20210104Petition to Intervene.pdf

Gregory M. Adams (ISB No. 7454)
Peter J. Richardson (ISB No. 3195)
Richardson Adams, PLLC
515 N. 27ft Street
Boise,Idaho 83702
Telephone: [phone]
Fax [phone]
greg@richardsonadams. com
p eter@richardsonadams. com
Attorneys for Coleman Hydroelectri c, LLC
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF IDAHO POWER COMPANY FOR
APPROVAL OR REJECTION OF AN
ENERGY SALES AGREEMENT WITH
COLEMAN HYDROELECTRIC LLC, FOR
THE SALE AND PI.JRCHASE OF ELECTRIC
ENERGY FROM THE COLEMAN HYDRO
PROJECT
CASE NO. IPC-E-20-27)
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COLEMAN HYDROELECTRIC, LLC'S
PETITION TO INTERVENE OR
DETERMINE ORIGINAL PARTY
STATUS
Coleman Hydroelectric, LLC ("Coleman Hydro") hereby requests that the Commission
determine Coleman Hydro is an original party to this proceeding under Idaho Public Utilities
Commission ("Commission") Rule of Procedure, Rule 3I,IDAPA 31.01.01.031, or in the
alternative, petitions to intervene in this proceeding under the Rule 71, IDAPA 31.01.01.071.
Coleman Hydro makes this filing to ensure its right to fully participate as a party in the
remainder of this proceeding and any appeal therefrom.
REQUEST TO DETERMINE ORIGINAL PARTY STATUS
Coleman Hydro submits that it should be considered an "originalparty" to this
proceeding under Rule 31, IDAPA 31.01.01.031, and respectfully requests the Commission issue
COLEMAN HYDROELECTRIC, LLC'S PETITION TO INTERVENE OR DETERMINE
ORIGINAL PARTY STATUS
wc-E-20-27 - PAGE I
an order confirming such status, to ensure Coleman Hydro's full rights as a party to this
proceeding. As the record establishes, Coleman Hydro is the counter party to Idaho Power
Company in the Energy Sales Agreement submitted for approval in this proceeding, and
Coleman Hydro is the developer and owner of the qualiffing facility that is the subject of that
agreement. Therefore, Coleman Hydro qualifies as an o'original party" as an "applicant" because
it seeks the Commission-approved right to sell power to Idaho Power Company under such
Energy Sales Agreement. IDAPA 31.01.01.032. Separately, Coleman Hydro qualifies as an
"original party" because it is a "petitioner" that has filed a Petition for Reconsideration of Order
No. 34870 with the Commission. IDAPA 31.01.01.033. To date, the Commission has treated
Coleman Hydro as an originalparty through service of documents and filings on Coleman Hydro
and its counsel, further supporting Coleman Hydro's status as an original party.
PETITION TO INTERYENE
In the alternative, should the Commission determine that Coleman Hydro is not an
original party, Coleman Hydro respectfully requests the Commission grant Coleman Hydro
status as an intervenor in this proceeding under Rule 71, IDAPA 31.01.01.071. In support of its
Petition to Intervene, Coleman Hydro states as follows:
l. The name and address of this Intervenor is:
Coleman Hydroelectri c, LLC
c/o Jordan Whittaker
PO Box 177
Leadore, Idaho 83464
208-303-0001
twodotirri g ation@ gmail. com
Copies of all pleadings, production requests, production responses, Commission orders
and other documents should continue to be provided to Gregory M. Adams at the email address
COLEMAN HYDROELECTRIC, LLC'S PETITION TO INTERVENE OR DETERMINE
ORIGINAL PARTY STATUS
IPC-E-20-27 _PAGE2
noted above and to Jordan Whittaker at the email address noted above.
2. As the counter party to Idaho Power Company in the Energy Sales Agreement
submitted for approval in this proceeding and developer and owner of the qualiffing facility that
is the subject of that agreement, Coleman Hydro's rights and obligations to operate and sell the
output of its hydroelectric facility will be impacted by the outcome of this proceeding. Indeed,
the Commission's Order No. 34870 issued in this proceeding would deprive Coleman Hydro of
the avoided cost rates upon which it relied when it committed substantial expenditures to
developing its facility. Thus, Coleman Hydro will be directly and substantially impacted by the
outcome of this proceeding and should be granted party status.
3. Without being granted purty status, Coleman Hydro's right to fully participate in
this proceeding and any appeal therefrom may be materially compromised.
4. Granting Coleman Hydro's Petition to Intervene will not unduly broaden the
issues beyond their proper scope, nor will it unduly prejudice any party to this case.
5. This Petition to Intervene is timely filed under Rule 73, IDAPA 31.01.01.073,
because the Commission has not yet held a hearing or procedural conference, and the
Commission has not established a deadline for intervention. In any event, no party will be
prejudiced by the timing of this Petition to Intervene because no hearing is scheduled in this
matter and granting Coleman Hydro intervenor status will not impact the deadlines remaining in
this proceeding under the rules for reconsideration.
WHEREFORE, Coleman Hydro respectfully requests that this Commission issue an
order confirming Coleman Hydro's status as an original party to this proceeding, or alternatively,
grant Coleman Hydro's Petition to Intervene.
COLEMAN HYDROELECTRIC, LLC'S PETITION TO INTERVENE OR DETERMINE
ORIGINAL PARTY STATUS
IPC-E-20-27 -PAGE 3
Respectfully submitted this 4th day of January 2021
RICHARDSON ADAMS, PLLC
3rC,rl^-
cre6r/ M. Adams (ISB No. 7454)
Peter J. Richardson (ISB No. 3195)
515 N.27ft Steet
Boise,Idaho 83702
Telephone: [phone]
Fax: [phone]
greg @richardsonadams. com
peter@richardsonadams. com
Attorneys for Coleman Hydroelectri c, LLC
COLEMAN HYDROELECTRIC, LLC'S PETITION TO INTERVENE OR DETERMINE
ORIGINAL PARTY STATUS
IPC-E-20.27 _ PAGE 4
CERTIFICATE OF SERYICE
I HEREBY certi$/ that I have on this 4thday of January 2021, served the foregoing
Petition to lntervene or Determine Original Party Status of Coleman Hydroelectric, LLC, by
electronic mail to the following:
JanNoriyuki
Commission Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, lD 83720-0074
j an.noriyuki@puc. idaho. gov
Donovan Walker
Regulatory Dockets
PO Box 70
Boise,ID 83707-0070
dwalker@idahopower. com
dockets@idahopower. com
John R. Hammond
Deputy Attomey General
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074
j ohn.hammond@puc. idaho. gov
Energy Contracts
Idaho Power Company
PO Box 70
Boise, D 83707-0070
energycontracts @idahop ower. com
By:
M. Adams (ISB No. 7454)
COLEMAN HYDROELECTRIC, LLC'S PETITION TO INTERVENE OR DETERMINE
ORIGINAL PARTY STATUS
PC-E-20-27 - PAGE 5