20110518notice_of_hearing_order_no_32246.pdf

Office of the Secretary
Service Date
May 18,2011
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
XRG-DP-7,XRG-DP-8,XRG-DP-9,)
XRG-DP-lO,LLCs,)CASE NO.PAC-E-1O-08
)
Complainants,)
)
vs.)
)NOTICE OF HEARING
PACIFICORP DBA ROCKY MOUNTAIN )FOR ORAL ARGUMENT
POWER,)
)ORDER NO.32246
Respondent.)
_______________________________________________________________________________
)
XRG filed a complaint with the Commission against PacifiCorp dba Rocky Mountain
Power on July 29,2010,alleging that Rocky Mountain Power is in violation of the Public Utility
Regulatory Policies Act (PURPA),Federal Energy Regulatory Commission (FERC)regulations
and orders,and this Commission’s Orders by failing to provide XRG with a power purchase
agreement including pre-March 16,2010,published avoided cost rates.1 On August 23,2010,
Rocky Mountain Power filed its Answer.Rocky Mountain Power maintains that XRG is not
entitled to pre-March 16,2010,published avoided cost rates because the parties had not executed
any power purchase agreements (PPAs)at that point in time.Protracted discovery ensued.
THE MOTIONS
On February 7,2011,Rocky Mountain Power filed a Motion for a Protective Order to
Stay Discovery and a Motion for Summary Judgment with the Commission.Rocky Mountain
Power requests a protective order partially staying discovery pending the resolution of the
Company’s Motion for Summary Judgment.Rocky Mountain Power alleges that XRG’s
production requests are unduly burdensome and not relevant to resolving any of the issues raised
in the Company’s Motion for Summary Judgment.With its Motion for Summary Judgment,
Rocky Mountain Power asks the Commission to deny the relief XRG requests in its complaint as
XRG seeks published avoided cost rates contained in Order No.30744 —rates superseded on March 16,2010,by
the lower rates of Order No.31025.
NOTICE OF HEARING
FOR ORAL ARGUMENT
ORDER NO.32246 1
a matter of law because XRG has failed to raise a genuine issue of material Ict demonstrating
that XRG is entitled to pre-March 16,2010,published avoided cost rates.
On February 22,201 1,XRG tiled its Answer to Rocky Mountain Power’s Motions.
XRG opposes the Company’s Motions.XRG contends that the outstanding discovery requests
pertain to crucial issues in the case --i.e.,PacifiCorp’s bad faith investigation into available
transmission capacity.XRG further maintains there are genuine issues of material facts that are
in dispute.XRG argues that it would be patently unfair and not in the public interest to decide
this case by summary judgment.To the extent that the facts differ between the parties,XRG
suggests an evidentiary hearing.XRG also filed a Motion to Complete Discovery pursuant to
I.R.C.P.56(f),asking the Commission to compel Rocky Mountain Power to answer XRG’s
remaining discovery requests.
NOTICE OF HEARING FOR ORAL ARGUMENT
YOU ARE HEREBY NOTIFIED that the Commission will convene a hearing for
oral argument in this case on THURSDAY,JUNE 9,2011,AT 9:30 A.M.IN THE
COMMISSION HEARING ROOM,472 WEST WASHINGTON STREET,BOISE,
II)AHO.The Commission will hear oral argument on Rocky Mountain Power’s Motion for a
Protective Order to Stay Discovery and Motion for Summary Judgment.Specifically,the
Commission seeks argument on whether there is a genuine issue as to any material fact regarding
XRG’s complaint.See I.R.C.P.56(c).The Commission will also hear oral argument on XRG’s
Motion to Complete Discovery.
YOU ARE FURTHER NOTIFIED that all hearings will be conducted pursuant to the
Commission’s Rules of Procedure.IDAPA 3 1.01.01.000,et seq.
YOU ARE FURTIIER NOTIFIEI)that all hearings and oral arguments in this matter
will be held in facilities meeting the accessibility requirements of the Americans with
Disabilities Act (ADA).Persons needing the help of a sign language interpreter or other
assistance in order to participate in or to understand testimony and argument at a public hearing
may ask the Commission to provide a sign language interpreter or other assistance at the hearing.
The request for assistance must be received at least five (5)working day’s before the hearing by
contacting the Commission Secretary at:
NOTICE OF HEARING
FOR ORAL ARGUMENT
ORDER NO.32246
IDAHO PUBLIC UTILITIES COMMISSION
P0 BOX 83720
BOISE,IDAHO 83720-0074
[phone] (Telephone)
[phone] (FAX)
E-Mail:secretary(puc.idaho.gov
ORDER
IT IS HEREBY ORDERED that,in response to Rocky Mountain Power’s Motion for
a Protective Order to Stay Discovery and Motion for Summary Judgment and XRG’s Motion to
Complete Discovery,an oral argument take place on June 9,201 1,at 9:30 a.m.in the
Commission Hearing Room.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of May 2011.
MACK A RFDFORD,COMMISSIONER
MARSHA .SMITH,C MMISSIONER
ATTEST:
-
Jean DtJewell 11
Commission Secretary
0:PAC-E-I O-O8ksOraI Argument
NOTICE OF HEARFNG
FOR ORAL ARGUMENT
ORDER NO.32246 -3