20201109Idaho Power Joint Motion to Stay.pdf

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DONOVAN WALKER
Lead Counsel
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An DACORP Comparry
November 9,2020
VIA ELECTRONIC FILING
Jan Noriyuki, Secretary
Idaho Public Utilities Commission
11331 W. Chinden Boulevard
Building 8, Suite 201-A
Boise, ldaho 83714
Case No. IPC-E-20-28
Wood Hydro, LLC v. ldaho Power Company
Dear Ms. Noriyuki:
Attached for electronic filing in the above matter is ldaho Power Company's Joint
Motion to Stay. lf you have any questions about the enclosed documents, please do not
hesitate to contact me.
Very truly yours,
Re
Donovan Walker
DONOVAN E. WALKER (lSB No. 5921)
ldaho Power Company
1221West ldaho Street (83702)
P.O. Box 70
Boise, ldaho 83707
Telephone: [phone]
Facsimile: [phone]
dwa [e-mail]
Attorney for ldaho Power ComPanY
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
WOOD HYDRO, LLC,
Complainant,
V.
IDAHO POWER COMPANY,
RespondenVCross-
Complainant,
V.
WOOD HYDRO, LLC,
Cross-Respondent,
ENEL GREEN POWER NORTH
AMERICA, INC.
Cross-ResPondent,
V.
CENTRAL RIVERS POWER US, LLC
Cross-Respondent.
CASE NO. IPC-E-20-28
IDAHO POWER COMPANY'S JOINT
MOTION TO STAY
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IDAHO POWER COMPANY'S JOINT MOITION TO STAY - 1
r. MoTtoN
coMES Now, Idaho Power company ("ldaho powe/' or ,,company") and
pursuant to Rule 56 and 256 hereby respectfully moves the ldaho Public Utilities
Commission ("|PUC" or "Commission") to stay the proc,eedings in this matter. ldaho
Power; Wood Hydro, LLC; Enel Green Power North America, tnc.; and Central Rivers
Power US, LLC ("Parties") are engaged in settlement discussions that the parties
anticipate will result in a Settlement Stipulation to be submitted to the Commission for its
review that would resolve all issues raised in this proceeding, and ask that the
Commission grant this stay of proceedings to maintain the present status quo white the
Parties finalize the Settlement Stipulation and submit the same to the Commission for
its review.
II. BACKGROUND
on June 25, 2020, wood Hydro, LLC ('wood Hydro" or "Mile 2g') filed a
Complaint with the Commission alleging that ldaho Power had improperly withheld Net
Firm Energy payments due to Wood Hydro under its PURPAI Firm Energy Sales
Agreement ("FESA"). Complaint at p 1. On July 19, 2020, the Commission issued a
Summons to ldaho Power directing it to Answer Wood Hydro's Complaint. On August
3, 2020, ldaho Power filed its Answer to Wood Hydro's Complaint, and additionally
brought a Cross-Complaint against Wood Hydro/Mile 28, Enel/Rock Creek #2, and
Central Rivers/Lowline #22 regarding the similar provisions contained in each of the
entities' Commission-approved FESAs under pURpA.
1 Public Utility Regulatory Policies Act of 1978.
2 Wood Hydro, LLC owns/controls the Mile 28 hydroelectric QF, Enel Green power NA, lnc.,owns/controls the Rock Creek #2 hydroelectric QF, and Central Rivers Power US, LLC owns/controls theLowline #2 hydroelectric QF.
IDAHO POWER COMPANY'S JOINT MOITION TO STAY - 2
On August 27, 2020, the Commission issued Order No. 34764 directing Wood
Hydro to file a reply to ldaho Power's Answer and Cross-Complaint and directing
Summonses to be issued to Central Rivers and Enel Green Power. Wood Hydro filed
its Reply on September 17,2020. Central Rivers and Enel Green Power each filed
separate Motions to Dismiss, objecting to the Commission's jurisdiction on September
17, 2020. ldaho Power filed an Answer to the Motions to Dismiss on October 1, 2020.
This matter was submitted to the Commission under the heading, Fully Submitted
Matters, on the Commission's October 13,2020, Decision Meeting.
III. REQUESTED RELIEF
WHEREFORE, ldaho Power respectfully requests that the Commission issue an
Order staying further proceedings in this matter, in anticipation of the Parties submitting
a Settlement Stipulation for Commission's review. The Parties will either submit a
Setlement Stipulation to the Commission for further proceedings, or alternatively, if
unable to agree to the terms and conditions of settlement, will submit a request to lift the
stay of proceedings.
All Parties have reviewed this Motion and concur and join in this request. This
Motion does not serve as a waiver of any arguments or other rights held by the Parties,
including the right to contest jurisdiction if a Settlement Stipulation is not entered.
Respectfully submitted this gth day of November 2020.
TDAHO POWER COMPANY
fu€dat4.
DONOVAN E. WALKER
Attorney for ldaho Power ComPanY
IDAHO POWER COMPANY'S JOINT MOITION TO STAY - 3
WOOD HYDRO, LLC
C, tfromasflr1losfr
By Donovan E. Walker, Electronically authorized
November 9, 2020, 3:40 p.m.
C. THOMAS ARKOOSH
Attorney for Wood Hydro, LLC
CENTRAL RIVERS POWER US, LLC
Signature Altached
PRESTON N. CARTER
Attorney for Central Rivers Power US, LLC
ENEL GREEN POWER NORTH AMERICA,
tNc.
Signature Attached
GREGORY M. ADAMS
Aftorney for Enel Green Power North America,
lnc.
IDAHO POWER COMPANY'S JOINT MOITION TO STAY - 4
WOOD HYDRO, LLC
Signature Aftached
C. THOMAS ARKOOSH
Attomey forWood HYdro, LLC
CENTRAL RIVERS POWER US, LLC
PRESTON N. CARTER
Attorney for Central Rivers Power US, LLC
ENEL GREEN POWER NORTH AMERICA'
tNc
GREGORY M. ADAMS
Attorney for EnelGreen Power North America,
Inc.
IDAHO POWER COMPANY'S JOINT MOITION TO STAY - 4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this gth day of November 2020,1 served a true and
correct copy of IDAHO POWER COMPANY'S MOTION TO STAY upon the following
named parties by the method indicated below, and addressed to the following:
Wood Hydro, LLG
C. Thomas Arkoosh
ARKOOSH LAW OFFICES
802 w. Bannock St. Suite LP 103
P.O. Box 2900
Boise, ldaho 83701
Email [e-mail]
[e-mail]
_Hand Delivered
_U.S. Mail
_Overnight Mail
_FAXX Email
ldaho Public Utilities Commission Staff
Edward Jewell
Deputy Attorney General
Email: [e-mail]
_Hand Delivered
_U.S. Mail
_Overnight Mail
_FAXX Email
Enel Green Power North America, !nc.
Gregory M. Adams
Richardson Adams PLLC
515 N.27th Street
Boise, lD 83702
Emai! : [e-mail]
_Hand Delivered
_U.S. Mail
_Overnight Mail
_FAXX Email
Randald Bartleft
Sr. Director, Hydro O&M
Email: [e-mail]
[e-mail]
IDAHO POWER COMPANY'S JOINT MOITION TO STAY - 5
Central Rivers Power US, LLC
Preston N. Carter
Givens Pursley LLP
601 W. Bannock St.
Boise, lD 83702
Email: [e-mail]
_Hand Delivered
_U.S. Mail
Overnight Mail
_FAXX Email
Matthew Stanley
VP and General Manager
Email: mstanlev@centra lriversoower.com
Christy Davenport, Legal Secretary
IDAHO POWER COMPANY'S JOINT MOITION TO STAY - 6