20150319Response to Clearwater and Simplot.pdf

WILLIAMS BRADBURY
ATTORNEYSATLAW
March 19,2015
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 the Renewable Energy
Coalition's (REC) Response to Joint Petition and Cross Petition for Clarification of
Clearwater Paper and Simplot.
Please call should you have any questions.
Sincerelv.
n:
Ronald L.
l,//t/'^
Williams
RLWjr
Enclosures
cc: Service List
1015 W. Hays Street - Boise, ID 83702
Phone: [phone] - Fax: [phone] - www.williamsbtadbury.com
Ronald L. Williams,ISB No. 3034
Williams Bradbury, P.C.
l0l5 W. Hays St.
Boise ID,83702
Telephone : [phone]
Fax: [phone]
ron@williamsbradbury. com
Irion Sanger
Applying Counsel
Sanger Law PC
I I l7 SE 53'd Avenue
Portland, OR 97215
Tel: [phone]
Fax: [phone]
[e-mail]
Counsel for Renewable Energt Coqlition
IN THE MATTER OF IDAHO POWER
COMPANY'S PETITION TO MODIFY
TERMS AND CONDITIONS OF
PROSPECTIVE PURPA ENERGY SALES
AGREEMENTS
BEFORE THE IDAHO PUBLIC UTILITES COMMISSION
REC RESPONSE TO THE JOINT PETITION AND CROSS PETITION
FOR CLARIFICATION
Case No.IPC-E-15-01
RENEWABLE ENERGY
COALITION'S RESPONSE TO THE
JOINT PETITION AND CROSS
PETITION FOR CLARIFICATION
OF CLEARWATER PAPER AND
SIMPLOT
Pursuant to Rule 331 of the Idaho Public Utilities Commission's (the
"Commission") Rules of Practice and Procedure and the Commission's Order No. 33253,
the Renewable Energy Coalition ("REC") files this response to the Joint Petition and
Cross Petition to Clariff of Clearwater Paper Corporation and J.R. Simplot Company
("Clearwater/Simplot"). REC supports ClearwaterlSimplot's request that the
Commission clariff that its order adopting interim relief should not apply to baseload
Page I
quali$ing facilities ("QFs"), and should only apply to new intermittent wind and solar
projects above the rate eligibility cap. In support of this response, REC states as follows:
On January 30,2015,Idaho Power Company ("Idaho Power") filed its application
seeking to reduce the contract term for new QFs above the rate eligibility cap. In Order
No.33222, the Commission adopted interim relief that reduced the maximum term for all
new QF contracts to five years. In response to a Petition to Clarifu of the Intermountain
Energy Partners and the Cross Petition of REC, the Commission clarified and revised
Order No.33222. Specifically, in Order No. 33523, the Commission clarified that the
five-year term limit does "not apply to new PURPA contracts eligible for published
rates."
Clearwater/Simplot have also requested that the Commission clarifr that Order
No.33222 should state that the "the maximum contract term for Idaho Power' new
PURPA intermittent (wind and solar powered) contracts shall be five years . . . ."
Clearwater/Simplot point out that the alleged problems identified by Idaho Power are
entirely attributable to wind and solar QFs above the rate eligibility cap.
Clearwater/Simplot also explain that the Commission's interim relief should not apply to
baseload QFs because Idaho Power has not claimed these projects are causing any
problems.
REC is not taking a position at this time in regarding the merits of Idaho Power's
claims that new intermittent wind and solar QFs are causing major problems, but REC
agrees that Idaho Power has raised serious issues and concerns that warrant further
investigation. REC also does not oppose the Commission's adoption of interim relief,
REC RESPONSE TO THE JOINT PETITION AND CROSS PETITION
FOR CLARIFICATION Page2
and recommends that any relief be narowly tailored to address the specific problems that
Idaho Power claims it is experiencing.
Idaho Power has not submitted sufficient evidence that any baseload QFs are
contributing to its potential problems associated with the acquisition of large amounts of
unneeded variable wind and solar generation. Baseload QFs have long been a valuable,
but small, part of Idaho Power's resource portfolio, and they will continue to provide
reliable and consistent energy and capacity. Therefore, the Commission should limit any
interim relief to only new intermittent wind and solar QFs above the rate eligibility cap.
WHEREFORE, REC respectfully requests that the Commission grant the
Clearwater/Simplot Joint Petition and Cross Petition for Clarification limiting the interim
relief that shortened the maximum contract term to five years so that it only applies to
proposed intermittent wind and solar QF projects that exceed the published rate eligibility
cap.
Dated this 19ft day of March, 2015.
Respectfully submitted,
Williams Bradbury, P.C.
Attorneys for REC
REC RESPONSE TO THE JOINT PETITION AND CROSS PETITION
FOR CLARIFICATION Page 3
CERTIFICATE OF DELIVERY
I HEREBY CERTIFY that on this I I day of March,20l5,I caused to be served a
true and correct copy of the foregoing document upon the following individuals in the manner
indicated below:
Donovan E. Walker
Idaho Power Company
l22l West Idaho Street
PO Box 70
Boise,ID 83707
E-Mail: [e-mail]
Peter J. Richardson
Gregory M. Adams
Richardson Adams, PLLC
PO Box 7218
Boise,ID 83702
E-Mail: [e-mail]
greg@richardsonadams. com
Attorneys for J.R. Simplot Company
Dr. Don Reading
6070 Hill Road
Boise,ID 83703
E-Mail: [e-mail]
J.R. Simplot Company
Benjamin J. Otto
Idaho Conservation League
710 N. 6ft Street
Boise,ID 83702
E-Mail: [e-mail]
Dean J. Miller
McDevitt & Miller LLP
420 West Bannock Street
PO Box 2564 -83701
Boise,ID 83702
E-Mail: [e-mail]
Attorneys for Intermountain Energy Partners, LLC
Leif Elgethun, PE, LEED AP
Intermountain Energy Partners, LLC
PO Box 7354
Boise, ID 83707
E-Mail: [e-mail]
Kelsey Jae Nunez
Snake River Alliance
223 N. 66 Street, Suite 317
PO Box 1731
Boise,ID 83701
E-Mail [e-mail]
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Daniel E. Solander
Sr. Counsel
Rocky Mountain Power
201 South Main Street, Suite 2400
Salt Lake City, UT 84111
E-Mail: daniel.solander@pacifi corp.com
Ted Weston
ID Regulatory Affairs Manager
Rocky Mountain Power
201 South Main Sffeet, Suite 2300
Salt Lake Ciry, UT 841l1
E-Mail: ted.weston@pacifi corp.com
Data Requests: [e-mail]
C. Tom Arkoosh
Arkoosh Law Offices
802 W. Bannock Street, Suite 900
PO Box 2900
Boise, ID 83701
E-Mail: [e-mail]
Attorneys for Twin Falls Canal Company, North
Side Canal Company and American Falls Reservoir
District No. 2
John Lowe
Renewable Energy Coalition
12050 S.W. Tremont Court
Portland, OR 97225
E-Mail: [e-mail]
Irion Sanger
Sanger Law, P.C.
1117 SW 53'd Avenue
Portland, OR 97215
E-Mail: [e-mail]
Co-Counsel for Renewable Energy Coalition
Scott Dale Blickenstaff
l95l S. Saturn Way, Suite 100
Boise,ID 83702
E-Mail: [e-mail]
Attorney for Amalgamated Sugar Company LLC
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Ronald L. Williams