20150521Staff's Answer Objecting.pdf

DONALD L. HOWELL, II
DAPHNE HUANG
DEPUTY ATTORNEYS GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
472 WEST WASHINGTON STREET
PO BOX 83720
BOISE, tD 83720-0074
Idaho Bar Nos. 3366 and 8370
Tele: [phone]
(208) 334-03 l 8
Fax: [phone]
E-mail : don.howell@puc. idaho. gov
daphne.huan g@puc. idaho. sov
Attorneys for Commission Staff
IN THE MATTER OF IDAHO POWER
COMPANY'S PETITION TO MODIFY
TERMS AND CONDITIONS OF PURPA
PURCHASE AGREEMENTS
IN THE MATTER OF AVISTA
CORPORATION'S PETITION TO MODIFY
TERMS AND CONDITIONS OF PURPA
PURCHASE AGREEMENTS
TN THE MATTER OF ROCKY MOUNTAIN
POWER COMPANY'S PETITION TO
MODIFY TERMS AND CONDITIONS OF
PURPA PURCHASE AGREEMENTS
I i-inl i
.)nti: trrv t Il,Ji'l ill',i1-I
r" .ll- ..'.'t-i !l I I I -: r .r ,ri i lr^l t
Pii 3' 56
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASE NO. IPC.E-15.01
CASE NO. AVU.E.Is.OI
CASE NO. PAC.E-15.03
STAFF'S ANSWER OBJECTING TO
ECOPLEXUS'S MOTION TO LATE
FILE DIRECT TESTIMONY
COMES NOW, the Staff of the Idaho Public Utilities Commission by and through its
attorneys of record and files this answer objecting to Ecoplexus's May 18, 2015 Motion to Late
File the Direct Testimony of its witness. Ecoplexus's Motion to Late File was received six days
after its Petition to Intervene. In both Ecoplexus's Petition and Motion, Ecoplexus asserted that
its participation "will not broaden the issues, delay the proceedings or result in prejudice to any
party." Petition and Motion at2. On May 19, 2015, Ecoplexus filed an "Errata" to its late-filed
STAFF'S ANSWER OBJECTING TO
ECOPLEXUS'S MOTION TO LATE
FILE DIRECT TESTIMONY
Petition to Intervene and its Motion to Late File Direct Testimony. In its Errata, the solar
developer acknowledged that Idaho Power had actually notified Ecoplexus that Idaho Power had
"filed a Petition in this case." Errata at l.
ARGUMENT
Although Staff did not object to Ecoplexus's Petition to Intervene, Staff does object
to Ecoplexus's Motion to Late File the Direct Testimony of its witness. Despite Ecoplexus's
assertion set out in its Motion that the late filing of the testimony of its witness, Erik A. Stuebe,
"will not broaden the issues, delay the proceedings, or result in prejudice to any party," allowing
his testimony to be filed at this point will result in just the opposite. Staff urges the Commission
to deny the Motion for the following reasons.
First and foremost, if the Commission grants Ecoplexus's Petition to Intervene, such
intervention is conditioned by Rule 73. In pertinent part, this rule provides that "interyenors who
do not file timely petitions are bound by orders and notices earlier entered as a condition of
granting the untimely petition." IDAPA 31.01.01.073. The Commission's Scheduling Order
No. 33253 required that intervenor direct testimony be filed no later than April 23,2015, and
intervenor rebuttal testimony be filed no later than May 14,2015. Neither Ecoplexus's Motion
nor proposed testimony was timely-filed. Thus, the solar developer is not in compliance with the
Commission's Scheduling Order.
In addition, Ecoplexus's rationale supporting the late filing of its testimony is without
merit. Ecoplexus's initial claim that it was never informed by the utilities of these proceedings
was withdrawn in the Errata to its Motion. In its Errata the developer acknowledged that it did
receive actual notice from Idaho Power in February 2015, that the utility had filed its Petition in
this case. Errata at l.
Second, contrary to the assertions of Ecoplexus, allowing the introduction of the
proposed testimony of its witness will broaden the issues. In particular, Mr. Stuebe's proposed
direct testimony introduces several new issues. On page 8 of his testimony between lines 14 and
18, the witness suggests that "the Commission should consider introducing a REC or
Compliance Certificate value in its QF contracts and requir[e] that any in state QFs the utilities
contract with must deliver the RECs to the utilities." Staff maintains that the issue of including a
REC value in QF contracts and the allocation of RECs is a new issue in this proceeding. In
STAFF'S ANSWER OBJECTING TO
ECOPLEXUS'S MOTION TO LATE
FILE DIRECT TESTIMONY
addition, the witness's proposed testimony on pages 10-12 alleges that Ecoplexus perfected a
legally enforceable obligation (LEO) with PacifiCorp. This allegation is beyond the scope of
this proceeding and contrary to the long-established procedures for processing PURPA
complaints.
Finally, introduction of Ecoplexus's proposed testimony at this stage of the case
results in prejudice to the Staff. When the Commission the initiated this case, it directed "the
parties to establish an expedited case schedule." Order No. 33222 at 4. As the Commission is
well aware, the deadline for Staff filing rebuttal testimony to any intervenor was May 14,2015.
Thus, unless the schedule is changed, Staff has been denied its opportunity to rebut this proposed
testimony and to engage in discovery to evaluate the old and new issues raised by Ecoplexus.
Instead of filing the proposed testimony with its Petition to Intervene on May 72, 2015, the
developer did not file its Motion to late file testimony until May 18, well after the date that direct
and rebuttal testimony were to be filed.
CONCLUSION
For the reasons set out above, Staff urges the Commission to deny Ecoplexus's
Motion to Late File Direct Testimony of Mr. Stuebe. The Commission should deny the Motion
to Late File Testimony as consistent with Commission Rule 73 and74, thereby maintaining the
integrity of the Commission-ordered schedule. Moreover, Rule 73 provides that "Intervenors
who do not file timely petitions are bound by orders and notices earlier entered as a condition of
granting the untimely petition." This rule prohibits the filing of testimony outside of the
schedule contained in OrderNo. 33253 issued March 18,2015.
Respecttully submitted this Z I 4 a^y of May 2015.
bls:N : IPC-E- I 5-0 l_AVU-E- I 5-0 l_PAC-E- I 5-03_dh2_Staff Response
STAFF'S ANSWER OBJECTING TO
ECOPLEXUS'S MOTION TO LATE
FILE DIRECT TESTIMONY
Deputy Attomey General
CERTIFICATE
I HEREBY CERTIFY THAT I HAVE THIS 21't DAY OF MAY 2015, SERVED
THE FOREGOING STAFF'S ANSWER OBJECTING TO ECOPLEXUS'S MOTION TO
LATE FILE DIRECT TESTIMONY, IN CASE NOS. IPC-E-I5-01/PAC-E-15-03/AVU-E-
15-01, BY E.MAILING A COPY THEREOF TO THE FOLLOWING:
DONOVAN E WALKER
REGULATORY DOCKETS
IDAHO POWER COMPANY
PO BOX 70
BOISE ID 83707-0070
E-mail: [e-mail]
dockets@idahopower. com
DR DON READING
6070 HILL ROAD
BOISE ID 83703
E-mail : [e-mail]
DEAN J MILLER
McDEVITT & MILLER LLP
420 W BANNOCK ST
BOISE ID 83702
E-mail: [e-mail]
KELSEY JAE NUNEZ
SNAKE RIVER ALLIANCE
PO BOX 1731
BOISE ID 8370I
E-mail: [e-mail]
TED WESTON
ID REG AFFAIRS MANAGER
ROCKY MOI.JNTATN POWER
2OI S MAIN ST STE 23OO
SALT LAKE CITY UT 84I I I
E-mail: [e-mail]
PETER J RICHARDSON
GREGORY M ADAMS
RICHARDSON ADAMS PLLC
PO BOX 7218
BOISE ID 83702
E-mail: [e-mail]
gre [e-mail]
BENJAMIN J OTTO
ID CONSERVATION LEAGUE
7IO N 6TH STREET
BOISE ID 83702
E-mail: [e-mail]
LEIF ELGETHUN
INTERMOUNTAIN ENERGY PARTNERS
LLC
PO BOX 7354
BOISE ID 83707
E-mail: lei(@sitebasedenergy.com
KEN MILLER
SNAKE RIVER ALLIANCE
E-MAIL ONLY:
kmiller@ snakeriveralliance. or g
DANIEL E SOLANDER
YVONNE R HOGLE
ROCKY MOLTNTAIN POWER
2OI S MAIN ST STE 24OO
SALT LAKE CITY UT 841 11
E-mail: [e-mail]
yvonne. ho ele@pacifi corp. com
CERTIFICATE OF SERVICE
DATA REQUEST RESPONSE CENTER
E-MAIL ONLY:
datarequest@pacifi corp. com
ERIN CECIL
ARKOOSH LAW OFFICES
E.MAIL ONLY
erin. cecil@arkoosh. com
ANTHONY YANKEL
29814 LAKE ROAD
BAY VILLAGE OH 44104
E-mail: [e-mail]
IRION SANGER
SANGER LAW PC
I I 17 SW 53m AVE
PORTLAND OR 97215
E-mail: [e-mail]
CLINT KALICH
AVISTA CORPORATION
141I E MISSION AVE
MSC.23
SPOKANE W A 99202
E-mail: [e-mail]
RICHARD MALMGREN
SR ASSIST GEN COUNSEL
MICRON TECHNOLOGY INC
8OO S FEDERAL WAY
BOISE ID 83716
E-mail: [e-mail]
C TOM ARKOOSH
ARKOOSH LAW OFFICES
PO BOX 2900
BOISE ID 83701
E-mail: [e-mail]
ERIC L OLSEN
RACINE OLSON NYE BUDGE
& BAILEY
PO BOX l39l
POCATELLO ID 83204-1391
E-mail: [e-mail]
RONALD L WILLIAMS
WILLIAMS BRADBURY PC
1015 W HAYS ST
BOISE ID 83702
E-mail: [e-mail]
MICHAEL G ANDREA
AVISTA CORPORATION
1411 E MISSION AVE
MSC-23
SPOKANE WA992O2
E-mail: [e-mail]
MATT VESPA
SIERRA CLUB
85 SECOND ST 2ND FLOOR
SAN FRANCISCO CA 94105
E-mail: [e-mail]
FREDERICK J SCHMIDT
PAMELA S HOWLAND
HOLLAND & HART LLP
377 S NEVADA ST
CARSON CITY NV 89703
E-mail : fschmidt@hollandhart. com
CERTIFICATE OF SERVICE
SCOTT DALE BLICKENSTAFF
AMALGAMATED SUGAR CO
195I S SATURN WAY
STE lOO
BOISE ID 83702
E-mail : [e-mail]
CAROL HAUGEN
CLEARWATER PAPER CORPORATION
E.MAIL ONLY
Caro L hau een@ clearwaterpaper. com
JOHN GORMAN
ECOPLEXUS, INC.
650 TOWNSEND STREET, SUITE 310
SAN FRANCISCO, CA 94103
E-mail: [e-mail]
ANDREW JACKURA
SR VP NORTH AMEzuCA DEVL
CAMCO CLEAN ENERGY
9360 STATION ST STE 375
LONE TREE CO 80124
E-mail: [e-mail]
JOHN R. HAMMOND, JR.
FISHER PUSCH LLP
lOI S. CAPITOL BLVD., SUITE 7OI
BOISE,ID 83702
E-mail: [e-mail]
SECRETARY
CERTIFICATE OF SERVICE