20230523Petition for Clarification.pdf

Kelsey Jae (ISB No. 7899)
Law for Conscious Leadership
920 N. Clover Dr.
Boise, ID 83703
Phone: (208) 391-2961
[e-mail]
Attorney for Clean Energy Opportunities for Idaho
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF IDAHO
POWER COMPANY’S
APPLICATION FOR APPROVAL OF
SPECIAL CONTRACT AND TARIFF
SCHEDULE 33 TO PROVIDE
ELECTRIC SERVICE TO BRISBIE,
LLC’S DATA CENTER FACILITY
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CASE NO. IPC-E-21-42
CLEAN ENERGY OPPORTUNITIES
FOR IDAHO
PETITION FOR CLARIFICATION
COMES NOW Clean Energy Opportunities for Idaho (“CEO”), pursuant to IDAPA
31.01.01.325, with the following petition for clarification of Order No. 35777.
In this docket, CEO was granted intervenor status based in part upon its direct and
substantial interest in how this docket related to other dockets within CEO’s scope:
CEO believes its active participation in this docket is essential to ensure that
it can effectively participate in other related dockets such as IPC-E-21-40.
CEO aims to contribute from a perspective informed by collaborative
problem-solving approaches and multiple stakeholder interests. 1
CEO entered into protective agreements and reviewed documents within this docket while also
participating in other matters related to clean energy and rate design before the Commission,
including IPC-E-21-43, IPC-E-22-12, IPC-E-22-22, PAC-E-22-15, all of which share related
subject matter.
Within Case No. IPC-E-21-42, Brisbie and/or the Company claimed a substantial portion
of material as “trade secrets”. CEO Directors Michael Heckler and Courtney White have entered
into a Protective Agreement dated December 27, 2021 and thereby agreed to be bound by the
terms and conditions of that Agreement.
1 See CEO Petition to Intervene , filed 2-3-2022 ( available at
https://puc.idaho.gov/Fileroom/PublicFiles/ELEC/IPC/IPCE2142/Intervenor/CEO/20220203Petition%20to%20Inter
vene.pdf ) and granted in Order No.35318.
CLEAN ENERGY OPPORTUNITIES FOR IDAHO - PETITION FOR CLARIFICATION - 1
IPC-E-21-42
RECEIVED
Tuesday, May 23, 2023 2:22:17 PM
IDAHO PUBLIC
UTILITIES COMMISSION
On May 18, 2023, CEO filed an additional Petition to Intervene in IPC-E-23-14. In
recent months, CEO has held meetings with Company personnel and PUC staff to discuss
matters related to the rate treatment of various costs, revenue designs and loads within the next
General Rate Case (“GRC”). CEO intends to Petition for intervenor status in the Company’s
upcoming GRC.
Transparency
In Order No. 35777, the Commission acknowledged the importance of transparency and
understanding for how this docket affects Idaho Power Company’s system and its other
customers:
We find the above Staff recommendations to be reasonable requirements for the
Company that will result in increased transparency and understanding of the ESA and
other CEYW-Construction projects’ impacts on the Company’s system and other
customers. We direct the Company to meet with Staff, prior to the next GRC or as soon
as possible thereafter, to discuss the treatment of Schedule 33 costs, revenues, and loads
in base rates. We further direct the Company to hold a workshop on REC-related
transactions and PCA impacts of “system-generated RECs.” 2
In the PUC new release issued on May 12, 2023, Adam Strong stated:
An evaluation of the energy services agreement was intended to address concerns about
Brisbie being Idaho Power’s largest customer with a significant impact to Idaho Power’s
system and cost structure, which had the potential to increase the risk to other utility
customers. In addition, how the rates Idaho Power will charge were determined may be
used as a model for this type of customer in the future, which could increase the risk to
other customers. 3
The Commission and parties in this docket understand that the energy services agreement
between the Company and Brisbie LLC will impact other dockets and the Company’s other
customers. CEO’s interest in intervening in this docket was not so much focused on the details of
the agreement between Brisbee and Idaho Power but on how Schedule 33 will affect other
applicants and the Company’s customers. CEO desired when it intervened and wishes now to
participate in all upcoming discussions related to the treatment of Schedule 33 costs, revenues
and loads in customer rates.
I. Request for Clarification
When the Commission directed the Company to meet with Staff, prior to the next GRC or
as soon as possible thereafter, to discuss the treatment of Schedule 33 costs, revenues, and loads
in base rates, did the Commission intend to allow CEO - the sole intervenor in this docket - to
participate in those meetings?
3 IPUC News Release (May 12, 2023), available at
https://puc.idaho.gov/Fileroom/PublicFiles/ELEC/IPC/IPCE2142/Staff/20230512News%20Release.pdf.
2 Order No. 35777 at 17.
CLEAN ENERGY OPPORTUNITIES FOR IDAHO - PETITION FOR CLARIFICATION - 2
IPC-E-21-42
CEO desires to participate in the meetings the Commission directed for discussion of the
treatment of Schedule 33 costs, revenues, and loads in base rates for the same reasons that CEO
intervened in the docket.
Dated this 23rd day of May, 2023.
Respectfully submitted,
___________________________________
Kelsey Jae, Attorney for CEO
CLEAN ENERGY OPPORTUNITIES FOR IDAHO - PETITION FOR CLARIFICATION - 3
IPC-E-21-42
CERTIFICATE OF SERVICE
I hereby certify that on this 23rd day of May, 2023. I delivered true and correct copies of
the foregoing PETITION FOR CLARIFICATION to the following persons via the method of
service noted:
Electronic Mail Delivery
Idaho Public Utilities Commission
Jan Noriyuki
Commission Secretary
[e-mail]
Idaho PUC Staff
Taylor Brooks
Deputy Attorney General
Idaho Public Utilities Commission
[e-mail]
Idaho Power Company
Donavan E. Walker
Tim Tatum
[e-mail]
[e-mail]
[e-mail]
_____________________________
Kelsey Jae
Attorney for CEO
CLEAN ENERGY OPPORTUNITIES FOR IDAHO - PETITION FOR CLARIFICATION - 4
IPC-E-21-42