20150518Motion to Late File.pdf

John R. Hammond, Jr.- ISB No. 5470
Frsurn Puscu lLp
U.S. BANK PLAZA_ 7th Floor
101 S. Capitol Blvd., Suite 701
P.O. Box 1308
Boise,ID 83701
Telephone: [phone]
Facsimile: 208.331.2400E-mail: [e-mail]
Attorneys for Ecoplexus, Inc.
IN THE MATTER OF IDAHO POWER
COMPANY'S PETITION TO MODIFY
TERMS AND CONDITIONS OF
PROSPECTIVE PURPA ENERGY
SALES AGREEMENTS
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
Case No.IPC-E-15-01
MOTION TO LATE FILE THE DIRECT
PREFILED TESTIMONY OF ERIK A.
STUEBE
COMES NOW Ecoplexus, Inc., a Delaware corporation ("Ecoplexus") and files this
Motion to Late File the Direct Prefiled Testimony of Erik A. Stuebe in the above matter. As
discussed below, Ecoplexus has a direct and substantial interest in these proceedings.
Ecoplexus only recently learned of this open proceeding and its right to provide
testimony and participate. Despite having proposed photovoltaic solar generation qualifying
facilities in Idaho Power Company's and PacifiCorp's d/b/a Rocky Mountain Power's service
territories, Idaho Power never informed Ecoplexus of these proceedings in correspondence it
sent to Ecoplexus. Similarly, Rocky Mountain Power's letter communications in late March and
early April stated unequivocally that "[i]n a March 9,2015,Idaho Public Utilities Commission
("Commission") bench order in Case No. PAC-E-15-03, the Commission reduced the maximum
MOTION TO LATE FILE THE DIRECT PREFILED TESTIMONY OF ERIK A. STUEBE
ORIGINAL
allowed QF contract term from 20 years to 5 years. On March 13,2015,Idaho Public Utilities
Commission ("Commission") issued written Order No. 33250 in Case No. PAC-E-15-03
confirming their bench order effective as of March 9,2015." Per the actual Commission Order
No. 33250, they importantly failed to note that this was "pending further order of th
Commission" and "subject to any clarifying order resolving pending petitions to clarify in the
Idaho Power case." Finally, neither utility advised Ecoplexus that they had an opportunity to
intervene in this case. The relevant letters are attached to this Motion as Exhibit A.
Further, the filing of the Direct Prefiled Testimony of Erik A. Stuebe will not broaden the
issues, delay the proceedings or result in prejudice to any party.
WHEREFORE, Ecoplexus respectfully requests that this Commission grant its Motion to
Late File the Direct Prefiled Testimony of Erik A. Stuebe. Such testimony has been filed
contemporaneously with this Motion.
DATED tni" -6 of May 2015
Hammond Jr.
MOTION TO LATE FILE THE DIRECT PREFILED TESTIMONY OF ERIK A. STUEBE
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on ,n" itOuy of May, 2015,I served a true and correct
copy of the foregoing by delivering the same to each of the following individuals by electronic
mail, addressed as follows:
Donovan E. Walker
Regulatory Dockets
Idaho Power Company
l22lW. Idaho St. (83702)
PO Box 70
Boise, ID 83707-0070
E-mail : [e-mail]
dockets@idahopower. com
Donald L. Howell,II
Daphne Huang
Deputy Attorneys General
Idaho Public Utilities Commission
472 W . Washington (837 02)
POBox 83720
Boise,lD 83720-0074
E-mail: [e-mail]. gov
[e-mail]. gov
Don Reading
6070 Hill Road
Boise,ID 83703
E-mail : dreadin [e-mail]
Benjamin J. Otto
Idaho Conservation League
710 N. Sixth Street (83702)
PO Box 844
Boise,ID 83701
E-mail : [e-mail]
Matt Vespa
Sierra Club
85 Second St., 2nd Floor
San Francisco, CA 94105
E-mail : [e-mail]
MOTION TO LATE FILE THE DIRECT PREFILED TESTIMONY OF ERIK A. STUEBE
Leif Elgethun, PE, LEED AP
Intermountain Energy Partners, LLC
PO Box 7354
Boise,lD 83707
E-mail: [e-mail]
Dean J. Miller
McDevitt & Miller LLP
420W. Bannock St.
Boise, lD 83702
E-mail : [e-mail]
Kelsey Jae Nunez
Snake River Alliance PO Box 1731
Boise,ID 83701
E-mail: [e-mail]
Electronic Copies Only:
Ken Miller
Snake River Alliance
E-mail: [e-mail]
Ted Weston
PacifiCorp/ dba Rocky Mountain Power
201 S. Main Street, Suite 2300
Salt Lake City, UT 84111
E-mail : [e-mail]
Daniel E. Solander
Yvonne R. Hogle
PacifiCorp/ dba Rocky Mountain Power
201 S. Main Street, Suite 2300
Salt Lake City, UT 84111
E-mail : daniel. solander@pacifi corp. com
wonne.ho gle@pacifi corp. com
Electronic Copies Only:
Data Request Response Center
PacifiCorp
E-mail : datarequest@pacifi corp.com
C. Tom Arkoosh
Arkoosh Law Offices
802 W. Bannock St., Ste. 900 (83702)
PO Box 2900
MOTION TO LATE FILE THE DIRECT PREFILED TESTIMONY OF ERIK A. STUEBE
Boise,ID 83701
E-mail: [e-mail]
Electronic Copies Only:
Erin Cecil
Arkoosh Law Offices
E-mail : [e-mail]
Eric L. Olsen
Racine, Olson, Nye, Budge
& Bailey, Chartered
201 E. Center
PO Box l39l
Pocatello, ID 83204-1391
E-mail: [e-mail]
Anthony Yankel
29814 Lake Road
Bay Village, OH 44140
E-mail: [e-mail]
Peter J. Richardson
Gregory M. Adams
Richardson Adams, PLLC
515 N. 27ft Street
Boise,lD 83702
E-mail : peter@richardsonadarus_.com
gre g@richardsonadams. com
Ronald L. Williams
Williams Bradbury, PC
1015 W. Hays St.
Boise,lD 83702
E-mail: [e-mail]
Irion Sanger
Sanger Law, PC
I I 17 SW 53rd Avenue
Portland, OR 97215
E-mail : [e-mail]
Michael G. Andrea
Senior Counsel Avista Corporation
1411 E. Mission Ave., MSC-23
Spokane, WA 99202
MOTION TO LATE FILE THE DIRECT PREFILED TESTIMONY OF ERIK A. STUEBE
E-mail:
michael. andrea@avistacorp. com
Clint Kalich, Manager
Resource Planning & Analysis
Avista Corporation
l41l E. Mission Ave., MSC- 7
Spokane, WA99202
E-mail: [e-mail]
Frederick J. Schmidt
Pamela S. Howland
Holland & Hart, LLP
377 S Nevada Street
Carson City, NV 89703
E-mail: [e-mail]
Richard E. Malmgren
Micron Technology, Inc.
800 South Federal Way
Boise,ID 83716
E-mail: [e-mail]
Scott Dale Blickenstaff
The Amalgamated Sugar Co LLC
l95l S. Saturn Way, Suite 100
Boise, ID 83702
E-mail: [e-mail]
Andrew Jackura
Sr. Vice President North America Development
Camco Clean Energy
9360 Station Street, Suite 37
Lone Tree, CO 80124
E-mail:
andrew j ackura@cjrm coc I eanener gy_. com
MOTION TO LATE FILE THE DIRECT PREFILED TESTIMONY OF ERIK A. STUEBE
%utmlil,L.€PO'lrER^
An IDACORP CompanY
DONOVAN E. WALKER
Lead Gounsel
[e-mail]
(208) 3E8-s317
May 8, 2015
VIA ELECTRONIC AND U.S. MAIL
nroqers@ ecoDlexus. co m
Nathan Rogerc
Project Development Manager
Ecoplexus
650 Townsend Street, Suite 310
San Francisco, California 94103
Re: Your April 30,2015, Letters for North Road PV1, Mountain Home PV1,
Ada PVl, Meridian Road PVl, Meridian Road PV2, and Mountain Home
PV2 lndicative Pricing Letters
Mr. Rogers:
As ldaho Power has previously informed you in writing, any previously provided
indicative pricing schedules have been revoked. Avoided cost rates change over time,
and ldaho Power Company ("ldaho Powe/' or "Company") has informed you of such
changes that have occurred. Your April 30, 2015, letters requesUdemand indicative
pricing from ldaho Power for a 2o-year contractual term. ldaho Public Utilities
Commission ("!PUC") Order No. 33222 reduced the maximum contractual term for
Public Utility Regulatory Policies Act of 1978 ("PURPA") Qualifying Facility ("QF")
contracts to five years.
Your projects currently have no legally enforceable obligation to any previously
effective rates, terms, or conditions that may have been in place or are in place now.
The factual, as-applied determination of when a PURPA QF establishes the right to a
particular avoided cost rate or particular contractual terms and conditions pursuant to a
legally enforceable obligation is a determination that lies exclusively with the state
authority and the IPUC. Power Resource Group, lnc., v. Public Util$ Commission of
Iexas, 73 S.W.3d 354 (Tex.2OO2); Power Resource Group, lnc., v. Kein, No. A-03-CA-
762-H, slip op. al12 (W.D.Tex. Feb. 18,2004); Power Resource Group, lnc., v. Public
Utility Commission of Texas,422F.3d 231 (sth Cir. 2005) cert. denied,547 U.S. 1020,
126 S.Ct. 1583, 164 L.Ed.2d 301 (Mar. 20, 2006). The ldaho Supreme Court has
recently examined and reaffirmed the IPUC's authority and process for establishing a
1221 W. ldaho St. (83702)
P,o. Box 70
Bolse, lD 83707
Nathan Rogers
May 8, 2015
Page 2 of 2
legally enforceable obligation as proper and consistent with both state and federal law.
ldaho Power Co., v. ldaho Public Utilities Comm'n., 155 ldaho 780, 316 P.3d 1278
("Grouse Creek'\.
Schedule 73 describes the only two conditions under which any prices or other
terms and conditions will become final and binding on the parties: (1) the prices and
other terms contained in an Energy Sales Agreement ('ESA") shall become final and
binding upon full execution of such ESA by both parties and approval by the IPUC or (2)
the applicable prices that would apply at the time a complaint is filed by a QF with the
IPUC shall be final and binding upon approval of such prices by the IPUC and a final,
non-appealable determination by the IPUC that (a) a legally enforceable obligation has
arisen and, but for the conduct of the Company, there would be a contract and (b) the
QF can deliver its electrical output within 365 days of such determination.
Your proposed projects will retain their respective positions in ldaho Powe/s
pricing queue. However, you "qualified" your request for indicative pricing to that for a
2}-year contractual term, which is not available for your proposed solar QF projects that
exceed 100 kilowatts. lf you wish to receive indicative pricing for your proposed
projects, for the currently applicable five-year contractual term, please indicate as much
in writing within the next ten business days, or no later than May 22,2015.
DEW:csb
cc: Randy Allphin, ldaho Power (via e-mail)
n E. Walker
ryn*HnsgFp ENEHGY
April2,2015
Jonathan Kay
Ecoplexus
650 Townsend Street Suite 310
San Francisco, CA 94103
Phone: [phone]
Delivered via email lo [e-mail]
Re: Idaho Indicative Pricing Request
Dear Jonathan:
Attached please find the updated indicative qualifoing facility ("QF") pricing for your proposed
Idaho solar projects listed below:
Indicative pricing is provided for each project with similar projects receiving the same prices
assuming each project is first in the QF queue. For your nine projects, we grouped them into four
"buckets" based on similar characteristics and location as noted above. When any QF executes a
contract with the Company, including an Ecoplexus Solar project, we reserve the right to update
the pricing for the other projects.
In a March 9,2015 Idaho Public Utilities Commission ("Commission") bench order in Case No.
PAC-E-15-03, the Commission reduced the maximum allowed QF contract term from 20 years
to 5 years. On March 13. 2015 Idaho Public Utilities Commission ("Commission") issued
written Order No. 33250 in Case No. PAC-E-15-03 confirming their bench order effective as of
March 9,2015. Consistent with this order, prices have been provided for 5 years.
In the December 18,2012 ldaho Public Utilities Commission ("Commission") Order 32697 in
Phase III of Case No. GNR-E-I l-03, the Commission directed the Company to provide
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Group oF#Proiect Name
Project Size
(MW)
Capacity
Factor
Commercial Operation
Date
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indicative avoided cost pricing to wind and solar qualiffing facility projects over l00kW based
on the Company's IRP methodology.
Therefore, pursuant to the Commission order and consistent with PacifiCorp's procedures to
provide indicative pricing for solar projects greater than 100 kW, the Company provides the
attached indicative avoided cost pricing. This pricing replaces and supersedes any pricing
previously provided.
The indicative pricing that accompanies this letter are merely indicative and are not final and
binding. Prices and other terms and conditions are only final and binding to the extent contained
in a power purchase agreement executed by both parties and approved by the Commission. The
indicative pricing contained herein is based on certain assumptions including, but not limited to,
deliverability and the availability of certain transmission services. The assumptions used to
determine the avoided cost pricing are subject to change, which in turn may modify the provided
indicative avoided cost pricing.
The indicative pricing has been provided for illustrative purposes in annual on peak ("HLH") and
off peak ("LLH") values and as annual 7x24 flat (all hours) values. The pricing has also been
provided in monthly HLH and LLH values. Should you choose to move forward with a power
purchase agreement, the monthly HLH and LLH values will be used in the power purchase
agreement.
HLH is defined as Monday through Saturday, T:00 AM MST to 11:00 PM MST, excluding
NERC holidays. LLH is defined as all hours that are not on peak.
It is the responsibility of the QF developer to make necessary interconnection arrangements and
transmission service alrangements with the transmission provider. The Company's obligation to
make purchases from a QF is conditioned upon all necessary interconnection arrangements being
consummated. The process of making the interconnection arangements may result in the
identification of additional costs (including, but not limited to, potential improvements to the
distribution and/or transmission system) or timing considerations to accomplish necessary
interconnection upgrades that are the responsibility of the qualifying facility developer.
Nothing in this letter should be construed as creating a power purchase agreement or other legally
enforceable obligation between PacifiCorp and ecoplexus for any of these projects. Nothing in this
indicative pricing request response should be construed as an offer on the part of PacifiCorp to
enter a power purchase agreement with ecoplexus for any of these projects.
If you have any questions or require additional information, please feel free to contact me at (503)
813-5218.
Origin*tia* s$S Qf 0onkac{*
This communication is preliminary and is intended to serve as a basis Jbr furlher discussion and
negotialions between the parties. This does nol contain all matlers upon which agreement must be
reached in order for q transaction to be completed. The motters set fortlt herein are not intended to and
do not constitule a binding agreement or establish any obligation by any party, and lhis communication
may not be relied upon as the basis for a contract by estoppel or olherwise. A binding agreement will
arise only upon the negotiation, execution and delivery of mutually satisfactory definitive agreements and
the satisfaction of the conditions setforth therein, including completion of due diligence and the approval
of such agreements by the respective governing bodies and managemenl of each party, which approval
shall be in lhe sole subjective discretion of the respective governing bodies and management. Any actions
laken by a party in reliance on the non-binding lerms expressed herein or on slalements made during
negoliations of the transactions contemplated hereby shall be al thal party's own risk. In addition, our
proposed terms are based on current market conditions and PacifiCorp may update our proposed
terms/conditions based on changing market conditions until such time as the parlies have executed a
definilive agreement.