20180810Brief on Reconsideration.pdf

Eric L. Olsen (ISB# 4811)
Joseph T. Preston (ISB #9082)
ECHO HAWK & OLSEN, PLLC
505 Pershing Ave., Ste. 100
P.O. Box 6119
Pocatello, Idaho 83205
Telephone: (208) 47 8-l 624
Facsimile: (208) 47 8-167 0
Email: [e-mail]
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Attorney for Interuenor ldaho lrrigation Pumpers Association, Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN TIIE MATTER OF TIIE APPLICATION
OF IDAHO POWER COMPANY FOR
AUTHORITY TO ESTABLISH NEW
SCHEDULES FOR RESIDENTIAL AND
SMALL GENERAL SERVICE
CUSTOMERS WITH ON.SITE
GENERATION
CASE NO.IPC.E-I7.I3
BRIEF IN OPPOSITION
COMES NOW the Idaho krigation Pumpers Association, Inc. ("[IPA"), by and through
counsel of record, Echo Hawk & Olsen, PLLC, in response to the Commission's Order No.
34098, and hereby respectfully submits its Brief in Opposition to fully granting Vote Solar's
Petition for Reconsideration (the "Petitioil"), as follows:
INTRODUCTION
The Commission granted Vote Solar's Petition in part and has asked the parties to
provide briefing on whether residential and small general service ("R&SGS") customers' ability
to export energy to [PC's grid should be determinative on whether or not this hypothetical class
of customer should be covered by the recently approved Schedules 6 and 8. IIPA believes that
the distinction based on the inability of such a hypothetical customer to export excess energy to
IPC's grid is not a sound basis to exclude them from Schedules 6 and 8 and will lead to bad
regulatory policy that is not supported in the record.
BRIEF IN OPPOSITION - Page I
1. Vote Solar's Petition for Reconsideration is Based on Speculation and should
Be Rejected.
First, Vote Solar creates a strawman class of non-bidirectional self-generating customers.
Neither Vote Solar, nor any other party, provided evidence that such a class even exists on IPC's
system. At best, all Vote Solar points to is a report that discuss methods used to limit bi-
directionality of solar self-generators. Petition, at 6 & fn5. Second, Vote Solar also argues there
is no load or usage data for this "hypothetical" subset of customers. Petition, at 2-3. Finally,
based on this compound speculation, Vote Solar twists the legal standard for customer
classification and argues there is no evidence to support including this hypothetical class of
customer in Schedules 6 and 8 and claims they should be exempt. ln other words, Vote Solar
wants the Commission to make policy in this area based upon conjecture and speculation. Such
an argument is nonsensical, and the Commission should reject it.
2. Vote Solar had an Opportunity to Present Evidence on this Very Issue at the
Technical Hearings but Failed to do so.
Vote Solar did not present any testimony or other evidence at the technical hearings about
self-generating customers that do not have the ability to export energy to IPC's grid. If such
differentiation was significant then Vote Solar should have presented the evidence and made
arguments during the technical hearing. However, it failed to do so. There is no data or evidence
quantifying this hypothetical class of customers. Vote Solar's claim is a red herring,
impermissibly attempting to defeat and/or delay the implementation of the Commission's Order.
The issues raised can be sorted out in the separate docket if actual data turns Vote Solar's
speculation into reality.
BRIEF IN OPPOSITION - Page 2
3. Non-Exporting Self-Generators are still connected to IPC's System and are
Properly included in Schedules 6 and 8.
The lowest common denominator of self-generators is that they are connected to IPC's
Grid. Whether or not they can export power to the grid only goes to considerations of payment
for excess power and collateral effects on the grid. Non-exporting self-generating customers rely
on the IPC's system just the same to balance and stabilize their self-generation and are part of the
self-generator class which has an indistinguishable set of material characteristics as demonstrated
by IPC in this case. As such, the inclusion of all self-generators that run their systems in parallel
with IPC's system is an appropriate classification distinction for self-generators under Schedules
6 and 8 whether such a customer can export excess power to the system.
CONCLUSION
The Commission should deny Vote Solar's Petition in ful1because it is based on
speculation and will result in bad regulatory policy. If there is any merit to Vote Solar's
speculative claims, then these claims can be adequately addressed in the new docket. IIPA
believes that the running of a self-generator's system in parallel with IPC's system is the lowest
common denominator and appropriately defines this unique customer class under Schedules 6
and 8.
DATED this l0th day of August, 2018.
ECHO HAWK & OLSEN, PLLC
By:
ERIC L. OLSEN Attorney for
Idaho Irrigation Pumpers Association, Inc.
BRIEF IN OPPOSITION - Page 3
CERTIFICATE OF SERVICE
I hereby certify that on the 10nd day of August 2018, I caused to be served a true and
correct copy of the foregoing by the method indicated below, and addressed to the following:
Diane M. Hanian, Secretary
Idaho Public Utilities Commission
P.O. Box 83720
472 W . Washington Street
Boise,ID 83720-0074
diane.holt@puc. idaho. gov
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Lisa D. Nordstrom
Idaho Power Company
P.O. Box 70
Boise,lD 83707
E:mail: [e-mail]
dockets(0idahopower. com
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Timothy E. Tatum
Connie Aschenbrenner
Idaho Power Company
P.O. Box 70
Boise, ID 83707
E-mail: [e-mail]
caschenbrenner@ idahopower. com
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Al Luna, Earthjustice
Litigation Asst. Clean Energy
Earthjustice
1625 Massachusetts Avenue N.W., Suite 702
Washington, D.C. 20036
aluna@t earthi ustice. or g
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BRIEF IN OPPOSITION - Page 4
Matthew A. Nykiel
Idaho Conservation League
P.O. Box 2308
102 S. Euclid #207
Sandpoint, ID 83864
Email: mnykiel(a)idahoconservation. ors
Idahydro
clo C. Tom Arkoosh
Arkoosh Law Offices
802 W. Bannock Street, Suite 900
P.O. Box 2900
Boise,ID 83701
Email: tom.arkoosh@)arkoosh.com
erin. c e ci l@,arkqath. calq
Briana Kobor
Vote Solar
986 Princeton Ave S
salt Lake city, uT 84105
[e-mail]
Sean Costello
Deputy Attorney General
Idaho Public Utilities Commission
47 2 W . Washington (837 02)
P.O. Box 83720
Boise, ID 83720-0074
Email: sean.costello@,puc. idaho. sov
Elias Bishop
Auric Solar, LLC
2310s. 1300 w.
West Valley City, UT 84119
E-mail: [e-mail]
Preston N. Carter
Deborah E. Nelson
Givens Pursley LLC
601 W. Bannock St.
Boise, D 83702
Email: [e-mail]
den@givenspursley. com
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BRIEF IN OPPOSITION - Page 5
Kelsey Jay Nunez LLC
Sierra Club
920 N. clover Drive
Boise,ID 83703
Email: kelsey(@kelseyiaenunez.com
Zack Waterman
Idaho Sierra Club
503 W. Franklin Street
Boise, ID 83702
Email : zack.waterman(zD s ierraclub. ore
Michael Heckler
3606 N. Prospect Way
Garden City, ID 83714
Email: Michael.p.heckler(Ogmail.com
Abigail R. Germaine
Deputy City Attorney
Boise City Attorney's Office
105 N. Capitol Blvd.
P.O. Box 500
Boise, ID 83701-0500
Email: agermaine@,cityofboise.org
C. Tom Arkoosh
Arkoosh Law Offices
802 W. Bannock Street, Suite 900
P.O. Box 2900
Boise, ID 83701
Email: [e-mail]
Erin. cecil@arkoosh. com
David H. Arkoosh
Law Office of David Arkoosh
P.O. Box 2817
Boise, ID 83701
Email: [e-mail]
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BRIEF IN OPPOSITION - Page 6
David Bender
Earttrjustice
3916 Nakoma Road
Madison, WI537l I
Email: [e-mail]
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Briana Kober
Vote Solar
36022"d Street, Suite 730
Oakland, CA946l2
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John R. Hammond, Jr.
Fisher Pusch LLP
l0l s. capitol Blvd. Suite 701
P.O. Box 1308
Boise,ID 83701
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Snake River Alliance
Email: wwilson(a)snakeriveralliance.orq
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NW Energy Coalition
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Ryan B. Frazier
Brian W. Burnett
Kirton McConkie
50 East Temple, Suite 400
P.O. Box 45120
salt Lake city, uT 841l1
Email: [e-mail]
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BRIEF IN OPPOSITION - Page 7
Intermountain Wind and Solar, LLC
1953 West 2425 South
Woods Cross, UT 84087
Email: doue(dimwindandsolar.com
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fr90,,*
ERIC L. OLSEN
BRIEF IN OPPOSITION - Page 8