19900606Intervention Petition.pdf

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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
RECEIVED IX
n
JUN 6 PPl ~ 10
OF THE STATE OF IDAHO FILED
IN THE MATTER OF THE APPLICATION )
OF IDAHO POWER COMPANY FOR A )
CERTIFICATE OF PUBLIC CONVENIENCE )
AND NECESSITY FOR THE RATE BASING )OF THE MILNER HYDROELECTRIC )
PROJECT OR, IN THE ALTERNATIVE, )
A DETERMINATION OF EXEMPT STATUS )
FOR THE MILNER HYDROELECTRIC )PROJECT. )
)
CASE NO.
flO lie'i 'T¡~;Li i:S GOMMISSìONIPC-E-90-8 /2 ~
PETITION TO INTERVENE BY
AFTON ENERGY, INC.
COMES NOW, Afton Energy Inc., herein called "this Intervenor"
and pursuant to this Commission's Rule 5, by this Petition requests
leave to intervene herein and to appear and participate as a party
herein, and as grounds therefor states as follows:
1. The name and address of this Intervenor is:
Afton Energy, Inc.
% Owen H. Orndorff
Orndorff & Peterson
1087 West River Street
Suite 230
Boise, Idaho 83702
This Intervenor will be represented by:
Owen H. Orndorff
Orndorff & Peterson
1087 West River Street
Suite 230
Boise, Idaho 83702
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Copies of all pleadings, testimony , exhibits, production
requests, Commission Orders and other documents should be provided
to the parties identified above.
2. Afton Energy, Inc. ("Afton") has built a Qualified
Facility under the Pulic utility Regulatory Policies Act of 1978
("PURPA") in Afton, Wyoming. Although the facility experienced
temporary operating problems in the early contract years, it has
now been rebuilt and is presently delivering approximately 50% more
Dispatchable Capaci ty to Idaho Power than required under its
contract. Afton's contract specifically allows Afton to make
addi tional sales to Idaho Power and existing avoided costs from
time to time. The filing by the Company for setting its proposed
rate based costs may specifically impact the equivalent value of
new resources such as the Afton rebuilt plant. To the extent Idaho
Power's filing for rate based costs for Milner Dam are greater than
its PURPA avoid cost rates, such discrimination against Qualified
Facilities is prohibited under federal law. without an opportunity
to intervene in this case, Afton and similarly situated Qualified
Facilities are without any means to challenge Idaho Power's claims
that new resources such as Milner Dam are "non deferrable. II
3. Intervenor believes that any rate based cost above
existing avoided costs should be disallowed as a expense properly
changed to shareholders. In the al ternati ve, Afton should be
allowed to provide Idaho Power capacity and energy at whatever rate
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is set for Milner Dam for which ratepayers will be charged based
on lawful avoided costs and arms length negotiations.
4. This Intervenor intends to participate herein as a party,
and if necessary to introduce evidence, cross-examine witnesses,
call and examine witnesses, and be heard in argument. The nature
and quality of evidence which this Intervenor will introduce is
dependent upon the nature and effect of other evidence in this
proceeding.
5. wi thout the opportuni ty to intervene herein, this
Intervenor will be wi thout any means of participation in the
determination of the public interest with respect to the avoided
cost rates and the rated Idaho Power proposes charging ratepayers
for an unnecessary new generating resource. Unless allowed to
Intervene, this Intervenor would be unable to participate in
proceedings which may have a material impact on future electric
production.
WHEREFORE, Afton Energy, Inc. requests that this Commission
grant this Petition to Intervene in these proceedings and to appear
and participate in all matters as may be necessary and appropriate;
and to present evidence, call and examine wi tnesses, present
argument and to otherwise fully participate in these proceedings.
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Dated at Boise, Idaho this 6th day of June, 1990.
By:
EN H. ORNDORFF
Attorney for Afton
CERTIFICATE OF MAILING
I hereby certify that I have served a true and correct copy
of the foregoing document upon the following parties in thisproceeding by:
Larry Ripley
Evans, Keane, Koontz, Boyd,
Simko & Ripley
c/o Idaho Power Company
1220 West Idaho Street
P.O. Box 70
Boise, ID 83707
steven L. Herndon
Idaho Power Company
1220 West Idaho Street
P.O. Box 70
Boise, Idaho 83707
DATED this 6th day of June,
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