20171012Petition to Intervene.pdf

I/EDGregory M. Adams (ISB No. 7454)
Peter J. Richardson (tSB No. 3195)
Richardson Adams, PLLC
515 N. 27th Street
Boise, Idaho 83702
Telephone : [phone]
Fax: [phone]
greg@richardsonadams. com
peter@richardsonadams. com
IN THE MATTER OF THE APPLICATION
oF IDAHO POWER COMPANY FOR )
APPROVAL OR REJECTION OF AN )
ENERGY SALES AGREEMENT WITH )
sHoRocK HYDRO INC., FOR THE SALE )
AND PURCHASE OF ELECTRIC ENERGY )
FROMTHE ROCKCREEK I HYDRO )PROJECT. )
i? Pii 3:Lrl
Attorneys for the Renewable Energy Coalition
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASE NO. IPC-E-I7-14
RENEWABLE ENERGY
COALITION PETITION TO
INTERVENE
Pursuant to the ldaho Public Utilities Commission's ('oCommission") Rules of
Procedure, Rule 71 IDAPA 31.01.01.71, the Renewable Energy Coalition ("REC")
hereby petitions the Commission for leave to intervene herein and to appear participate
herein as a party, and as grounds therefore states as follows:
l. The name and address of REC is:
Renewable Energy Coalition
c/o John Lowe
PO Box 25576
Portland, OR 97298
E-Mail: [e-mail]
REC PETITION TO INTERVENE
rPC-E-17-14
PAGE I
I
2. REC will be represented in this proceeding by Gregory M. Adams and
Peter J. Richardson of Richardson Adams, PLLC. All documents relating to these
proceedings should be served on the following persons at the addresses listed:
Gregory M. Adams (ISB No. 7454)
Peter J. Richardson (ISB No. 3195)
Richardson Adams, PLLC
515 N.27th Street
Boise,Idaho 83702
Telephone : [phone]
Fax: [phone]
gre g@richardsonadams. com
peter@richardsonadams. com
3. REC is a coalition of small hydro qualifying facility ("QF") power
producers that have power purchase agreements ("PPAs") with Idaho investor-owned
utilities, or who may seek PPAs with Idaho utilities. REC was established in2009, and is
comprised of nearly 40 members that are both small and large QFs who own, operate or
are developing approximately 50 renewable energy generation facilities in Oregon, Idaho,
Montana, Washington, Utah, and Wyoming. Several types of entities are members of the
REC, including irrigation districts, water districts, corporations, and individuals. The
majority of REC members' individual QFs are small hydroelectric projects less than 7
megawatts in capacity, but the membership also includes facilities utilizing biomass,
solar, geothermal, and waste energy. Most of the REC's members operate existing
projects that have been operating and selling to utilities for numerous years, but many of
the members are developing or planning to develop new projects. REC actively
participates in renewable energy legislation, PURPA related proceedings, Integrated
Resource Planning processes, and other investigations in the Northwest regarding QFs.
REC PETITION TO INTERVENE
IPC-E-17-14
PAGE 2
4. Idaho Power Company's application in this proceeding states: "Shorock
Hydro objects to the inclusion in this ESA of provisions relating to Surplus Energy
('90ohllllyo') and provisions of the ESA, Generator Interconnection Agreement ('GIA'),
and Schedule 72 relating to the payment of Operation and Maintenance ('O&M')
charges." Application at2. It further states: "Both parties agree to be bound by the
executed ESA with the inclusion of whatever determination the Commission makes with
regard to the 90%lll0%o and O&M provisions." Id
5. Thus, it appears that as initially filed the application contemplated that the
parties would adjudicate the continued reasonableness of the 90lll0 performance band
typically included in Commission-approved PURPA contracts and the O&M provisions
in Idaho Power's Schedule 72. P.EC shares Shorock Hydro's concern with the
reasonableness of these provisions. Although REC does not typically intervene in
individual contract approval cases, REC seeks to intervene here because any Commission
proceeding that addresses the merits of these PURPA contract provisions could set
precedent that could apply to REC members' future contracting rights and obligations.
Such precedent may also impact REC's ability to propose generic changes to these
PURPA contracting issues in the future. Additionally, REC would be able to present
information regarding the 90/l l0 band and the O&M charges that would assist the
Commission in more fully understanding these issues.
6. Given the issues raised in the application in this proceeding noted above,
REC has a direct and substantial interest in this proceeding that will not be adequately
represented by any other party. REC will not unreasonably broaden the issues, burden
the record, or delay this proceeding.
REC PETITION TO INTERVENE
IPC-E-17-14
PAGE 3
WHEREFORE, REC respectfully requests that the Commission grant its petition
to intervene with full party status in this proceeding and to appear and participate in all
matters as may be necessary and appropriate; and to present evidence, call and examine
witnesses, cross-examine witnesses, present argument, and to otherwise fully participate
in the proceedings.
Dated october llr,zotl.
By:
M. Adams (ISB No. 7454)
Adams, PLLC
515 N. 27th Street
Boise,ID 83702
Telephone : 208.938.223 6
Fax: [phone]
gre g@richardsonadams. com
REC PETITION TO INTERVENE
IPC-E-17-14
PAGE 4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the l2dUay of October 2017,a true and correct copy of the
within and foregoing PETITION OF RENEWABLE ENERGY COALITION TO
INTERVENE in Case No. IPC-E-17-14 was served by United States Mail, postage
prepaid, and electronic mail to:
Diane Hanian
Commission Secretary
Idaho Public Utilities Commission
472West Idaho Street
Boise, Idaho 83702
d iane. holt@puc. idaho. gov
Daphne Huang
Deputy Attorney General
Idaho Public Utilities Commission
472West Idaho Street
Boise, Idaho 83702
daphne.huang@puc. idaho. gov
REC PETITION TO INTERVENE
IPC-E-17-14
PAGE 5
Donovan Walker
Idaho Power Company
l22l West Idaho Street
Boise, Idaho 83702
dwalker@ idahopower. com
dockets@idahopower. com
Gregory M. Adams