20150521PAC Objection.pdf

l.
Yvonne R. Hogle (8930)
Rocky Mountain Power
201 South Main, Suite 2400 2lli lll'f 2 I riiS li' I 6
SaltlakeCity,Utah84lll ji,,r ,,:,
Telephone: [phone]JTILl'ii':l ii-ii. - ,; ::,r.-iit
Facsimile: 801 .220.3299
Yvonne.ho gle@pacifi com. com
Attorneyfor Roclcy Mountain Power
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE
APPLICATION OF ROCKY MOUNTAIN )
POWER FOR MODIFICATION OF ) CASE NO' PAC-8.15-03
rERMS ArrD cor\DrrroNs ox,puRpA I rri;}li;l|,
PURCHASE AGREEMENTS Ai\tD FOR )
MODIFTCATTON OF'rTS AVOIDED )
COST METHODOLOGY )
)
rN THE MATTER OF rDAHO POWER ) ROCKY MOUNTAIN POWER',S
COMpAI\ty,S pETITION TO MODIFy ) OBJECTION AI\D MOTION IN
TERIVIS AI\1D COI\DITIONS OF ) OPPOSITION TO ECOPLEXUS INC''S
PROSPECTIVE PTIRPA EI\ERGY SALES ) PETITION TO INTERVEI\I'E
AGREEMENTS )
)
IN THE MATTER OF'AVISTA )
CORPORATION'S PETITION TO iMODIFY TER]VIS AI\D CONDITIONS OF )
PROSPECTTYE PI]RPA AGREEMENTS )
)
)
COMES NOW, Rocky Mountain Power ("Rocky Mountain Power" or "Company"),
pursuant to Idaho Public Utilities Commission Rules of ProcedureT3 and75, ard supports and
joins Idaho Power Company's Objection and Motion in Opposition ("Idaho Power Motion") to
Ecoplexus, Inc.'s ("Ecoplexus") Petition to Intervene ("lntervention Petition"), based on the
following:
PROCEDURAL HISTORY
Rocky Mountain Power filed a Petition and the supporting testimony of two witnesses,
Paul Clements and Brian Dickman, with the Commission March 2,2015 requesting certain
modifications to the terms and conditions of its power purchase agreements.
On March 13,2015, the Commission issued Order No. 33250, by which it consolidated
the Company's and Avista Corporation's ("Avista") petitions with Idaho Power's Case No. IPC-
E-15-01, which was open pursuant to Idaho Power Company's Petition requesting similar
modifications to its own terms and conditions within its power purchase agreements. This Order
also directed that all parties granted intervenor status in Idaho Power's case would be designated
as parties in Rocky Mountain Power's and Avista's cases, and that any other party desiring to
intervene in the Rocky Mountain Power or Avista cases should file petitions to intervene no later
than March 27,2015.
On March 18,2015, the Commission issued Order No. 33253 to, among other things;
adopt a procedural schedule in the combined cases. The Commission ordered deadlines in the
case as follow: Staff and Intervenor direct testimony - April 23,2015; Staff and Intervenor
rebuttal testimony - May 14,2015; utilities rebuttal testimony - June ll,2015; technical hearing
- June 29 -30,2015, and July 1,2015. On May 7,2015, the Commission issued a Notice of
Public Customer Hearings for this case, scheduling two public customer hearings as follow: in-
person hearing - June 24,2015; telephonic hearing - June 30, 2015.
On May 12,2015, Ecoplexus submitted its Intervention Petition, approximately 1.5
months from the March 27,2015 intervention deadline established in the Rocky Mountain Power
and Avista cases, and about 2.5 months from the intervention deadline established in the Idaho
Power case.
ARGUMENT
Rocky Mountain Power hereby incorporates and joins in the arguments in the Idaho
Power Motion objecting to the Intervention Petition. In addition, Rocky Mountain Power urges
the Commission to deny the Intervention Petition because the interests of Ecoplexus in this case
are not unique; they will be covered to a large extent by parties with similar interests who timely
intervened and filed at least one round of testimony already. Allowing Ecoplexus to intervene in
this case at this late stage would disrupt the process and be prejudicial to the utilities.
Responding specifically to the accusation that Rocky Mountain Power failed to provide
Ecoplexus with notice about this proceeding, Rocky Mountain Power provided the pending case
number to Ecoplexus in the letter referenced and attached to the Motion to Late File the Direct
Prefiled Testimony of Erik A. Stuebe ("Motion to File Direct Testimony Late"), dated and filed
May 18, 2015, almost one month past the deadline for intervenor direct testimony. Ecoplexus
provides no explanation or reason for filing the Motion to File Direct Testimony Late and the
Direct Testimony of Erik A. Stuebe almost one week after its Intervention Petition.
Further, Rocky Mountain Power does not have a duty to provide the status of and explain
the process and schedule in a case, or to ensure that the interests ofEcoplexus are represented in
such a case. In any event, the Idaho Power Motion confirmed that Ecoplexus was made aware of
the proceedings as early as February 2,2015. In summary, Ecoplexus has not met its burden of
providing a'osubstantial reason" for delay under RP 73, and granting the Intervention Petition at
this late stage of the proceeding will prejudice the utilities.
For the foregoing reasons, Rocky Mountain Power urges the Commission to reject the
Intervention Petition, the Motion to File Direct Testimony Late and the Direct Testimony of Erik
A. Stuebe. In the alternative, Rocky Mountain Power proposes that the Commission limit
Ecoplexus' participation in this matter as a public wifiress.
DATED this 20ft day of May,2015.
RESPECTFULLY SUBMITTED,
Yvonne R. Hogle
Attorneyfor RoclE Mountain Power
4
CERTIFICATE OF SERVICE
I hereby certify that on this 20th of May 2Ol5,I caused to be served, via e-mail a true and
correct copy of the foregoing document in Case Nos. PAC-E-I5-03/IPC-E-15-01/AVU-
E-I5-01 to the following:
Donovan E. Walker Donald L. Howell, II
Idaho Power Company Daphne Huang
l22l W.Idaho St. (83702) Idaho Public Utilities Commission
P0 Box 70 472W, Washington (83702)
Boise, ID 83707-0070 P0 Box [e-mail] Boise,ID [e-mail] [e-mail]
daphne.huan g@ouc. idaho. gov
fuchard Malmgren Frederick J. Schmidt
Senior Assistant General Counsel Micron Technology, Inc.
Micron Technology, Inc. 377 S. Nevada Street
800 5. Federal Way Carson City, NV 89701
Boise,ID 83716 [e-mail]
[e-mail]
Peter J. Richardson Don Reading
Gregory M. Adams 6070 Hill Road
Richardson Adams, PLLC Boise, ID 83703
515 N.276 Street [e-mail]
Boise, ID 83702
peter@richardsonadams. com
gres@richardsonadams. com
Matt Vespa Leif Elgethun, PE, LEED AP
Idaho Conservation League, Sierra Club Intermountain Energy Partners, LLC
85 Second Street, 2nd Floor P0 Box 7354
San Francisco, CA 94105 Boise, ID [e-mail] [e-mail]
Dean J. Miller Kelsey Jae Nunez
McDewitt & Miller LLP Snake River Alliance
420W. Bannock St. P0 Box 1731
Boise,ID 83702 Boise,ID [e-mail] [e-mail]
Michael G. Andrea Clint Kalich
Avista Corporation Avista Corporation
l4l I East Mission Ave. - MSC-23 l4l I East Mission Ave. - MSC-23
Spokane, WA99202 Spokane, WA99202Michael.andrea@.avistacom.com [e-mail]
Linda. gervais@ avistacolp.com
Irion Sanger Scott Dale Blickenstaff
Sanger Law P.C Amalgamated Sugar Company
I I 17 SW 53'd Avenue l95l 5. Saturn Way, Suite 100
Portland, OR 97215 Boise, ID [e-mail] [e-mail]
C. Tom Arkoosh
Arkoosh Law Offrces
802 W. Bannock St., Ste. 900 (83702)
P0 Box 2900
Boise,ID 83701
[e-mail]
Eric L. Olsen
Racine, Olson, Nyc, Budge & Bailey, Chartered
201 E. Center
P0 Box l39l
Pocatello, lD 83204-139 I
[e-mail]
Scott Dale Blickenstaff
The Amalgamated Sugar Co LLC
l95l S. Saturn Way, Suite 100
Boise,ID 83702
sblickenstaff(Damalsusar. com
Ted Weston
Rocky Mountain Power
201 S. Main Street, Suite 2300
Salt Lake City, UT 84111
Ted. weston@oacificorp. com
John R. Hammond, Jr.
Fisher Pusch LLP
101 S. Capitol Blvd., Suite 701
Boise,ID 83702
[e-mail]
Erin Cecil
Arkoosh Law Offices - Electronic Copies Only
Erin.cecil@darkoosh. corn
Anthony Yankel
29814 Lake Road
Bay Village, OH 44140
[e-mail]
Data Request Response Center - Electonic Copies
Only
PacifiCorp
datarequest@pacifi com.com
Yvonne Hogle
Rocky Mountain Power
201 S. Main Steet, Suite 2300
Salt Lake City, Utah 841I I
Yvonne.hoele@oacificom. com
John Gorman
Ecoplexus, [nc.
650 Townsend Steet, Suite 310
San Francisco, CA 94103
[e-mail]