20220307Objection to Proposed Hearing Schedule.pdf

IDAHYDRO’S OBJECTION TO PROPOSED HEARING SCHEDULE AND REQUEST FOR A PROMPT ORDER ON ITS PENDING MOTION TO ESTABLISH 2023 FIRST DEFICIT DATE – Page 1
C. Tom Arkoosh ISB # 2253ARKOOSH LAW OFFICES913 W. River Street, Suite 450
P.O. Box 2900Boise, Idaho 83701Telephone: [phone]Fax: [phone]Email: [e-mail]
Admin copy: [e-mail]
Attorneys for the IdaHydro
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
COMPANY’S APPLICATION FOR APPROVAL OF THE CAPACITY DEFICIENCY TO BE UTILIZED FOR
AVOIDED COST CALCULATIONS
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IDAHYDRO’S OBJECTION TO PROPOSED HEARING SCHEDULE AND REQUEST FOR A PROMPT ORDER ON ITS PENDING MOTION TO ESTABLISH 2023 FIRST DEFICIT DATE
Pursuant to Federal Law, this Commission is constrained to approve Idaho Power
Company’s (“Idaho Power”) first deficit date on the date that Idaho Power seeks to acquire new
capacity; to wit: the summer of 2023. Recently, the Montana Supreme Court explained, “New
capacity of a utility is based on the utility's ‘schedule for the addition of new generating and
transmission facilities[.]’’1
There is no question that this Commission has a complete record of Idaho Power’s planned
acquisition of new resources commencing in the summer of 2023. Idaho Power has declared on
the record in this docket that it is actively seeking to acquire in excess of 100 MW of new resources
in the summer of 2023. See, Declaration of C. Tom Arkoosh, dated December 9, 2021, and Second
1 Mt. Sun v. Mont. Dep’t of Pub. Serv. Regulation, 401 Mont. 324, 357, 742 P. 3d 1154 (2020).
[Emphasis added.]
RECEIVED
2022 MAR 07 PM 5:03
IDAHO PUBLIC
UTILITIES COMMISSION
IDAHYDRO’S OBJECTION TO PROPOSED HEARING SCHEDULE AND REQUEST FOR A PROMPT ORDER ON ITS PENDING MOTION TO ESTABLISH 2023 FIRST DEFICIT DATE – Page 2
Declaration of C. Tom Arkoosh, dated February 15, 2022.
There is nothing more that needs to be analyzed to establish Idaho Power’s first deficit
date. That date is the date Idaho Power seeks to acquire new capacity. That date has been
established at the summer of 2023. No additional discovery, examination, or record need be
explored or established to verify the fact that Idaho Power is right now seeking to acquire over 100
MW of new capacity in the summer of 2023.
Idaho Power’s request to “open the record” and Staff’s request (via its Decision
Memorandum) to create a new comment period for discovery and additional process denies the
QF industry the opportunity, as provided for under PURPA, to offer their qualified facility
resources in order to allow the utility to avoid the addition of new capacity by purchasing needed
capacity from QFs under PURPA.
Further delay in the prosecution of this docket denies the QF industry the benefit of due
process of law. Continued delay of a decision in this docket is, in fact, a decision to deny the
existence of the true capacity deficit date that even Idaho Power has conceded. It also artificially
reduces the true avoided cost rates that PURPA requires be made available to potential QF
developers.
WHEREFORE, IdaHydro respectfully requests the Commission end the languorous pace
of this docket and issue its order establishing Idaho Power’s first capacity deficit as the summer
of 2023.
DATED this 7th day of March 2022. ARKOOSH LAW OFFICES
_______________________________
C. Tom Arkoosh Attorneys for IdaHydro
IDAHYDRO’S OBJECTION TO PROPOSED HEARING SCHEDULE AND REQUEST FOR A PROMPT ORDER ON ITS PENDING MOTION TO ESTABLISH 2023 FIRST DEFICIT DATE – Page 3
CERTIFICATE OF MAILING I HEREBY CERTIFY that on the 7th day of March, 2022, a true and correct copy of the
within and foregoing IDAHYDRO’S OBJECTION TO PROPOSED HEARING SCHEDULE AND REQUEST FOR A PROMPT ORDER ON ITS PENDING MOTION TO ESTABLISH 2023 FIRST DEFICIT DATE in Case No. IPC-E-21-09 was served, pursuant to Commission Order No. 34602, by electronic copy only, to:

Idaho Public Utilities Commission 11331 W. Chinden Blvd., Building 8,
Suite 201-A
P.O. Box 83720 Boise, ID 83720-0074
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Idaho Public Utilities Commission 11331 W. Chinden Blvd., Building 8, Suite 201-A P.O. Box 83720
Boise, ID 83720-0074
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Regulatory Dockets Idaho Power Company
1221 West Idaho Street (83702)
P.O. Box 70 Boise, ID 83707

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Energy Contracts Idaho Power Company 1221 West Idaho Street (83702) P.O. Box 70
Boise, ID 83707
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IDAHYDRO’S OBJECTION TO PROPOSED HEARING SCHEDULE AND REQUEST FOR A PROMPT ORDER ON ITS PENDING MOTION TO ESTABLISH 2023 FIRST DEFICIT DATE – Page 4

____________________________________ C. Tom Arkoosh
Richardson Adams, PLLC
515 N. 27th St. P.O. Box 7218 Boise, ID 83702 X___

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6070 Hill Road Boise, ID 83703
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