20100902notice_of_complaint_notice_of_application.pdf

Office of the Secretary
Service Date
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
September 2, 2010
WINDLAND, INC.
COMPLAINANT,
ACIFICORP DBA ROCKY MOUNTAIN
POWER
DEFENDANT.
IN THE MATTER OF THE APPLICATION
OF PACIFICORP DBA ROCKY MOUNTAIN
POWER FOR APPROVAL OF POWER
PURCHASE AGREEMENTS BETWEEN
ACIFICORP AND POWER COUNTY WIND
NORTH LLC AND POWER COUNTY WIND
SOUTH LLC
) CASE NO. PAC-IO-
) NOTICE OF COMPLAINT
(and Contingent Motion to Dismiss)
) NOTICE OF APPLICATION
) NOTICE OF
) MODIFIED PROCEDURE
) NOTICE OF
) COMMENT/PROTEST DEADLINE
YOU ARE HEREBY NOTIFIED that on April 6, 2010, Windland, Inc. (Windland)
filed a complaint with the Idaho Public Utilities Commission (Commission) against PacifiCorp
dba Rocky Mountain Power. Windland claimed entitlement to and requested that PacifiCorp be
required to execute two standard PURPA Power Purchase Agreements for Windland's Power
County Wind Park North and Power County Wind Park South small power generation projects at
the published PURP avoided cost rates in effect prior to March 12, 2009, i., the higher
grandfathered rates of Order No. 30744.
On April 28, 2010, a Summons was issued by the Commission directing PacifiCorp
to file an answer within 21 days. On April 29, 2010, PacifiCorp filed an answer with the
Commission requesting a Commission determination that Windland's Power County wind
projects are not entitled to grandfathered rates.
POWER PURCHASE AGREEMENTS
(and Contingent Motion to Dismiss Complaint, Application' 3)
On August 20 2010, PacifiCorp filed an Application with the Commission requesting
approval of two Power Purchase Agreements (PP As; Agreements) entered into between
NOTICE OF COMPLAINT
(and Contingent Motion to Dismiss)
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF COMMENTIPROTEST DEADLINE
PacifiCorp dba Rocky Mountain Power and Power County Wind Park North LLC and Power
County Wind Park South LLC dated August 18 2010 (the LLCs). The locations of the two wind
facilities are described as follows:
North: T8S, R31E, Section 13 and T8S, R32E, Sections 6, 7, 8 , 17 , 18 , Power
County, Idaho
South: T8S , R32E, Sections 19, 20, 29 and 30, Power County, Idaho
Agreements, Exh. A.
The total nameplate capacity for each of the two small power wind generation
facilities (QFs) is 21.780 MW. Agreements, Recital A. Average monthly output for each
facility will be below 10 MW. Agreements, Exh. D. The estimated average annual net output of
each facility is 67 311 441 kWh (North) and 60 523 733 kWh (South). Agreements, Recital D.
The QFs have elected December 31 , 2011 as the scheduled commercial operation date for their
facilities.
Windland and the LLCs have waived their claims to grandfathered rights to the
avoided cost rates contained in Order No. 30744. Application, ~ 7. The Power Purchase
Agreements contain the current non-Ievelized published avoided cost rates established in Order
No. 31025. The $6.50/MWh wind integration charge approved by the Commission (Order No.
31021) and all other applicable interconnection charges and monthly O&M charges under the
generation interconnection agreement with PacifiCorp transmission will be assessed to the LLCs.
Agreements, Section 5.
Section 11.1 of the PP As provides for Delay Security of $25 multiplied by the
Maximum Facilities ' Delivery Rate measured in kilowatts. This results in delay security of
$544 500 under each PP A. Pursuant to Section 11.1.4 one-quarter of the Delay Security amount
is to be refunded to the QFs as each of four milestones are achieved. The approach to delay
security has been agreed to by the parties in compromise of Windland's pending complaint in
Case No. PAC-1O-05 and is not intended to establish any precedent.
As reflected in Section 2.1 of the Agreements, the Agreements will not become
effective until the Commission has approved all the Agreements ' terms and conditions and
declares that all payments that PacifiCorp makes to the wind projects for purchases of energy
will be allowed as prudently incurred expenses for ratemaking purposes.
NOTICE OF COMPLAINT
(and Contingent Motion to Dismiss)
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF COMMENTIPROTEST DEADLINE
YOU ARE FURTHER NOTIFIED that the Commission has reviewed the filings of
record in Case No. PAC-lO-05. The Commission has preliminarily found that the public
interest in this matter may not require a hearing to consider the issues presented and that issues
raised by the Company s filing may be processed under Modified Procedure e., by written
submission rather than by hearing. Reference Commission Rules of Procedure IDAP A
31.01.01.201-204.
YOU ARE FURTHER NOTIFIED that the deadline for filing written comments or
protests with respect to PacifiCorp s Application and the use of Modified Procedure in Case No.
PAC-1O-05 is Thursday, September 30, 2010.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are
received within the deadline, the Commission may consider the matter on its merits and may
enter its Order without a formal hearing. If comments or protests are filed within the deadline
the Commission will consider them and in its discretion may set the matter for hearing or may
decide the matter and issue its Order based on the written positions before it. Reference IDAP
31.01.01.204.
YOU ARE FURTHER NOTIFIED that written comments concerning Case No. PAC-
I0-05 should be mailed to the Commission and the Company at the addresses reflected below.
Commission Secretary Ted Weston
Idaho Public Utilities Commission Idaho Regulatory Affairs ManagerPO Box 83720 Daniel E. Solander, Senior Counsel
Boise, ID 83720-0074 Rocky Mountain Power
201 S. Main Street, Suite 2300
Salt Lake City, UT 84111
E-mail: danie1.solander~pacificorp.com
ted. weston~pacificorp.com
Street Address for Express Mail:
472 W. Washington Street
Boise, ID 83702-5918
Jeffrey S. Lovinger
Kenneth E. Kaufmann
Lovinger Kaufmann LLP
825 NE Multnomah, Suite 925
Portland, OR 97232
E-mail: lovinger~lklaw.com
kaufmann~lklaw.com
NOTICE OF COMPLAINT
(and Contingent Motion to Dismiss)
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF COMMENTIPROTEST DEADLINE
All comments should contain the case caption and case number shown on the first page of this
document. Persons desiring to submit comments via e-mail may do so by accessing the
Commission s home page located at www.puc.idaho.gov. Click the "Comments and Questions
icon and complete the comment form using the case number as it appears on the front of this
document. These comments must also be sent to PacifiCorp at the e-mail addresses listed above.
YOU ARE FURTHER NOTIFIED that the Complaint, Application and Agreements
in Case No. PAC-IO-05 may be viewed at www.puc.idaho.gov by clicking on "File Room
and "Electric Cases " or can be viewed during regular business hours at the Idaho Public Utilities
Commission, 472 W. Washington Street, Boise, Idaho and at the Idaho offices ofPacifiCorp dba
Rocky Mountain Power.
DATED at Boise, Idaho this J. day of September 2010.
D. KEMPTON, P IDENT
MARSHA H. SMITH, COMMISSIONER
~--'- ~
MACK A. REDFORD, COMMISSIONER
ATTEST:
~p.
D. Jewell
Commission Secretary
bls/O:PAC-IO-05 sw
NOTICE OF COMPLAINT
(and Contingent Motion to Dismiss)
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF COMMENTIPROTEST DEADLINE