20210610Petition to Intervene.pdf

Peter J. Richardson
ISB No.3l95
Richardson Adams, PLLC
515 N. 27th Street
P.O. Box 7218
Boise, Idaho 83702
Telephone: [phone] I
Fax: [phone]
peter@richardsonadams. com
Attorneys for the lndustrial Customers of ldaho Power
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF IDAHO POWER
COMPANY'S APPLICATION FOR
APPROVAL OF THE CAPACITY
DEFICIENCY TO BE UTILIZED FOR
AVOIDED COST CALCULATIONS
CASE NO. IPC-E-21-09
PETTTION TO INTERVENE
OF THE TNDUSTRIAL CUSTOMERS
OF IDAHO POWER
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MOTION TO STAY PROCEDURAL
SCHEDULE PENDING DISCOVERY
OPPORTUNITY
AND
WRITTEN PROTEST IN OPPOSITION
TO PROCEEDING PURSUANT TO
MODIFIED PROCEDURE
COMES NOW, The lndustrial Customers of ldaho Power, hereinafter referred to as
"lntervenor" or the "ICIP'' and pursuant to the Rules of Procedure, Rule 7 I IDAPA 3 I .01 .01 .71
of the Idaho Public Utilities Commission ("Commission") and hereby petitions the Commission
for leave to intervene herein and to appear and participate herein as a party. The ICIP also
respectfully moves the Commission to vacate its current schedule established in Order No. 35023
in this docket, which schedule proposes a written comment deadline of June 23,2021. Finally,
the ICIP formally protests, pursuant to Commission's Rules of Procedure, Rule 203, IDAPA
3 l.0l.0l .203, the use of Modified Procedure in this matter due to the complexity of the issues
involved and due to the need for additional information that has been engendered by Idaho
Power Company's ("ldaho Power" or the "Company") conflicting NOI (defined infra) and its
Application in this matter. [n support of said (l) Petition to Intervene, (2) Motion to Stay
Procedureal Schedule, and (3) Protest in opposition to Proceeding Pursuant to Modified
Procedure, the ICIP says as follows:
I
INTRODUCTION _ BACKGROLIND
Idaho Power initiated this docket on April 9,2021, pursuant to a process established by
this Commission for determining Idaho Power's first deficit year for purposes of calculating its
avoided cost ratesr for use in PURPA Qualifring Facility contracts. The process established by
the Commission contemplated a relatively fast and non-controversial determination of ldaho
Power's first deficit date as initially determined in that utility's most recently Commission
acknowledged Integrated Resource Plan ("IRP"). Idaho Power's application complied with the
Commission's process for such proceedings by proposing aJirst deficit date of 2028 with
supporting documentation derived from its most recently acknowledged Integrated Resource
Plan IRP.2 Accordingly, on April 23,2021, the Commission issued a Notice of
Applicatior/Notice of Modified Procedure in this docket establishing a deadline of June 23,
2021, for written comments. Presumably, because the application, cs initially filed, was
I See, generally Commission Order No. 32679 in Docket No. GNR-E-l l-03 and subsequent
orders refining the process in Commission Order Nos. 33084, 33159 and34649.
2 See Attachment I to the Company's Application showing a first deficit date of August 2028
based on its 2019 IRP.
ICIP Intervention, Motion to Stay and 2
Protest to Modified Procedure
- IPC-E-2r-09
relatively routine and non-controversial, no written comments have been lodged and no petitions
to intervene have been filed in this matter.
ldaho Power's application was therefore on track for a quick and non-controversial
approval under modified procedure. But then, on May 21,2021, Idaho Power issued a press
release3 in which it stated that:
Growth across the company's service area has prompted a need for additional resources
by summer 2023. Request for proposal will go out to developers this summer.
Shortly thereafter (or perhaps contemporarily therewith4; the Company issued its "Notice of
Intent - 2O2l All-Source Request for Proposal," ("NOI").5 The NOI recites, at page I that, "The
need for additional capacity resources have been identified as early as Summer 2023 at
approximately 80MW, with peak deficits that grow to approximately 400 MW by Summer
2025." The NOI identiJies 2023 as the Company's first deficit year. Yet the IRP (and related
Application in Docket No. IPC-E-21-09) identi,fies 2028 as the Company's first de/icit year.
Neither the NOI nor the IRP attempt to reconcile the obvious conflict presented by the
Company's dueling first deficit years (2023 or 2028).
The Company's NOI states that "lPC intends to issue an RFP as early as June 30,2021"
... "that specifically solicit[s] proposals for additional resources to satisfy IPC's resource needs
and forecasted capacity deficits".6
However, in Docket No. IPC-E-10-03 (previously Docket No. GNR-E-08-03) this Commission
ordered Idaho Power to:
[C]omply with RFP guidelines applicable in its Oregon service area, should the Company
commence an RFP process for a new supply-side resource prior to the development of
Idaho-specifrc RFP guidelines.
3 Attached as Exhibit l.
a The Notice of Intent is not dated.
s Attached as Exhibit 2.
6 NOI at Sections l(E) and 2(A).
lClP Intervention, Motion to Stay and
Protest to Modified Procedure
- IPC-E-2 t-09
3
There are, as of this date, no "ldaho-specific RFP guidelines." In addition, Idaho Power has not
complied with any of the Oregon RFP guidelinesT nor has it, to the best of the ICIP's knowledge,
obtained a waiver or other forgiveness of the applicability of the Oregon RFP guidelines.
Therefore, the ICIP seeks intervention in the IPC-E-21-09 docket in order to engage in
discovery and to ascertain a factual basis for resolving the conflict in the Company's dueling first
deficit years, and also in order to determine whether the Company is, in fact, violating this
Commission's competitive bidding requirements as directed in Docket No. IPC-E-10-03 and as
prescribed in the Oregon RFP rules, which rules have been made specifically applicable to ldaho
Power by order of this Commission.
II.
PETITTON TO INTERVENE
The name and address of this Intervenor is:
lndustrial Customers of ldaho Power
c/o Peter J. Richardson
Richardson Adams, PLLC
515 N.27'h St
P.O. Box 7218
Boise, Idaho 83702
Telephone: [phone]
Fax: [phone]
peter@.richardsonadams. corn
Copies of all pleadings, production requests, production responses, Commission orders
and other documents should be provided to Peter Richardson as noted above and to:
Dr. Don Reading
6070 Hill Road
Boise, ldaho 83703
[phone] Tel
[phone] Fax
7 Reference Oregon Administrative Rules 860-089-0010 through 860-089-0550.
lClP Intervention, Motion to Stay and 4
Protest to Modified Procedure
- IPC-E-2 t-09
d rcad i n g(g)m i ndspri n g.corn
This Intervenor, the lndustrial Customers of Idaho Power, ("lClP") is an unincorporated
association of Schedule l9 customers of Idaho Power. All ICIP members receive electric utility
services from ldaho Power Company. The ICIP claims a direct and substantial interest in this
proceeding in that its members' rates for electric service may be affected by the outcome of this
proceeding.
This Intervenor, in its capacity as a representative of industrial customers intends to
participate herein as a party, and if necessary, to introduce evidence, cross-examine witnesses,
call and examine witnesses, and be heard in argument, The nature and quality of evidence which
this lntervenor will introduce is dependent upon the nature and effect of other evidence in this
proceeding.
Without the opportunity to intervene herein, this Intervenor would be without any means
of participation in this proceeding which may have a material impact on the rates its members
pay for electric service.
Granting this Intervenor's petition to intervene will not unduly broaden the issues nor
will it prejudice any party to this case.
WHEREFORE, the Industrial Customers of ldaho Power respectfully requests that this
Commission grant its Petition to Intervene in these proceedings and to appear and participate in
all matters as may be necessary and appropriate; and to present evidence, call and examine
witnesses, present argument and to otherwise fully participate in these proceedings.
lClP Intervention, Motion to Stay and
Protest to Modified Procedure
- IPC-E-21-09
5
III
MOTION TO STAY PROCEDURAL SCHEDULE PENDTNG DISCOVERY
OPPORTUNITY
When the Commission issued its Notice of Application/Notice of Modified Procedure in
this docket establishing a deadline of June 23,2021, for written comments it made the finding
that Modified Procedure is the appropriate procedural vehicle for prosecuting this docket.
However, the factual landscape has dramatically changed since that order was issued and it is
now apparent that discovery (and possibly a contested hearing) will be required to resolve the
issues presented herein. Therefore, the ICIP respectfully requests that the procedural schedule
established in the Notice of Modified Procedure be suspended pending resolution of the
underlying contradictions in ldaho Power's NOI and IRP through discovery or other permissible
means of disputed fact resolution.
IV
PROTEST TO THE USE OF MODIFIED PROCEDURE
Commission Rule of Procedure, Rule 201, IDAPA 31.01.01.201 provides only that the
Commission "preliminarily find that the public interest may not require hearing to consider the
issues presented in a proceeding..." and Rule 203 provides that any person affected by the
proposal may file a written protest to the use of modified procedure. As noted above, the ICIP is
potentially affected because proceeding with the NOVRFP without complying with the Oregon
competitive procurement rules (which rules have been adopted by this Commission for
applicability to Idaho Power) may impact the rates the ICIP members are required to pay. And,
as noted above, the complexity of the issues presented are not conducive to proceeding pursuant
to written comments without first having the opportunity to engage in discovery and, depending
on how the discovery proceeds, a hearing may be necessary.
ICIP Intervention, Motion to Stay and
Protest to Modified Procedure
- IPC-E-2 t-09
6
WHEREFORE, the ICIP respectfully request the Commission issue its order granting the
ICIP's Petition to Intervene, vacating the comment deadline and suspending the applicability of
Modified Procedure pending further discovery in this matter.
DATED this l0th day of June 2021
PeterJ. R
RICHARDSON ADAMS, PLLC
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the l0rh day of June 212l,a true and correct copy of the within
and foregoing PETITION TO INTERVENE, MOTION TO STAY PROCEDURAL
SCHEDULE AND PROTEST TO MODTFIED PROCEDURE BY THE INDUSTRIAL
CUSTOMERS OF IDAHO POWER in Docket No. IPC-E-21-09 was served electonically to:
t
Donovan Walker
Regulatory Dockets
Idaho Power Company
d wa I ke r(rD i da hopower. co m
dockets@ idahopower.com
Michael Darrington
Energy Contracts
Idaho Power Company
m lark in(d idahonower.com
energycontracts@ idahopower.com
Ri
ICIP lntervention, Motion to Stay and
Protest to Modified Procedure
- IPC-E-2r-09
Commission Secretary
Idaho Public Utilities Commission
secretary(dp uc. i daho. sov
Edward Jewell
Idaho Public Utilities Commission
edward jewel I (0puc. idaho. sov
I
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EXHIBIT I
ICIP Intervention, Motion to Stay and
Protest to Modified Procedure
- rPC-E-21-09
ldaho Power W|LL Seek New Resources to Meet
Growing Dernand fcr Electricily
May 21,2021
Growth across the company3 service area has prompted a need for additiona/ resources by summer 2023. Request forproposals will go
out to developers this sumrne,:
BO|SE, ldaho - ldaho Power has issued a formal notice of intent to seek proposals for new resources that would come on-line in2023
to help the company meet the growing demand for electricity in summer evening hours.
ldaho Power currently serves more than 590,000 customers in southern ldaho and eastern Oregon, a region that continues to
experience some of the fastest growth in the nation. The company anticipates sustained groMh in demand for electricity, requiring
new resources to serve customers and maintain system reliability.
Additionally, recent changes in the regionaltransmission markets have constrained the transmission system outside ldaho Power's
service territory and significantly impacted the ability to import energy from western market hubs into ldaho Power's system.
Approximately B0 megawatts (MW) of additionalpeak-hour energy sources will be needed as early as summer2023. That need could
grow to roughly 400 MW by summer 2025, subject to timing of coal unit exits.
A megawatt is the amount of energy needed to power about 770 average-sized homes in ldaho Power's service area.
To address the need, ldaho Power will request proposals for all types of additional resourcesthat can meet peak summer demand -
generally occurring in the late evening hours. The company intends to accept rnultiple proposals representing a diversity of resource
types and bid structures.
The need for new peak hour energy sources is in addition to the 120 MW solar project near Twin Falls, scheduled to come on-line at the
end of next year The company is also working toward building the Boardman to HemingWay-h$lpjlbeagdme0rchegingw3$eg4l)
500-kilovolt transmission line that will enable the import of energy from the Pacifrc Northwest as soon as 2026.
ldaho Power currently owns 17 hydroelectric power plants on the Snake River and its tributaries, which are the backbone of the
company's clean, low-cost energy-1p14(httBS;lguryjdAhApgdeI4g!0lgggygryif9rute$/glelgylenefgy-sources/hydroelect
seedingl).
Potential developers interested in submitting proposals, or others with questions regarding the notice of intent, can reference further
d eta i I s at i d a h o@ue$r(hfielrySddahg@ u ests). o r em a i I s
ResourceN0l@idaho pgtyercAlq) for more information.
About ldaho Power
ldaho Power, headquartered in vibrant and fast-growing Boise, ldaho, has been a locally operated energy company since 19i 6 Today, it
serves a 24,000-square-mile area in ldaho and Oregon. The company's goal to provide 100% clean energy by 2045 builds on its long
history as a clean-energy leader that provides reliable service at affordable prices. With 17 low-cost hydroelectric projects at the core of
its diverse energy mix, ldaho Power's residential, business and agrlcultural customers pay among the nation's lowest prices for
electricity. lts 2,000 employees proudly serve more than 590,000 customers with a culture of safety first, integrity always and respect
for all.
IDACORP lnc. (NYSE: IDA), ldaho Power's independent publicly traded parent company, is also headquartered in Boise, ldaho To learn
more, visit idahopgtggl99m-(hllplWWy.idahgp9gef.Cqg1) or idacorping.Cpm..(hgo://www.idacorpinc.com)..
Contact:
Brad Bowlin
Communication Specialist
ldaho Power
u 2O&388:2803 (tel:[phone]Q$. and g hhsldlin@klahq
EXHIBTT 2
ICIP Intervention, Motion to Stay and
Protest to Modified Procedure
- rPC-E-21-09
\
AnUctnD6rilry
Notice of lntent
202 1 All-Source Request for Proposals
IdahoPowerGompmy
P.O. Box70
Bobc,[DA?7O7
Remurret0lOldahoporverom
Idaho Power Company Notice of lntent
TABTE OF CONTENTS
I.INTRODUCTION
IL SUPPLEMENTAT INFORMATION
B.
III. GENERAT INFORMATION
A
B.
c.
D.
E.
1
2
2
A
B.
c.
D.
E.
F.
G.
Business Conduct Po1icy............?
Small Business and Small Disadvantaged Business Program .....................-..-3
Purchasing Restrictions/ Prohibited Technologt
Page i
ldaho Power Company Notice of lntent
I. INTRODUCTION
A. Purpose
ldaho Power Company ("tPC") is releasing this Notice of Intent ("N01") in anticipation of issuing multiple all-
source requests for proposals in 2021 (2021 AS RFPs").
B. Company Background
IDACORP, Inc. is a holding company formed in 1998. Comprised of regulated and non-regulated businesses, its
origins lie with ldaho Power, a regulated electric utility that began operations in 1916.
Today, IPC is the largest regulated electric utility in the state of Idaho and IDACORP's chief subsidiary. IPC
serves over 590,000 residential, business, agricultural, and industrial customers. The company's service area
covers approximately 24,000 square miles, including portions of eastern Oregon. Learn more about ldaho
Power at www.idahopower.com.
C. Current State
IPC currently serves its customers by supplying low-cost, reliable, and clean energy. Affordable, clean
hydropower is the largest source of energy for customers. Power generation comes from a diverse set of
resources that continues to meet a growing demand. For a more detailed description of current generation
resources, please visit: lrttps://www.idahopower.corn/enerEy-enuironnrent/energy/encrgy-sources/.
D. Need for Action
IPC's service territory continues to experience customer growth and an increasing demand fload) for
electricity. IPC anticipates sustained load growth that will require the procurement of new resources to meet
peak summer demand and maintain system reliability. Additionatly, recent changes in the regional
transmission markets have constrained the Lransmission system external to the IPC service territory and
significantly impacted the ability to import energy from western market hubs for delivery to IPC's system. The
addition of new resources to meet peak demand is critical to ensure IPC can continue to reliably meet the
growing demands on its electrical system and serve its customers. The need for additional capacity resources
has been identified as early as Summer 2023 at approximately BOMW, with peak deficits that grow to
approximatley 400 MW by Summer 2025.
E. IPC's Proposed Action
IPC's proposed action includes the issuance of public 2021 AII-Source Requests for Proposalthat specifically
solicit proposals for additional resources to satisfy IPC's resource needs and forecasted capacity deficits. tPC
may accept multiple proposals representing a diversity oI resource types and bid structures to best serve
forecasted deficits. IPC remains fully commined to continuing to serve customers with reliable, affordable,
clean energy.
ldaho Power is seeking the following resource types, including but not limited to:
o Renewable
o Renewable plus Bartery Storage
r Low emission Non-Renewable, with renewable retrolit capabilitieso Standalone Battery Storage. Pumped Storage Hydroo Other Resources as applicable
Page 1
Notice of lntent ldaho Power Company
II. SUPPTEMENTAL INFORMATION
A. Key Events and Dates
lPCintendstoissueanRFPasearlyasfune30,202t. Eachrequestforproposal willincludeamoredetailed
schedule of key events and dates to meet the identified Need for Action.
B. Contact lnformation
Throughout the duration of the information gathering process, all questions, submissions, responses and other
communications concerning this NOI shall be sent to IPC via email at ResourceNOl@idahopower-com.
C. lntent to Bid Requirements
Respondents shall return the following completed documents, in an electronic copy to IPC via an email to:
[e-mail] no later than 5:00 PM MDT on lune 11. 2021, to be accepted as a respondent
in the 2021 AS RFPs:
o Attachment A - lntent to Bid form
ln the case where multiple facilities are being proposed, please provide one Attachment A - lntent to Bid Fonn
for each facility separately.
Upon receipt of the above information, IPC will provide acknowledgement of receipL
III. GENERAL INFORMATION
A. Revisions to this NOI
The information specified in this NOI reflects those presently known. IPC reserves the right to vary, in detail,
the requirements and,/or to make changes as necessary. IPC also reserves the right to cancel or to rescind this
NOt or any further RFP processes, in whole or in part, prior to the execution of a contract, if any.
B. Costto Respond
Respondent will absorb all costs incurred in responding to this NOl, including without Iimitation, costs related
to the preparation and presentation of its response. All materials submitted by the Respondeut immediately
become the property of IPC. Any exception will require written agreement by both parties prior to the time of
submission.
C. Respondent to Conform with Law
Respondent shall conform in all material respects to all applicable laws, ordinances, rules, and regulations and
nothing in this NOI shall be construed to require IPC or Respondent to act in a mallner contrary to law.
D. Business Conduct Policy
ln responding to this NOl, Respondent shall adhere to best business and ethical practices.
Respondent shall adhere to IPC's Supplier Code of Conduct, available at www.idalropowet'.com.
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ldaho Power Company
E. Small Business and Small Disadvantaged Business Program
Notice of lntent
IPC is committed to the implementation of a Small and Disadvantaged Business Program. It is the intent of IPC
that small business concerns and small businesses owned and controlled by socially and economically
disadvantaged individuals have the opportunity to participate in the performance of contracts awarded by tPC.
Consequently, we request that you indicate your eligibility as a small business based upon the regulations in
Title 13, Code of Federal Regulations, Part 121. (lf in doubt, consultthe Small Business Administration Office
in your area).
Eligibility as a smal[ disadvantaged business is first based on eligibility as a small business, as noted above.
Second, the business must be majority owned (51. percent or more) and controlled/managed by socially and
economically disadvantaged person(s). The Small Business Administration designated the following groups as
"presumed socially disadvantaged": Black Americans, Hispanic Americans, Native Americans, and Asian-Pacific
Americans, Other individuals may be found socially disadvantaged and eligible for the program on a case-by-
case basis. Ifyou have any questions, please see 13 CFR 124.1-124.1016 or contact your local Small Business
Administration office.
F. Purchasing Restrictions/Prohibited Technology
Pursuant to Section 889(alIt][B) of the fohn S. McCain National Defense Authorization Act for FiscalYear 2019,
[SupplierlContractor] must be able to represent in its agreement with ldaho Power that [Supplier/Contractor]
does not use or have installed any telecommunications equipment, systern, or service (or as a substantial or
essential component of any system or as or critical technology ol any system) made by any of the following
companies, or any subsidiary or affiliate thereof (including companies with the same principal word in the
name, e.9., "Huawei" or "Hytera"): Huawei Technologies Company; ZTE Corporation; Hytera Communications
Corporation; Hangzhou Hikvision Digital Technology Company; or, Dahua Technology Company [collectively,
"Prohibited Technology"). Prohibited Technology may include, but is not limited to, video/monitoring
surveillance equipment/services, public switching and transmission equipment, private switches, cables, local
area networks, modems, mobile phones, wireless devices, landline telephones, laptops, desktop computers,
answering machines, teleprinters, fax machines, and routers. Prohibited Technology does not include
telecommunications equipment that carrnot route or redirect user data traffic or permit visibility into any user
data or packets that the equipment transmits or handles.
G. Entire NO!
This N0l and all Exhibits, Attachments, and Addendums within are incorporated herein by this reference and
represent the final expression of this N0l. Only in[ormation supplied by IPC in writing through the parties listed
herein or by this reference made in the submittal of this NOI shall be used as the basis for the preparation of
Respondent's submittals.
Attachment A - Intent to Bid Form
Page 3