19900313Motion to Deny Afton Petition.pdf

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LARRY D. RIPLEY
EVANS, KEANE, KOONTZ, BOYD, SIMKO & RIPLEY
c/o Idaho Power Company
1220 W. Idaho Street
P. O. Box 70
Boi se, Idaho 83707
[phone]
STEVEN L. HERNDON
IDAHO POWER COMPANY
1220 W. Idaho Street
P. O. Box 70
Boi se, ID 83707
[phone]
RECEIVED (!
F!LEO 0
90 MßR 13 Afl.9 9.7
ì DAHO PUBLIC
UTIliTIES COMMISSION/2~
Attorneys for Idaho Power Company
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
IDAHO POWER COMPANY AUTHORITY TO
RATE BASE THE INVESTMENT REQUIRED FOR
THE REBUILD OF THE SWAN FALLS
HYDROELECTRIC FACILITY
)
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CASE NO. IPC-E-90-2
MOTION OF IDAHO POWER
COMPANY TO DENY PETITION
TO INTERVENE FILED BY
AFTON ENERGY, INC.
COMES NOW Idaho Power Company (Idaho Power) and pursuant to
RP&P 24.7 (b), herewith fil es its Mot ion in oppos i t i on to the Pet it i on for
Intervention filed by Afton Energy, Inc. (Afton), upon the following grounds:
i.
That Afton is not a customer of Idaho Power.
I i.
That Afton does have a contract wi th Idaho Power, but the terms and
conditions of that contract are not an issue in this proceeding. Expanding these
proceedings to include an interpretation of the rights and obligations of the
parties under the Afton contract, whether Afton has the right to sell additional
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power to Idaho Power, whether Afton has any "new" capacity to sell to Idaho
Power, and the impact of the rate basing of Swan Falls on the Afton facility are
all issues which are irrelevant and immaterial to Idaho Power's application in
this proceeding and will unduly broaden the issues in this application.
III.
Afton, which is not a customer of Idaho Power, has no standing to
request the disallowance of any expenses as legitimate rate making items.
IV.
That there is presently pendi ng before the Idaho Publ ic Uti 1 ities
Commission, Case No. IPC-E-89-11, which proceeding is for the setting of avoided
cost rates and the establ i shment of such rates for Idaho Power.
V.
In addressing Afton's allegations set forth in paragraphs 2 and 3
to the extent that such all egat ions purport to set forth factual contentions,
Idaho Power denies those allegations except for the fact that Afton has entered
into a contract wi th Idaho Power and that contract is now the subject of
litigation in the District Court of the Fourth Judicial District of the State
of Idaho, in and for the County of Ada. Any rights that Afton has to sell
additional power to Idaho Power are set forth in its contract.
VI.
The Petition to Intervene filed by Afton does not show any direct
and substantial interest in the proceedi ng and wi 11 unduly broaden the issues.
Granting the Petition to Intervene filed by Afton is not in the public interest.
2
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WHEREFORE
.
Idaho Power respectfully moves that the Petition for Intervention
filed by Afton should be denied. For whatever reason, Afton has chosen not to
be a participant in Case No. IPC-E-89-11.
DATED this 13th day of March, 1990.
CERTIFICATE OF MAILING
~WIs~lL-
I HEREBY CERTI FY that on th is 13th day of March, 1990, I served a
true and correct copy of the within and foregoing MOTION OF IDAHO POWER COMPANY
TO DENY PETITION TO INTERVENE FILED BY AFTON ENERGY, INC., postage prepaid and
addressed as fo 11 ows:
Afton Energy, Inc.
c/o Owen H. Orndorff
Orndorff & Peterson
1087 West Ri ver Street
Suite 230
Boise, ID 83702
Owen H. Orndorff
Orndorff & Peterson
1087 West River Street
Suite 230
Boi se, ID 83702
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