20211210Motion to Dismiss Requests for Relief 1 and 2.pdf

IDAHYDRO’S MOTION TO DISMISS REQUESTS FOR RELIEF 2 AND 3– Page 1
C. Tom Arkoosh, ISB No. 2253Amber Dresslar, ISB No. 10536ARKOOSH LAW OFFICES913 W. River Street, Suite 450P.O. Box 2900Boise, ID 83701Telephone: [phone]Facsimile: [phone]Email: [e-mail]: [e-mail] copy: [e-mail]
Attorneys for IdaHydro
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF IDAHO POWER COMPANY’S APPLICATION FOR AUTHORITY TO PROCEED WITH RESOURCE PROCUREMENTS TO MEET IDENTIFIED CAPACITY DEFICIENCIES IN 2023, 2024, AND 2025 TO ENSURE ADEQUATE, RELIABLE, AND FAIR-PRICED SERVICE TO ITS CUSTOMERS.
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Case No. IPC-E-21-41
IDAHYDRO’S MOTION TO DISMISS REQUESTS FOR RELIEF 2 AND 3
COMES NOW the Idaho Hydroelectric Power Producers Trust, an Idaho Trust, d/b/a
IdaHydro (“IdaHydro”), by and through its counsel of record, C. Tom Arkoosh and Amber
Dresslar of Arkoosh Law Offices, and hereby moves the Commission for its Order dismissing
Requests for Relief 2 and 3.
Requests for Relief 2 and 3 seek Commission orders:
(2) authorizing Idaho Power to move forward expeditiously with resource
procurements to meet identified generation resource needs in 2023, 2024, and
2025; and (3) affirming support and the continuation of the state of Idaho’ssystem of public utility regulation under which the interests of customers are bestserved by a vertically integrated electric utility maintaining ownership of thenecessary generation, transmission and distribution utility functions, with limited
exceptions.
Order No. 32697 requires Request for Relief 2 to be heard in a separate docket, now
pending as IPC-E-21-09, to determine Idaho Power’s energy deficiency date. Order No. 32697
RECEIVED
2021 DEC 10 PM 3:04
IDAHO PUBLIC
UTILITIES COMMISSION
IDAHYDRO’S MOTION TO DISMISS REQUESTS FOR RELIEF 2 AND 3– Page 2
explicitly sets forth the rationale for creating a separate capacity deficiency date for Surrogate
Avoided Resource (“SAR”) purposes being to avoid manipulation of the capacity deficiency date
by utilities:
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.
Order No. 32697, p. 23.
On its face, Request for Relief 2, seeking a capacity deficiency date in summer of 2023,
in combination with Request for Relief 3, which seeks to manipulate to fill the capacity
deficiency with utility-only resources, precisely realizes the concerns Docket IPC-E-21-09 exists
to overcome. Therefore, Request for Relief 2 should be dismissed from this Docket to fulfill the
requirements of Order No. 32697 and to fulfill the promise of protection from manipulation of
the capacity deficiency date made in Order No. 32697.
Request for Relief 3 seeks a Commission finding that the Commission need not conform
to and implement the Public Utilities Policy Act (“PURPA”) in observing its requirements that
utilities pay Qualifying Facilities (“QF’s”) avoided costs consisting of both energy and capacity
components. While perhaps the Applicant may find inspiration in current events to disturb
concretely settled law, this is the wrong shop to craft a new paradigm. PURPA clearly sets out
the duty of the Commission to enforce the “must buy” obligation to buy QF electricity and to
include capacity payments for that electricity in the avoided costs in accordance with the SAR
methodology chosen by the Commission.
IDAHYDRO’S MOTION TO DISMISS REQUESTS FOR RELIEF 2 AND 3– Page 3
Oral argument on this motion is requested.
DATED this 10th day of December 2021.

ARKOOSH LAW OFFICES _______________________________
C. Tom Arkoosh
Attorney for IdaHydro
IDAHYDRO’S MOTION TO DISMISS REQUESTS FOR RELIEF 2 AND 3– Page 4
CERTIFICATE OF MAILING
I HEREBY CERTIFY that on the 10th day of December 2021, I served a true and correct
copy of the foregoing document(s) upon the following person(s), in the manner indicated:

____________________________________ C. Tom Arkoosh
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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Delivered
-mail:
[e-mail]
Idaho Power:
Donovan E. Walker
Regulatory Dockets Idaho Power Company 1221 West Idaho Street (83702) P.O. Box 70
Boise, ID 83707
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X___
S. Mail, Postage Prepaid
er ered -mail:
@idahopower.com
om
Vice President, Regulatory Affairs
Idaho Power Company
1221 West Idaho Street (83702) P.O. Box 70 Boise, ID 83707
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X___

and Delivered
ia Facsimile -mail: