20111215Motion for Approval of Stipulation.pdf

STOEL~~,s RECEr r~~101 S. Capitol Boulevrd. Suite 1900
Boise. Idaho 83702
main 208.389.9000
fax [phone]
ww.stoel.com
2011 DEC 15 AM 11= 41
ATTORNEYS AT LAW
December 15,2011
RICHA R. HAL
Direct [phone]
rrhaliqystoel.com
BY HAND DELIVERY
Jean Jewell
Idaho Public Utilties Commission
472 W Washington
Boise,ID 83702
Re: Case No. PAC-E-ll f'AC-- E -1\ -0 \ 1-Yt t\-~
Amended Notice of Appeal
Dear Jean:
Enclosed for filing please find Rocky Mountain Power, the Commission's Staff and Cedar Creek
Wind LLC's Motion for Approval of Settlement Stipulation and for Authority to Withdraw
Applications (1 original plus 7 copies) and, per or telephone conversation earlier today,
Stipulation For Settlement and Requests for Approval of Power Purchase Agreement (1 original
wi exhibits, 1 copy wi exhibits and 6 copies wlo exhibits).
I've also include an extra copies of each. Please conform these copies and retu with our
ruer.
Please do not hesitate to contact me with questions.
Best regards,
4~ / ,I 1-//
Richard R. Hall
RR:ct
Enclosure
71065174.10085000-01031
Alaska California Colorado
Idaho Minnesota Oregon Utah Washington
R.ECE'.l\/E DORIGINAL
20 II DEC I 5 AM II = 4 I
BEFORE THE IDAHO pVcJ¥!trf~1~~~~~I~~~~ISSION
IN THE MATTER OF THE APPLICATION OF )
PACIFICORP DBA ROCKY MOUNTAIN )
POWER FOR A DETERMINATION )
REGARDING A FIRM ENERGY SALES )
AGREEMENT BETWEEN ROCKY MOUNTAIN )
POWER AND CEDAR CREEK WIND, LLC )
(RA TTLESNAKE CANYON PROJECT) )
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
IN THE MATTER OF THE APPLICATION OF
PACIFICORP DBA ROCKY MOUNTAIN
POWER FOR A DETERMINATION
REGARDING A FIRM ENERGY SALES
AGREEMENT BETWEEN ROCKY MOUNTAIN
POWER AND CEDAR CREEK WIND,LLC
(COYOTE HILL PROJECT)
IN THE MATTER OF THE APPLICATION OF
PACIFICORP DBA ROCKY MOUNTAIN
POWER FOR A DETERMINATION
REGARDING A FIRM ENERGY SALES
AGREEMENT BETWEEN ROCKY MOUNTAIN
POWER AND CEDAR CREEK WIND, LLC
(NORTH p'OINT PROJEÇT)
IN THE MATTER OF THE APPLICATION OF
PACIFICORP DBA ROCKY MOUNTAIN
POWER FOR A DETERMINATION
REGARDING A FIRM ENERGY SALES
AGREEMENT BETWEEN ROCKY MOUNTAIN
POWER AND CEDAR CREEK WIND, LLC
(STEEP RIDGE PROJECT)
IN THE MATTER OF THE APPLICATION OF
PACIFICORP DBA ROCKY MOUNTAIN
POWER FOR A DETERMINATION
REGARDING A FIRM ENERGY SALES
AGREEMENT BETWEEN ROCKY MOUNTAIN
POWER AND CEDAR CREEK WIND, LLC
(FIVE PINE PROJECT)
CASE NO. PAC-E-ll-Oi
CASE NO. PAC-E-! J-02
CASE NO. PAC-E-ll-03
CASE NO. PAC-E-ll-04
CASE NO. PAC-E-ll-05
MOTION FOR APPROVAL OF
SETTLEMENT STIPULATION
AND FOR AUTHORITY TO
WITHDRAW APPLICATIONS
COMES NOW, Cedar Creek Wind, LLC ("Cedar Creek"), Rocky Mountain Power (the
"Company"), and the Staff of the Idaho Public Utilties Commission C4Staff' and collectively
refell'ed to as 44the Parties"), and hereby move the Commission for an Order approving the
Settlement Stipulation ("Stipulation") fied herewith, and for authority to withdraw the
Applications associated with Case Nos. PAC-E-1 I-I and PAC-E-1 1-04. This Motion is based
on the following:
1. This proceeding concerns the Commission's review of five qualifying facilties
('4QFs") power purchase agreements between PacifiCorp and Cedar Creek filed with the
Commission in the above captioned cases on January 10,2011 (the '40riginal Agreements").
Under the Original Agreements, Cedar Creek committed to sell, and Rocky Mountain Power
committed to buy, all of the energy and capacity from each of Cedar Creek's five wind
generating facilities (the "Projects"). The Original Agreements were the result of months of
negotiation between Cedar Creek and Rocky Mountain Power.
2. With a view toward resolving the issues raised in the pending Commission cases
(PAC-E-1 I~Ol through PAC-E-1 I-OS), in FERC Docket No. ELl 1-59-000, and in Idaho
Supreme Court Docket No. 39134-201 I, representatives of the Paries met on October 20 and 27,
November 16, and December 1,201 I, pursuant to IDAPA 31.01.01.352, to engage in settlement
discussions.
3. As a result of the settlement discussions, the Parties have reached agreement that
as of at least December 13, 2010, Cedar Creek had a 441egalIy enforceable obligation" with Rocky
Mountain Power. Accordingly, the Parties respectfully request that the Commission, pursuant to
its authority, (i) approve the Stipulation and all of its terms and conditions without material
change; (ii) modify its July 27, 2011, Order No. 32302 on Reconsideration (such modified order
2
to be referred to herein as the "Amended Order"); and (ii) make such additional findings or tae
such notice as it deems necessary and appropriate, and approve three of the five Firm Energy
Sales Agreements, as amended by the Stipulation, namely, the North Point Project (Case No.
PAC-E-11-03), the Five Pine Project (Case No. PAC-E-I 1 -05) and the Coyote Hil Project (Case
No. PAC-E-l 1-02). See IDAPA 31.01.01.326, 352-354. The Pai1ies also request that the
Commission grant Rocky Mountain Power the authority to withdraw the Applications for
approval associated with the remaining two Original Agreements in Case No. PAC-E-II-01 and
Case No. PAC-E-I1-04.
4. If the Commission approves the Stipulation without material modification, Cedar
Creek agrees to withdraw its Idaho Supreme Court appeal in Docket No. 39134-2011, and the
Parties agree to waive any right to fie any action authorized by or in connection with the
Amended Order, or the order issued by FERC in Docket No. E11-59-000, or any appeal
concerning the matters expressed herein.
5. The Paries agree that the Stipulation represents a fair, just and reasonable
resolution of the issues in this proceeding, is in the public interest, and is in accordance with law
and applicable regulatory policies. The Parties recommend that the Commission grantthis
Motion and approve the Stipulation in its entirety, without material change or condition.
NOW, THEREFORE, the Pai1ies respectfully request that the Commission issue an
Amended Order in Case Nos. PAC-E-l1-01, PAC-E-l 1-02, PAC-E-II-03, PAC-E-11-04 and
PAC-E-II-05:
1. Approving the Stipulation, in its entirety, without material change or condition;
and
3
2. Authoriina th Coy to withdraw its Appicon in C,.se Nt)$. PAC-6-11-
Oland PAC-E-) 1-04.,.
RctfuUy sutt ths!lday of Deemb 20 i )..
Ro)' Mo. P.ir Cedar Cree Wiad, LLC
'I'" e-."""AGtL
Iclo PubH UUWIO C...ias1Sà
By ~:".Ja. &4~
Kt ne A. Sas
Dety Auorney Ge
4