20220822Petition to Intervene.pdf

JAYME B. SULLTVAN
BOISE CIry ATTORNEY
Ed Jewell ISB No. 10446
Deputy City Attorney
BOISE CTTY ATTORNEY'S OFFICE
150 N. Capitol Blvd.
P.O. Box 500
Boise,ID 83701-0500
Telephone: [phone]
Facsimile: [phone]
Email: BoiseCityAttorney(@cityofboise.org
ei ew el I @ cit-vofboise. orq
Attorney for lntervenor
BEFORE TITE
IDAHO PUBLIC UTILITIES COMMISSION
Case No. IPC-E-22-06IN THE MATTER OF IDAHO POWER
COMPANY'S APPLICATTON FOR APPROVAL
OF A REPLACEMENT SPECIAL CONTRACT
WITH MICRON TECHNOLOGY, INC. AND A
POWER PURCHASE AGREEMENT WITH
BLACK MESA ENERGY, LLC
CITY OF BOISE CITY'S
PETITION TO INTERVENE
COMES NOW, the city of Boise City, herein referred to as "Boise City," and pursuant to
Rules 71 through 73 of the Rules of Procedure of the Idatro Public Utility Commission (IDAPA
31.01.01.71-31.01.0.73),theApplicationfiledonMarch l0,2022,andtheNoticeofApplication
and Modified Procedure, OrderNo .35367,hereby requests to intervene in this matter and to appear
and participate as aparty. As grounds, Boise City states as follows:
l. The name and address of this lntervenor is:
City of Boise City
150 N. Capitol Blvd.
P.O. Box 500
Boise,ID 83701-0500
i i". J,j;ir :';)
CITY OF BOISE CITY'S PETITION TO TNTERVENE - I
2. Copies of all pleadings, production requests, production responses, Commission orders
and other documents should be sent to the following:
Ed Jewell
Deputy City Attorney
BOISE CITY ATTORNEY'S OFFICE
150 N. Capitol Blvd.
P.O. Box 500
Boise, tdaho 83701-0500
Telephone: [phone]
Facsimile: (208) 38404454
Email: BoiseCityAttorne),(@citvofboise.ors
[e-mail]
Pursuant to Order No. 35375, Commission Rules 61 and 62 are suspended and all service in this
docket, except for voluminous discovery-related documents, is to be completed electronically. If
the Commission decides to return to hard copy service during this docket, Boise City requests hard
copies of pleading, testimony, and briefs only. All other production requests, response, notices,
Commission orders and other filings may be served on Boise City via electronic mail in accordance
with Rule 63 of the Rules of Procedure of the Idaho Public Utility Commission (IDAPA
31.01.01.063).
3. Boise City is a Municipal Corporation organized under the laws of the state of
Idaho.
4. Boise City has a direct and substantial interest in this matter as representing the
public interest of Idaho Power Company ("Idaho Power") customers that make up its constituency.
Boise City is also a large Idaho Power customer with Schedule7,9, and 19 electric service
accounts. Boise City also maintains multiple solar panel installations and net metering facilities,
such as those located at the Twenty Mile South Farm Administration and Maintenance Building.
As an Idaho Power customer with expressed clean energy preferences, this proceeding directly
Wil Gehl
Energy Program Manager
BOISE CITY DEPT. OF PUBLIC WORKS
150 N. Capitol Blvd.
P.O. Box 500
Boise, Idaho 83701 -0500
Telephone: [phone] I
Email: weehl(r, citvofboise. ore
CITY OF BOISE CITY'S PETITION TO TNTERVENE - 2
impacts Boise City's ability to meet its community clean energy goals with accessible, innovative,
and cost-effective clean energy programs. Without the opportunity to intervene herein, Boise City
would not have the direct means of ensuring the outcome of this proceeding positively impacts the
environmental, health, and economic concerns of Boise City and its citizens. Granting Boise City's
petition to intervene will not unduly broaden the issues, nor will it prejudice any party to this case.
5. This petition to intervene is not timely pursuant to IDAPA 31.01.01.073 because
Boise City was not aware that decisions regarding the Clean Energy Your Way program, and
specifically the Clean Energy Your Way - Construction Option would be made in this docket.
IPC-E-21-40 is open, noticed, and has a submitted record for Clean Energy Your Way program
decisions, but OrderNo.35482 explicitly and implicitly decides programmatic Clean Energy Your
Way issues in this docket that will be applied to future Clean Energy Your Way - Construction
Option contracts despite the application, notice, and record in this docket being specifically in
relation to the energy service agreement between Micron and Idaho Power and the power purchase
agreement between Idaho Power and Black Mesa. Failure to grant Boise City's petition to
intervene would deprive Boise City of due process rights to be timely heard on a matter that
directly impacts Boise City's interests. Without intervention, Boise City would not have access to
the discovery conducted in this case and would be unable to appeal an adverse decision on
reconsideration, if necessary.
6. Boise City's intervention in this docket would not unduly broaden the issues
beyond the issues addressed in and created by Commission Order No. 35482.
7. Boise City intends to fully participate in this matter as a party and appear in all
matters as is appropriate. The nature and quality of Boise City's intervention in this proceeding is
dependent upon the nature and effect of other evidence in this proceeding. If necessary, Boise City
CITY OF BOISE CITY'S PETITION TO TNTERVENE - 3
may presmt evidence; call and slamine witnesses; and prese,lrt argumeirt.
UIIEREFORE, the crty of Bois€ City, respectfrrlly requmts that this Commission
grant this Petition to Interve,ne and issue a timely order as set forth itr IDAPA 31.01.01.075.
DATED this 22nd day of August 2A22.
Ed J&r}lI,
Depury City Attorney
CITY OF BOISE CITY'S PETMION TO INTERVENE - 4
CERTIFICATE OF SERVICE
I hereby certiff that I have on thts 22nd, day of August 2022, served the foregoing
documents on all parties of record as follows:
Jan Noriyuki
Commission Secretary
Idaho Public Utilities Commission
I l33l w. Chinden Blvd., Ste. 201-A
Boise,ID 83714
i [e-mail]. eov
RileyNewton
Deputy Attorney General
Idaho Public Utilities Commission
11331 W. Chinden Blvd., Ste. 201-A
Boise,ID 83714
riley.newton@puc. idaho. eov
Donovan E. Walker
Idaho Power Company
PO Box 70
Boise, ID 83707
[e-mail]
[e-mail]
Tim Tatum
Connie Aschenbrenner
Idaho Power Company
PO Box 70
Boise, ID 83707
ttatum CrD i dahop ower. c om
caschenbrenner@idahopower. com
Peter J. Richardson
Industrial Customers of Idaho Power
Richardson Adams, PLLC
515 N. 27th St.
Boise,ID 83702
[e-mail]
Dr. Don Reading
Industrial Customers of Idaho Power
6070 Hill Road
Boise,ID 83703
dreadin e@mindsprin e.com
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Michelle Steel,
Paralegal
CITY OF BOISE CITY'S PETITION TO INTERVENE - 5