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Home My WebLink About20150225Cross Petition for Clarification.pdfWilliams Bradb,rry ATTORNEYS ATLAW February 25,2015 ,*r r r'_\ 1.. i I ,:.f.t,Ii ', TEli f[B 25 Pl': l: l+5 :i 1 ,i : l,'iIi.f i!-; I l1 lL.i't l[3 1_:(;i,.i :,i i :$lc,', Ms. Jean Jewell Commission Secretary Idaho Public Utilities Commission 472W. Washington Boise,lD 83702 Re: IPC-E-15-01 Dear Ms. Jewell: Enclosed please find an original and seven copies of Cross Petition for Clarification of Renewable Energy Coalition for filing in the above referenced docket. Please call should you have any questions. Sincerelv.flil^t: Ronald L. Williams RLWjr Enclosures cc: Service List 1015 !7, Hays Steet - Boise, lD 83702 Phone: 208-344-6633 - Fax: 208-344-0077 - wrtrw.udlliamsbradbury.com Ronald L. Williams,ISB No. 3034 Williams Bradbury, P.C. l0l5 W. Hays St. Boise LD,83702 Telephone: 208-344-6633 Fax: 208-344-0077 ron@williamsbradbury. com Irion Sanger Applying Counsel Sanger Law PC I117 SE 53'd Avenue Portland, OR 97215 Tel: (503) 756-7533 Fax: (503) 334-2235 irion@sanger-law.com Counsel for Renewable Energt Coalition IN THE MATTER OF IDAHO POWER COMPANY'S PETITION TO MODIFY TERMS AND CONDITIONS OF PROSPECTTVE PURPA ENERGY SALES AGREEMENTS i_.i-n i-_-i : r*.,';.":.'-, '- f*li f [:n ?5 Pl{ I: l+5 Ll i * r ; _ i , I r/"..., . i l-ill-tl L l; ;(.,r.i ,il:ili";.', BEFORE THE IDAHO PUBLIC UTILITES COMMISSION Case No.IPC-E-15-01 CROSS PETITION FOR CLARIFICATION OF RENEWABLE ENERGY COALITION Pursuant to Rule 325 of the Idaho Public Utilities Commission's (the 'oCommission") Rules of Practice and Procedure, IDAPA 31.01.01. 071 et. seq.,the Renewable Energy Coalition ("REC") cross petitions the Commission to clarify Order No.33222, as requested by the Intermountain Energy Partners LLC ("IEP"). In support of this cross petition, REC states as follows: The ordering paragraph of Order No.33222 provides in part: IT IS HEREBY ORDERED that effective February 5,2015, and pending further order of the Commission, the maximum contractual term for Idaho Power's new PURPA contracts shall be five years. REC CROSS PETITION FOR CLARIFICATION Page I IEP filed a petition for clarification requesting that this ordering paragraph of Order No. 33322 be revised as follows: IT IS HEREBY ORDERED that effective February 5,2015, and pending further order of the Commission, the maximum contractual term for Idaho Power's new PURPA contracts shall be five years, provided however this Order shall not apply to proposed OF projects that do not exceed the published rate eligibility cap. Idaho Power Company's ("Idaho Power") petition to modiff the terms and conditions of prospective Public Utility Regulatory Policies Act ("PURPA") energy sales agreements ("ESAs") ("Idaho Power Petition") requested that the Commission reduce the term for certain ESAs from twenty years down to two years. Idatro Power specifically requested that the term be shortened only for "transactions with proposed QF projects that exceed the published rate eligibility cap", which "is 100 kilowatts for wind and solar QFs and l0 average megawatts for all other QF generation types." Idaho Power Petition at 1-2, n.l. Idaho Power has subsequently confirmed in response to J.R. Simplot's first request for production of documents that Idaho Power is not seeking to limit the ESA term for QF projects that are lower than the published rate eligibility cap. Therefore, Idaho Power is not proposing to shorten the contract term for solar and wind projects 100 kilowatts and lower or for other QF generation types that are l0 average megawatts or lower. Idaho Power supports its request to reduce the contract term with evidence regarding the impacts of new large wind and solar QFs. Idaho Power asserts that it has 1,302 megawatts of PURPA projects under contract, with 781 megawatts on-line and operational today. Idaho Power Petition at 18. Idaho Power states that it currently has REC CROSS PETITION FOR CLARIFICATION Page2 577 megawatts of PURPA wind capacity operating, with an additional 50 megawatts scheduled to be on-line in 2016. Id. Idaho Power also states that it also has 461 megawatts of PURPA solar capacity under contract to be on-line in 2016, with 885 megawatts seeking contracts to be on-line in20l6. Id. Idaho Power alleges significant customer rate and reliability concerns associated with this large amount of existing and new large wind and solar QFs. ld. at20-27. Idaho Power states that small hydroelectric QFs below the rate eligibility cap make up the majority of the number of individual PURPA projects. Id. at 17-18. Specifically, small hydroelectric projects make up 68 of the total 133 PURPA projects under contract. Id. at 18. These are existing projects that have been operating and selling electricity to Idaho Power for many years, and often do not have other opportunities to sell their power other than to Idatro Power. Idaho Power explains that these hydroelectric projects provide only 154 megawatts of the total1,302 megawatts of PURPA nameplate generation. Id. While there are many individual small hydroelectric QFs, the small total size of these existing projects are not causing the alleged rate or reliability concerns identified by Idaho Power. In contrast, many of these projects are seasonal, which means that they provide Idaho Power with valuable capacity. Therefore, limiting the contract length to these projects not only does not address the problems identified by Idaho Power, but may harm both Idaho Power and its end-use customers. It would be a significant burden and cause uncertainty for the numerous individual small projects to frequently renegotiate their ptrchase power agreements. These projects are not large energy developers, but are community-based entities that are REC CROSS PETITION FOR CLARIFICATION Page 3 important contributors to the health of their local economies. The Commission should not make any modifications to PURPA policy that impacts these small hydroelectric projects without careful consideration of these projects' needs and operational characteristics. There is currently no evidence or other information in the record that would warant any changes to the contract term or any other terms and conditions that apply to small hydroelectric projects. WHEREFORE, REC respectfully requests that the Commission grant IEP's petition for clarification limiting the interim relief that shortened the maximum contract term to five years so that it only applies to propgsed QF projects that exceed the published rate eligibilrty cap. Dated this 25ft day of February,2015. Respectfully submitted, . /)\ /(U l^ t/lrt^ Ronald L. Williams Williams Bradbury, P.C. Attorneys for REC REC CROSS PETITION FOR CLARIFICATION Page 4 CERTIFICATE OF' SERVICE I HEREBY CERTIFY that on the 25th day of February, 2015, a true and correct copy of the within and foregoing CROSS PETITION FOR CLARIFICATION OF THE RENEWABLE ENERGY COALITION was served as shown to: Jean D. Jewell, Secretary Idatro Public Utilities Commission 472West Washington Boise,Idaho 83702 jeanjewell@puc.idaho. gov C. Tom Arkoosh Twin Falls Canal Company North Side Canal Company American Falls Reservoir District #2 Arkoosh Law Offices 802 W Bannock Ste 900 Boise ID 83702 tom. arkoosh@arkoo sh. com Ben Otto Idaho Conservation League 710 N 6th Boise ID 83702 botto @ idahoconservation. org Leif Elgethun PE LEED AP Intermountain Energy Partners LLC PO Box 7354 Boise lD 83707 leif@ sitebasedener gy. com Dean J Miller McDevitt & Miller LLP PO Box 2564 Boise lD 83702 i oe(Dmcdevitt-miller. com Daniel E Solander Rocky Mountain Power 201 South Main Street Ste 2400 Salt Lake City UT 84111 daniel. solander@pacifi com.com datarequest@pacifi corp. com X Hand Delivery _ U.S. Mail, postage pre-paid _ Facsimile _ Electronic Mail _ Hand Delivery _ U.S. Mail, postage pre-paid _ FacsimileX Electronic Mail _ Hand Delivery _ U.S. Mail, postage pre-paid _ FacsimileX Electronic Mail _ Hand Delivery _ U.S. Mail, postage pre-paid _ FacsimileX Electronic Mail _ Hand Delivery _ U.S. Mail, postage pre-paid _ FacsimileX Electronic Mail _ Hand Delivery _ U.S. Mail, postage pre-paid _ FacsimileX Electronic Mail REC CROSS PETITION FOR CLARIFICATION Page 5 Ted Weston Rocky Mountain Power 201 South Main Ste 2300 Salt Lake City UT 84111 ted.weston@pacifi com.com Kelsey Jae Nunez Snake River Alliance PO Box 1731 Boise ID 83701 knunez@ snakeriveralliance. or g Donovan E. Walker Lisa A. Grow RandyAllphin Idaho Power Company 1221 West Idaho Street Boise,ID 83702 dwalker@ idahopower. com lerow@idahopower.com rallphin@ idahopower. com dockets@idahopower.com Clint Kalich Avista Corporation l4l I E Mission Ave MSC-7 Spokane WA99202 clint.kalich@avistacorp. com Michael Andrea Avista Corporation l4ll E Mission Ave MSC-23 Spokane WA99202 michael. andrea@avistacorp. com Scoff Dale Blickenstaff The Amalgamated Sugar Company LLC l95l S Satum Way Ste 100 Boise ID 83702 sbl ickenstaff@amal su gar. com Richard E. Malmgren Micron Technology Inc 800 South Federal Way Boise ID 83716 remalmgren@micron.com _ Hand Delivery _ U.S. Mail, postage pre-paid X Electronic Mail _ Hand Delivery _ U.S. Mail, postage pre-paid _ FacsimileX Electronic Mail _ Hand Delivery _ U.S. Mail, postage pre-paid _ FacsimileX Electronic Mail _ Hand Delivery _ U.S. Mail, postage pre-paid _ FacsimileX Electronic Mail _ Hand Delivery _ U.S. Mail, postage pre-paid _ FacsimileX Electronic Mail _ Hand Delivery _ U.S. Mail, postage pre-paid _ FacsimileX Electronic Mail _ Hand Delivery _ U.S. Mail, postage pre-paid _ FacsimileX Electronic Mail REC CROSS PETITION FOR CLARIFICATION Page 6 Peter J. Richardson Gregory M. Adams Richardson Adams, PLLC PO Box 7218 Boise,lD 83702 peter@richardsonadams. com gre g@richardsonadams. com Dr. Don Reading 6070 Hill Road Boise,ID 83703 dreading@m indspring.com Frederick J. Schmidt Pamela S. Howland Holland & Hart LLP 377 South Nevada Street Carson City NV 89701 fschmidt@hollandhart. com Matt Vespa Sierra Club 85 Second St 2nd Floot San Francisco CA 94105 matt.vespa@ sierraclub. ore _ Hand Delivery _ U.S. Mail, postage pre-paid _ FacsimileX Electronic Mail _ Hand Delivery _ U.S. Mail, postage pre-paid _ FacsimileX Electronic Mail _ Hand Delivery _ U.S. Mail, postage pre-paid _ FacsimileX Electronic Mail _ Hand Delivery _ U.S. Mail, postage pre-paid _ FacsimileX Electronic Mail ,a) /{,,* l'/'ttt-- Ronald L. Williams REC CROSS PETITION FOR CLARIFICATION PageT