20220329Comments.pdf

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C. Tom Arkoosh, ISB No.2253
ARKOOSH LAW OFFICES
913 W. River Street, Suite 450
P.O. Box 2900
Boise, ID 83701
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Admin copy: erin.ceci [e-mail]
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Attorneys for IdaHydro
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
TN THE MATTER OF IDAHO POWER
COMPANY'S APPLICATION FOR
APPROVAL OF THE CAPACITY
DEFICIENCY TO BEUTILTZED FOR
AVOIDED COST CALCULATIONS
Case No. IPC-E-21-09
IDAHYDRO'S COMMENTS
COMES NOW the Idaho Hydroelectric Power Producers Trust, an Idaho Trust, d/b/a
IdaHydro ("ldaHydro"), by and through its counsel of record, C. Tom Arkoosh of Arkoosh Law
Offices, and hereby submits the following comments pursuant to Order No. 35346
Idaho Power Company ("ldaho Power") made its first Application in this matter on April
9, 2021, following the acceptance of its Second Amended 2019 Integroted Resource Plan,
arguing for a capacity deficiency date of 2028 for payment of avoided cost to PURPA projects
This filing came to the Commission as a consequence of Order 32697, page 23, providing
direction for determination of the capacity deficiency date for PURPA projects:
In an effort to address the concerns of QF developers who maintain that a utility
could manipulate variables within the IRP planning process in a way that would
negatively impact the pricing of capacity paid to a QF, we find it reasonable and
fair to subject each utility's determination of capacity deficiency to further
scrutiny. Therefore, when a utility submits its Integrated Resource Plan to the
Commission, a case shall be initiated to determine the capacity deficiency to be
utilized in the SAR Methodology. The capacity deficiency determined through the
IRP planning process will be the starting point, and will be presumed to be correct
subject to the outcome of the proceeding.
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IDAHYDRO'S COMMENTS - Page I
Order No. 32697,p.23.
A year has passed since the filing of the Application without determination of a capacity
deficiency date. Intervening in that year are Idaho Power's acknowledgement that it is, in fact,
capacity deficient by July 2023, or before, and the completion of the 2021 lntegrated Resource
Plan. Idaho Power's ongoing resource acquisitions could well be supplied by PURPA projects if
Idaho Power had immediately notified the Commission upon learning it required further
resources by 2023.
Regarding Idaho Power's dysfunction in this matter, although ldaho Power now posits in
IPC-E -21-41 that the necessity of immediately obtaining more capacity presses so acutely that it
should be excused from the Commission's mandated competitive procurement requirements, it
was not until the current Amended Application, filed February 4, 2022, that Idaho Power
acknowledged it was capacity deficient for PURPA purposes following incongruous denials up
to that point.
The Commission is respectfully requested not to countenance this delay by making two
determinations. First, the Commission is requested to timely and straight away determine the
capacity deficiency date for PURPA purposes. Secondly, the Commission is requested to
displace any capacity deficiency experienced by Idaho Power with PURPA-project-provided
capacity in lieu of utility-provided capacity until new capacity provided by ldaho Power is
sanctioned by the required procurement processes previously ordered by the Commission.
IdaHydro makes this first request based upon the Amended Application, which provides:
However, regardless of the Commission's position and determination as to the
timing of future filings, Idaho Power believes good cause exists in this particular
instance to grant Idaho Power's Motion for leave to amended its Application, and
respectfully requests that the first capacity deficit of July 2023 be utilized for both
SAR and IRP PURPA avoided cost methodologies.
IDAHYDRO'S COMMENTS - Page 2
IdaHydro makes the second request based upon the language of Order No. 32697, which
forbids the "manipulation of variables," as has occurred here, to delay the availability of capacity
payments as a component of avoided cost payments to PURPA projects. The entire purpose of
filing a capacity deficiency docket separate from the Integrated Resource Plan was to prevent the
very type of procrastination and delay infusing the current process. Bestowing ldaho Power the
benefit of occupying the capacity queue with investor-owned assets as a consequence of its delay
in acknowledging capacity deficiency for PURPA purposes violates not only the intent but the
letter of Order No. i2697. Idaho's Energy Plan supports the requests in these comments by
preferring conservation and renewable energy. Further, HCR9 from the 2019 legislature labeled
hydropower as the "state's greatest renewable resource."
DATED this 28ft day of March2022.
ARKOOSH LAW OFFICES
C. Tom Arkoosh
Attorney for ldaHydro
IDAI{YDRO'S COMMENTS - Page 3
CERTIFICATE OF MAILING
I HEREBY CERTIFY that on the 28th day of March 2022, I served a true and correct
copy of the foregoing document(s) upon the following person(s), in the manner indicated:
Donovan E. Walker
Regulatory Dockets
Idaho Power Company
1221 West Idaho Street (83702)
P.O. Box 70
Boise, ID 83707
Camille Christen
Energy Contracts
Idaho Power Company
l22l West Idaho Street (83702)
P.O. Box 70
Boise, ID 83707
Peter J. Richardson
Richardson Adams, PLLC
515 N. 27th St.
P.O. Box 7218
Boise, lD 83702
Commission Secretary
Idaho Public Utilities Commission
I l33l W. Chinden Blvd., Building 8,
Suite 201-A
P.O. Box 83720
Boise,lD 83720-0074
Dayn Hardie
Idaho Public Utilities Commission
I l33l W. Chinden Blvd., Building 8,
Suite 201-A
P.O. Box 83720
Boise, ID 83720-0074
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secretary@puc. idaho.sov
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dayn.hardie@puc. idaho.gov
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dockets@ idahopower.com
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IDAHYDRO'S COMMENTS - Page 4
Dr, DonRending
6070 Hill Road
Bois€,ID 83703
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C. Totn Arkoostl
IDAEYDROIS COMIIilENTS - Page 5