No. 33173.
4. The Parties met on November 17, 2014, for settlement discussions and
reached agreement resolving the issues in this case and between the Parties. Based
upon the settlement discussions, as a compromise of the respective positions of the
IPC-E-14-18 2
Joint Settlement and Motion
parties, and for other consideration as set forth below, the Parties agree to the following
terms.
III. TERMS OF THE SETTLEMENT STIPULATION
5. lmplementation of Schedule 87, Variable Generation lnteqration Charqes -
The Parties agree to Commlssion approval and implementation of Schedule 87,
Variable Generation lntegration Charges, including the rates and charges as proposed
and filed by ldaho Power in this proceeding to implement solar integration charges.
6. lnitiation of a Second Solar lnteqration Studv - The Parties acknowledge
that there are disagreements with respect to the methodology used in the 2014 Solar
Study. The Parties agree that ldaho Power will initiate a second solar integration study
in January 2015. This second solar integration study should be completed as
expeditiously as possible with the goal of not exceeding 12 months. Upon completion of
the second solar integration study ldaho Power will file the same with the Commission
seeking to update Schedule 87 with the results of said study.
7. Conduct of the Second Solar lnteqration Studv - The Parties agree that
the second solar integration study should utilize a Technical Review Committee ("TRC")
that generally adheres to the Principles for Technical Review Committee lnvolvement in
Sfudies of Wind lntegration into Electric Power Sysfems authored by the National
Renewable Energy Laboratory and the Utility Wind lntegration Group. The TRC should
include members with expertise in solar generation, variable energy integration, and
electrical grid operations. The Parties also anticipate participation in the second solar
integration study from the ldaho Public Utilities Commission Staff, the Public Utility
Commission of Oregon Staff, the appropriate personnel from ldaho Power, and a
technical expert designated by each of the Parties herein. The Parties agree that the
lPc-E-14-18 3
Joint Settlement and Motion
TRC will assist in developing the scope of the second solar integration study and
provide advice on the best available methods to analyze solar integration needs,
strategies, and costs on ldaho Power's system. The Parties agree and acknowledge
that ldaho Power is ultimately responsible for determining how the study is conducted,
the content of the study, and any results therefrom. lf ldaho Power declines TRC
member suggestions for the conduct of the study, ldaho Power shall provide
explanation and basis for the same in writing as part of the study process.
8. Consideration of lssues in the Second Solar lnteoration Studv - The
Parties agree that ldaho Power, together with the TRC, will consider whether the
second solar integration study should include the following - and if so, what would be
the appropriate methodology to be used in connection with the following.
. Alternative water-year types (e.9., low-type and hightype), range of water
years or normalized water year
o lntra-hour trading opportunities
. Shortening the hour-ahead forecast lead time from 45 minutes to 30
minutes
. Clustered solar build-out scenarios
Other solar plant technologies (e.9., tracking systems or varied fixed-panel
orientation)
Correlation between solar, wind, and load variability, uncertainty, and
forecasting error.
I mproved forecasting methods
Energy imbalance markets, or other market structures
Voltage/freq uency regu I ation
lncreased transmission capacity, changes in operation of hydroelectric
facilities, addition of demand-side technologies
IPC-E-14-18
Joint Settlement and Motion
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Gas price forecast(s)
Modeling of sub-hourly scheduling of load and generation
ldentification of the existence of low occurrence events that contribute to
proportionately higher integration costs and possible remedies, including
operational or contractual solutions to mitigate these events and reduce
integration costs and charges.
9. The Parties submit this Settlement Stipulation to the Commission and
recommend approval in its entirety pursuant to RP 274-76. The Parties shall support
this Settlement Stipulation before the Commission and shall not appeal a Commission
order approving the Settlement Stipulation or an issue resolved by the Settlement
Stipulation. lf this Settlement Stipulation is challenged by anyone who is not a Party,
then each Party reserves the right to file testimony, cross-examine witnesses, and put
on such case as they deem appropriate to respond fully to the issues presented,
including the right to raise issues that are incorporated in the settlements embodied in
this Settlement Stipulation. Notwithstanding this reservation of rights, the Parties agree
that they will continue to support the Commission's adoption of the terms of this
Settlement Stipulation.
10. lf the Commission or any reviewing body on appeal rejects any part or all
of this Settlement Stipulation or imposes any additional material conditions on approval
of this Settlement Stipulation, then each Pafi reserves the right, upon written notice to
the Commission and the other Party to this proceeding within fourteen (14) days of the
date of such action by the Commission, to withdraw from this Settlement Stipulation. ln
such case, no Party shall be bound or prejudiced by the terms of this Settlement
Stipulation and each Party shall be entitled to seek reconsideration of the Commission's
IPC-E-14-18
Joint Settlement and Motion
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order, file testimony as it chooses, cross-examine witnesses, and do all other things
necessary to put on such case as it deems appropriate. ln such case, the Parties
immediately will request the prompt reconvening of a prehearing conference for
purposes of establishing a procedural schedule for the completion of IPUC Case No.
IPC-E-13-25, and the Parties agree to cooperate in development of a schedule that
concludes the proceeding on the earliest possible date, taking into account the needs of
the Parties in participating in hearings and preparing briefs.
11. The Parties agree that this Settlement Stipulation is in the public interest
and that all of its terms and conditions are fair, just, and reasonable.
12. No Party shall be bound, benefited, or prejudiced by any position asserted
in the negotiation of this Settlement Stipulation, except to the extent expressly stated
herein, nor shall this Settlement Stipulation be construed as a waiver of rights unless
such rights are expressly waived herein. Except as otheruvise expressly provided for
herein, execution of this Settlement Stipulation shall not be deemed to constitute an
acknowledgment by any Party of the validity or invalidity of any particular method,
theory, or principle of regulation or cost recovery, including the methodology employed
for the 2014 solar integration study upon which the rates and charges contained in
Schedule 87 are based. No Party shall be deemed to have agreed that any method,
theory, or principle of regulation or cost recovery employed in arriving at this Settlement
Stipulation is appropriate for resolving any issues in any other proceeding in the future.
No findings of fact or conclusions of law other than those stated herein shall be deemed
to be implicit in this Settlement Stipulation. This Settlement Stipulation sets forth the
complete understanding of the Parties, and this Settlement Stipulation includes no other
promises, understandings, representations, arrangements or agreements pertaining to
rPc-E-14-18 6
Joint Settlement and Motion
the subject matter of this Settlement Stipulation, or any other subject matter, not
expressly contained herein.
13. The obligations of the Parties are subject to the Commission's approval of
this Settlement Stipulation in accordance with its terms and conditions and upon such
approval being upheld on appeal, if any, by a court of competent jurisdiction. All terms
and conditions of this Settlement Stipulation are subject to approval by the Commission,
and only after such approval, without material change or modiflcation, has been
received shall the Settlement Stipulation be valid.
14. This Settlement Stipulation may be executed in counterparts and each
signed counterpart shall constitute an original document.
IV. PROCEDURE
15. Pursuant to RP 274, the Commission has discretion to determine the
manner with which it considers a proposed settlement. ln this matter, the Parties have
reached agreement on a final resolution to this case. This Settlement Stipulation is
reasonable and in the public interest. The Parties request that the Commission approve
the Settlement Stipulation without further proceedings.
16. ln the alternative, should the Commission determine that further
proceedings are required to consider the Settlement Stipulation, pursuant to RP 201,
the Parties believe the public interest does not require a hearing to consider the issues
presented by this Motion and request it be processed as expeditiously as possible by
Modified Procedure, without waiving the right to a hearing on the previously disputed
matters in this proceeding should the Commission reject the settlement.
tPC-E-14-18
Joint Settlement and Motion
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V. REQUESTED RELIEF
NOW, THEREFORE, the Parties respectfully request that the Commission enter its
Order approving the Settlement Stipulation without material change or condition, and
without further proceedings.
DATED this _ day of 2015.
ldaho Power Company Commission Staff
Donovan E. Walker
Attorney for ldaho Power Company
Sierra Club
By
Dean J. Miller
Attorney for Sierra Club
Snake River Alliance
By
Kelsey Jae Nunez
Attorney for Snake River Alliance
rPc-E-14-18
Joint Settlement and Motion
Kristine A. Sasser
Attorney for IPUC Staff
ldaho Conservation League
Benjamin J. Otto
Attorney for ldaho Conservation League
By
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the _ day of 2015 I served a true and
correct copy of the Settlement Stipulation and Motion upon the following named parties
by the method indicated below, and addressed to the following:
Commission Staff
Kristine A. Sasser
Deputy Attorney General
ldaho Public Utilities Commission
472 West Washington (83702)
P.O. Box 83720
Boise, ldaho 83720-007 4
ldaho Power
Donovan E. Walker
Regulatory Dockets
ldaho Power Company
1221 West ldaho Street
Boise, lD 83707
ldaho Conservation League
Benjamin J. Otto
ldaho Conservation League
710 N. 6th St
Boise, lD 83701
Sierra Glub
Dean J. Miller
McDevitt & Miller LLP
420 W. Bannock St.
Boise, |D 83702
Matt Vespa
Sierra Club
85 Second St., 2nd Floor
San Francisco, CA 94105
Snake River Alliance
Kelsey J. Nunez
Ken Miller
Snake River Alliance
PO Box 1731
Boise, lD 83701
lPc-E-14-18
Joint Settlement and Motion
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