20201224Answer to Gietzen Solar.pdf

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Julia Hilton
Deputy General Counsel and
Director of Legal
[e-mail]
December 24,2020
ELEGTRONIC FILING
Jan Noriyuki, Secretiary
ldaho Public Utilities Commission
11331 W. Chinden Boulevard
Building 8, Suite 201-A
Boise, ldaho 83714
Re Case No. IPC-E-20-26
ln the Matter of ldaho Power Company's Application for Authority to
Modify Schedule 84's Metering Requirement and to Grandfather Existing
Customers with Two Meters
Dear Ms. Noriyuki:
Attached for electronic filing, pursuant to Order No. 34602, is ldaho Power
Company's Answer to Gietzen Solar, LLC's Petition for Reconsideration.
lf you have any questions about the attached document, please do not hesitate to
contact me.
Very truly yours,
(J/- *-){(
Julia Hilton
JH:sdh
Attachment
JULIA HILTON (lSB No.7740)
ldaho Power Company
1221West ldaho Street (83702)
P.O. Box 70
Boise, ldaho 83707
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorney for ldaho Power Company
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF IDAHO POWER
COMPANY'S APPLICATION FOR
AUTHORITY TO MODIFY SCHEDULE
84's METERING REQUIREMENT AND TO
G RANDFATHER EXISTING CUSTOMERS
WITH TWO METERS.
CASE NO. IPC-E-20-26
IDAHO POWER COMPANY'S
ANSWER TO GIETZEN SOLAR,
LLC'S PETITION FOR
RECONSIDERATION
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On December 17,2020, Gietzen Solar, LLC ("Gietzen Solar), served a Petition for
Reconsideration ("Petition") requesting that the ldaho Public Utilities Commission
("Commission") clarify and/or reconsider the portion of Order No. 34854 that sets forth
eligibility criteria for legacy treatment for customers who have applied for interconnection
under Schedule 84, Customer Energy Production Net Metering ("Schedule 84") by the
service date of the order. Gietzen Solar's Petition also claims that ldaho Power
Company's ("ldaho Powe/' or "Company") existing procedure for processing the
applications that were received by the order date has exposed both Gietzen Solar and its
customers to potential discrimination.
ldaho Power, in accordance with ldaho Code S 61-626 and RP 331.02 and 331.05,
files this Answer to Gietzen Solar's Petition. ldaho Power will (1) provide background on
IDAHO POWER COMPANY'S ANSWER TO GIETZEN SOI.AR, LLC'S PETITION FOR
RECONSIDERATION- 1
how it has applied the Commission's criteria for grandfathering in Order No. 34854 and
the Company's procedures for identifying fully submitted applications, and (2) respond to
statements made by Gietzen Solar regarding when potential Schedule 84 customers
would have been made aware of the Company's proposa! in this case.
I. APPLICANT CRITERIA FOR GRANDFATHERTNG
Order No. 34854 defined existing customer-generators as those that
interconnected a system by the service date of the order or who have aoplied for
interconnection under Schedule 84 bv the service date of the order and interconnect their
system within one year.1 The Commission's order addressed those customers and
systems that had already "made a significant investment in an on-site system based on
reasonable reliance of program stability," stating it would be "fair just, and reasonable,
non-discriminatory, and in the public interest to allow those customer-generators to
recoup the value of their investments over the anticipated life of their investment" and that
"legacy treatment is only appropriate in limited circumstances."2
The Commission's focus appears to be intended to protect customers who made
a financial investment, and the Company does not believe the Commission intended to
create a situation that incentivized installers to submit applications after reading the
Commission Order. The Company received several inquiries from installers on the
afternoon of December 1, 2020, after Order No. 34584 was issued. For example, one
installer submitted 49 applications and application fees on December 1, 2O2O on behalf
of a potential customer. ln the days following, that customer contacted ldaho Power
requesting to rescind the 49 applications because the solar installer provided the
I Order No. 34854 at 12.
2 ld., at 11.
IDAHO POWER COMPANY'S ANSWER TO GIETZEN SOLAR, LLC'S PETITION FOR
RECONSIDERATION- 2
customer with misleading information. ldaho Power is concemed that instead of focusing
on protecting customers who have already made or are on the cusp of making financial
investments, Gietzen Solar is attempting to manipulate the Commission's grandfathering
criteria for its own financia! gain.
ldaho Power is focused on equitrable and consistent treatment in accepting
customer applications, and there has been no discrimination in ldaho Powe/s procedures
for processing applications as Gietzen Solar's Petition suggests. Schedule 72,
lnterconnections to Non-Utility Generation ("schedule 72"), Section 2 (Application
Process) states:
1. Customers must submit a completed application form and $100
application fee to the Company. Applications are available on the
Company's website or will be provided to the Customer upon request.
2. Upon receipt of a completed application and $100 fee, the Company will
provide the Customer with written or electronic mail notification that the
application has been received and all necessary information has been
provided. (Third Revised Sheet No. 72-7, emphasis added)
As set forth in Schedule 72,lhe Company's business practice is to consider an application
fully submitted as of the date a completed application form and $100 application fee is
received; ldaho Power has consistently applied this standard to allapplications received.
The Company believes it is both reasonable and necessary not to modify the business
process that is used to identifyfully submitted applications. Further, to determine whether
a customer is eligible for legacy treatment, the Company required a fully submitted
application to be physically received by the Company on or before December 1,2020.
II. CUSTOMER AND INSTALLER NOTICE
ln order to proactively ensure that all customers were aware of potential changes
to these rules, after filing the Application in this case, the Company sent a bill insert to
IDAHO POWER COMPANY'S ANSWER TO GIETZEN SOLAR, LLC'S PETITION FOR
RECONSIDERATION- 3
every Schedule 9, Large General Service, Schedule 19, Large Power Service, and
Schedule 24, Agricultural lrrigation Service customer notifying them of the proposed filing
(see Application, Attachment 3); the notices were provided in customer bills between July
6 and August 4, 2020. Additionally, installers received an emai! on June 25, 2020,
notifying them of the case and the requested effective date of December 1, 2020 (see
Application, Attachment 4). Gietzen Solar attempts to suggest that it was disadvantaged
due to the timing and lack of appropriate notice for a customer to decide to proceed with
an investment, but the Company took steps to ensure that customers and installers had
ample notice of potential changes. The Company did not disadvantage any customer or
installer by administering the provisions of Schedule 72when processing the applications.
III. CONCLUSION
ldaho Power respectfully requests the Commission issue an order denying Gietzen
Solar's Petition for reconsideration and find that (1) the Company's procedure for
identifying fully submifted applications (application form and fee) is fair, just, and
reasonable, (2) a fully submitted application physically received by the Company on or
before December 1, 2O2O, is considered eligible for legacy treatment, and (3) potential
customers and installers received reasonable notice of the Company's Application and
the potentialfor changes to the tariff.
DATED at Boise, ldaho, this 24h day of December 2O2O.
(l.:*-){("
Julia Hilton
Attorney for ldaho Power Company
IDAHO POWER COMPANY'S ANSWER TO GIETZEN SOLAR, LLC'S PETITION FOR
RECONSIDERATION- 4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 24th day of December,2020 I served a true and correct
copy of the within and foregoing IDAHO POWER COMPANY'S ANSWER TO GIETZEN
SOLAR, LLC'S PETITION FOR RECONSIDERATION upon the following named parties
by the method indicated below, and addressed to the following:
Commission Staff
Edward Jewell
Deputy Attomey General
ldaho Public Utilities Commission
11331West Chinden Blvd., Bldg No. 8
Suite 201-A(83714)
Boise, lD 83720-0074
ldaho lrrigation Pumpers Association, lnc
Eric L. Olsen
Echo Hawk & Olsen, PLLC
505 Pershing Ave., Suite 100
PO Box 6119
Pocatello, !D 83205
Anthony Yankel
12700 Lake Ave. Unit 2505
Lakewood, OH 44107
ldaho Gonservation League
Benjamin J. Otto
ldaho Conservation League
710 N.6fr Street
Boise, lD 83702
City of Boise Gity
Scott Muir
Deputy City Attomey
Boise City Attorney's Office
105 N. Capitol Blvd.
PO Box 500
Boise, lD 83701-0500
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IDAHO POWER COMPANY'S ANSWER TO GIETZEN SOLAR, LLC'S PETITION FOR
RECONSIDERATION- 5
Micron Technology, Inc.
Austin Rueschhoff
Thorvald A. Nelson
Holland & Hart, LLP
555 17h Street, Suite 3200
Denver, CO 80202
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tnelson(Ohol landhart.com
aclee@ holland hart.com
q lqa rqa noa m a ri@ hol la nd ha rt. co m
Jim Swier
Micron Technology, lnc.
8000 South FederalWay
Boise, lD 83707
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ldaho Sierra Glub
Kelsey Jae
Law for Conscious Leadership
920 N. Clover Dr.
Boise, lD 83703
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Lisa Young
Mike Heckler
ldaho Sierra Club
503 W Franklin St.
Boise, lD 83702
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mich ael nh ail.com
lndividual
Russell Schiermeier
29393 Davis Road
Bruneau, lD 83604
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Gietzen Solar
Logan Gietzen
120 9th Ave. S.
Buh!, ldaho 83316
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IDAHO POWER COMPANY'S ANSWER TO GIETZEN SOLAR, LLC'S PETITION FOR
RECONSIDERATION- 6
Agripower Solar, LLC
Preston N. Carter
BIake W. Ringer
Givens Pursley LLP
601 W. Bannock St.
Boise, ldaho 83702
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J**-z-z#,*--
Sandra D. Holmes
Lega! Adm inistrative Assistant
IDAHO POWER COMPANY'S ANS\A'ER TO GIETZEN SOLAR, LLC'S PETITION FOR
RECONSIDERATION- 7