20180529Petition to Intervene.pdf

Michael C. Creamer (ISB No. 4030)
Preston N. Carter (ISB No. 8462)
Givens Pursley LLP
601 W. Bannock St.
Boise, ID 83702
Telephone: [phone]
Facsimile: (208) -388-l 300
mcc@ givenspursley. com
pnc@ givenspursley. com
IN THE MATTER OF PETITION OF
IDAHYDRO, SHOROCK HYDRO, INC.,
J.R. SIMPLOT COMPANY, AND
RENEWABLE ENERGY COALITION
FOR MODIFICATION OF THE 9OlI10
PERFORMANCE BAND AND
CALCULATION OF OPERATION AND
MAINTENANCE CHARGES FOR
PURPA QUALIFYING FACILITIES
RECTIVTI)
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Attorneys for Tamarack Energy Partnership
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASE NO. IPC.E.18-07
TAMARACK ENERGY
PARTNERSHIP'S PETITION TO
INTERVENE
Tamarack Energy Partnership ("Tamarack"), pursuant to the Commission's Rule of
Procedure 71, petitions the Idaho Public Utilities Commission ("Commission") for leave to
intervene in this proceeding and appear and participate as a full party.
1. The name and address of the intervenor is:
Tamarack Energy Partnership
c/o Michael C. Creamer and Preston N. Carter
601 W. Bannock
Boise, ID 83702
Phone: [phone]
Facsimile: (208) 388-1 300
E-Mail : mcc@givenspursley. com; pnc@givenspursley. com
Copies of all correspondence, comments, pleadings, production requests, production
responses, Commission orders and other documents should be provided to Michael Creamer and
Preston Carter as noted above.
TeMeRecK's PETITIoN ro INrERveNe - 1
2. Tamarack is a partnership of Evergreen Energy, Inc. and PV Investments, Inc.,
and sells electricity generated at its lumber mill facilities in New Meadows, Idaho to Idaho
Power Company (the "Company"). Tamarack, through Evergreen Energy, Inc., initially sold
energy to the Company pursuant to a thirty-five year term Power Sales Agreement entered into
in 1981.
3. A new Energy Sales Agreement ("ESA") was signed by Evergreen Energy, Inc.
on March 22,2078 and by Idaho Power on March 27,2018. A petition for approval of the ESA
was filed with the Commission on March 29,2018. Commission approval of the ESA is pending.
4. The ESA contains the90Yol110% performance band and Operations and
Maintenance ("O&M") provision at issue in this proceeding. As such, Tamarack has a direct and
substantial interest in this proceeding. Tamarack also believes that it can provide facts and
argument that will assist the Commission in resolution of this proceeding.
5. Without the opportunity to intervene, Tamarack would be without a means of
participation in this proceeding, which may have a material impact on provisions in the ESA.
6. Tamarack intends to participate as a party, to submit comments, and if necessary,
to introduce evidence, cross-examine witnesses, call and examine witnesses, and be heard in
argument. The nature and scope of evidence Tamarack may introduce is dependent upon the
nature and scope of other evidence in this proceeding.
7. Granting Tamarack's Petition to Intervene will not unduly broaden the issues nor
will it prejudice any other party to this case.
Tamarack Energy Partnership respectfully requests that this Commission grant its
Petition to Intervene in these proceedings and to appear and fully participate in all matters as it
may deem necessary and appropriate.
TAMARACK's PETITIoN ro INrEnvENe - 2
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Respectfully submitted on May 29,2018.
GIVENS PURSLEY LLP
-)1/--'Ll
Michael C. Creamer
Preston N. Carter
Attorneys for Tamarack Energt Partnership
TAMARACK'S PETITIoN To INTERVENE - 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 29th day of May, 2078, I caused an original and seven
(7) copies of the foregoing to be served upon:
Ms. Diane M. Hanian, Secretary
Idaho Public Utilities Commission
472 W . Washington Street
Boise, ID 83702
by hand delivering the same to the above-named at the last known address(s) as set forth above
and sending a copy via electronic mail to the addresses below.
Donovan E. Walker
Idaho Power Company
1221 W.Idaho Street
PO Box 70
Boise, ID 83707
dwalker@idahopower. com
Idahydro and Shorock Hydro, Inc.
C. Tom Arkoosh
Arkoosh Law Offices
802 W. Bannock Street, Suite 900
P.O. Box 2900
Boise, ID 83701
Tom.arkoosh@arkoosh. com
J.R. Simplot Company
c/o Peter J. Richardson & Gregory M. Adams
Richardson Adams, PLLC
515 N.27th Street
PO Box 7218
Boise, ID 83702
peter@ri chardsonadams. com
gr e g@ichardsonad am s. com
Renewable Energy Coalition
c/o Irion Sanger
Sanger Law, P.C.
1117 SE 53'd Avenue
Portland, OP.97215
[e-mail]
[e-mail] (via email only)
TAMARACK's PETrrroN ro INrenveNs - 4
Preston N. Carter
I
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