20231012Comments.pdf

Matthew A.Nykiel (ISB No.10270)
710 N 6th Street
Boise,ID 83701
[phone]
[e-mail]
Attorney for the Idaho Conservation League
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER IDAHO POWER
COMPANY’S APPLICATION FOR
AUTHORITY TO IMPLEMENT
CHANGES TO THE COMPENSATION
STRUCTURE APPLICABLE TO
CUSTOMER ON-SITE GENERATION
UNDER SCHEDULES 6,8,AND 84 AND
TO ESTABLISH AN EXPORT CREDIT
METHODOLOGY
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CASE NO.IPC-E-23-14
INITIAL COMMENTS
IDAHO CONSERVATION LEAGUE
Comments
COMES NOW the Idaho Conservation League (“ICL”),and through counsel,submits
these initial comments to the Idaho Public Utilities Commission (“Commission”)regarding Idaho
Power Company’s (“IPC”or “Company”)application in the above captioned matter.ICL
recognizes the imperative to decarbonize the whole energy system as rapidly as feasible,and
supports distributed solar and other energy resources (“DER”)as key components of a
renewable-centric grid.To this end,ICL participated in each phase of Idaho Power’s efforts to
alter customer generation offerings and the forgoing dockets before the Commission.We
welcome resolution on the matter,and urge the Commission and Company to consider these
comments and those of other intervening parties and the public in designing an equitable and
durable distributed energy program.
IDAHO PUBLIC UTILITIES COMMISSION,Case No.IPC-E-23-14 Page 1
Idaho Conservation League –Initial Comments
RECEIVED
2023 OCTOBER 12, 2023 4:30PM
IDAHO PUBLIC
UTILITIES COMMISSION
We initially recommend that the Commission:
1.Adjust the Company’s Export Credit Rate (“ECR”)methodology to include marginal line
loss calculations and avoided cost figures based on battery storage as the alternative
dispatchable resource.
2.Afford customer generators necessary stability by authorizing an update period longer
than the Company’s proposed one year.
3.Provide for a transitional rate for net metering customers.
4.Afford the full financial value of unused Export Credits to customers rolling over into the
next annual billing period.
5.Approve the Company's request to lift and alter the project eligibility cap for residential,
commercial,and irrigation customer self generators.
In addition to these recommendations we raise concerns of considering this docket
concurrently with Idaho Power’s general rate case,IPC-E-23-11.As detailed in the Company’s
Application1 and the direct testimony of Connie Aschenenbrenner2 matterns affecting net
metering schedules are divided between this docket and the general rate case.Broadly,this docket
considers export matters,while the rate case addresses consumption rates and cost allocation.And
while this regulatory division is formally correct,concurrently filing these dockets has confused
customers and complicated analysis in each matter.The effect of running the two dockets together
is like a multivariate equation:movement one inherently informs a response in the other.The core
public policy concerns and motivation to bring this docket are the affordability of distributed
2 Aschenbrenner,DI at 20.
1 Application at 2.
IDAHO PUBLIC UTILITIES COMMISSION,Case No.IPC-E-23-14 Page 2
Idaho Conservation League –Initial Comments
generation and cost shifting between customer classes.Both directly depend on the financial and
policy outcomes of the rate case.
At the time of these comments,the Company,Staff,and Intervenor Parties to the general
rate case have reached a settlement in principle.3 The proposed settlement has not been fully
drafted,delivered to or approved by the Commission,and remains confidential.4 While the
matters in this docket are formally distinct from those in the rate case and an unapproved
settlement remains unenforceable,the practical effect of considering this docket now is that some
parties have access to confidential information affecting Schedules 6,8,and 84 while others and
the public do not.
We stop short of recommending an altered schedule in this docket,though it may become
necessary as fairness dictates as each docket resolves.Instead,we urge Parties and the
Commission to be mindful of the informational and procedural imbalances arising out of
concurrent consideration of this docket and the rate case.While parties may have the technical
and informational capacity to jointly assess these dockets,such analysis and bill estimation is a
tall order for customers and interested businesses.We welcome the Commission’s decision to
extend the public comment period to November 8;this does much to help customers'inclusion.5
Still,while we are hopeful settlement in the rate case will resolve smoothly,that process may fall
through and will,as scheduled,not be resolved by the Commission before then.6 Until then,
analysis in this case and prospective bill impacts are moving targets.
6 IPC-E-23-11,Notice of Schedule,Order No.35873.Technical hearings in the rate case are scheduled beginning
November 29,continuing as needed.
5 IPC-E-23-11,Notice of Public Comment Deadline,Order No.35955.
4 Commission Rule 272.ICL and intervenors in this docket Micron,Inc.,Clean Energy Opportunities for Idaho,IIPA,
City of Boise,and Idahydro are also parties to the rate case,IPC-E-23-11.The remaining intervenor Vote Solar is not
a party.
3 IPC-E-23-11,Order Vacating Testimony Deadlines,Order No.35954;ICL is an intervening party in the Company’s
rate case,Order No.35850.
IDAHO PUBLIC UTILITIES COMMISSION,Case No.IPC-E-23-14 Page 3
Idaho Conservation League –Initial Comments
Indeed,reaching resolution on the Company’s customer generation offerings has been
lengthy.The preceding scoping7 and study8 dockets afforded the topic due thoroughness and
detail,but not without a year’s each of time invested.We are sensitive to existing and prospective
distributed energy customers with interest in speedy resolution and certainty around Schedules 6,
8,and 84.Many hope to resolve these matters expeditiously to better assess the viability of
pending projects and secure financial incentives.Appropriate process and resolution remains,as
always,in balance.
ICL respectfully submits these recommendations and comments to Staff,Parties,
and the Commission.We appreciate all efforts and contributions to reach this point and welcome
continued dialogue in this process.
DATED this 12th Day of October,2023.
Respectfully submitted,
/s/Matthew A.Nykiel
Matthew A.Nykiel (ISB No.10270)
Attorney for Idaho Conservation League
8 IPC-E-22-22.
7 IPC-E-21-21.
IDAHO PUBLIC UTILITIES COMMISSION,Case No.IPC-E-23-14 Page 4
Idaho Conservation League –Initial Comments
CERTIFICATE OF SERVICE
I hereby certify that on this 12th Day of October,2023,I delivered true and correct copies
of the foregoing COMMENTS to the following persons via the method of service noted:
/s/Matthew A.Nykiel
Matthew A.Nykiel (ISB No.10270)
Attorney for Idaho Conservation League
Electronic Mail Only (See Order No.35058):
Idaho Public Utilities Commission
Jan Noriyuki
Commission Secretary
[e-mail]
[e-mail]
Commission Staff
Chris Burdin
Deputy Attorney General
Idaho Public Utilities Commission
[e-mail]
Idaho Power Company
Lisa Nordstrom
Megan Goicoechea Allen
Donovan Walker
[e-mail]
[e-mail]
[e-mail]
Tim Tatum
Connie Aschenbrener
Grant Anderson
[e-mail]
[e-mail]
[e-mail]
Clean Energy Opportunities for Idaho
Kelsey Jae
Law for Conscious Leadership
920.N.Clover Dr.
Boise ID,83703
[e-mail]
Mike Heckler
Courtney White
[e-mail]
[e-mail]
IIPA
Eric Olsen
Echo Hawk &Olsen,PLLC
P.O.Box 6119
Pocatello,ID 83205
Lance D.Kaufman,Ph.D
2623 Blue Bell Pl.
Corvallis OR,97330
[e-mail]
IDAHO PUBLIC UTILITIES COMMISSION,Case No.IPC-E-23-14 Page 5
Idaho Conservation League –Initial Comments
Micron Technology,Inc.
Jim Swier
Micron Technology,Inc.
8000 S.Federal Way
Boise ID,83707
Austin Rueschhoff
Thorvald Nelson
Austin W.Jensen
Holland &Hart,LLP
[e-mail]
[e-mail]
[e-mail]
[e-mail]
clmoser@hollandhart
IdaHydro
Tom Arkoosh
Arkoosh Law Office
913 W.River St.,Suite 450
P.O.Box 2900
[e-mail]
[e-mail]
City of Boise
Daryl Early
Deputy City Attorneys
Boise City Attorney’s Office
150 N.Capitol Blvd.,PO Box 500
Boise,ID 83701-0500
[e-mail]
[e-mail]
Wil Gehl
Boise City Dept.of Public Works
[e-mail]
Vote Solar
Abigail R.Germaine
Elam &Burke PA
251 E.Front St.,Suite 300
PO Box 1539
Boise,ID 83701
[e-mail]
Kate Bowman
Vote Solar
299 S.Main St.,Suite 1300
PMB 93601
Salt Lake City,UT 84111
[e-mail]
IDAHO PUBLIC UTILITIES COMMISSION,Case No.IPC-E-23-14 Page 2
Idaho Conservation League –Initial Comments