20180817Cross Petition for Reconsideration.pdf

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MARK A. Ecrlo Hewr
Er.tc L. Or-suN
JoSEPH T. PnrsroN
PATRICK J, DAvIs
A'rroRNEYS
505 PERSHTNG AvE.. S'rE. l0t)
PO BOX (rl 19
PocATELLo, lD 83205-61 l9
208.478.1624
208.478-1670 rAx
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August 17,2018
VIA PERSONAL DELIYERY
Diane Hanian, Commission Secretary
Idaho Public Utilities Commission
472W. Washington
Boise, Idaho 83720-0074
[e-mail]
Re:
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CASE No. PAC-E-17-07 :: -l
IN THE MATTER OT THE APPLICATION OF ROCKY MOUNTAIN " ;
POWER FOR A CERTIFICATE OT PIIBLIC CONVE TTENCE AI\ID ;
NECESSITY AND BINDING RATEMAKING TREATMENT FOR,NEW
wlhtD AI{D TRANsMIssroN ['ACrLrrIEs ]
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Dear Ms. Hanian:
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Enclosures
Enclosed you will find the original and seven (7) copies of the following:
Idaho lrrigation Pumpers Association, Inc.'s Answer to Petition for
Reconsideration and Joinder of Monsanto's Cross Petition for Reconsideration.
Electronic copies will have been served per the Certificate of Service.
If you have any questions, please don't hesitate to call. Thank you.
Sincerely,
Eric L. Olsen
H:\WDO)OCLIENTS\I 343\001 5\00077 I 30.DOCX
Eric L. Olsen (ISB# 4811)
ECHO HAWK & OLSEN, PLLC
505 Pershing Ave., Ste. 100
P.O. Box 6l 19
Pocatello, Idaho 83205
Telephone: Q08) 47 8-l 624
Facsimile: Q08) 47 8-167 0
Email: elo(r?echohawk.com
Attorney for Intervenor ldaho lrrigation Pumpers Association, Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
RECEIVED
Zfll8 Atj0 l7 Pt{ lr: 3 |
, i-:! rl
i, i.*issior",t
IN THE MATTER OT TIIE APPLICATION
OX'ROCKY MOT]NTAIN POWER X'OR A
CERTIFICATE OF PUBLIC
COI\WENIENCE AI\D NECESSITY AND
BINDING RATEMAKING TREATMENT
FOR NEW WIND AND TRANSIVISSION
FACILITIES
CASE NO. PAC-E-17.07
IDAHO IRRIGATION PUMPERS
ANSWER TO PETITION FOR
RECONSIDERATION AND
JOINDER OT' MONSAI\TTO'S CROSS
PETITION FOR
RECONSIDERATION
COMES NOW the ldaho lrrigation Pumpers Association, lnc. (*IIPA'), by and through
counsel of record, Echo Hawk & Olsen, PLLC, andherebyprovides its answerto Rocky Mountain
Power's ('RMP') Petition for Clarification or, in the Alternative, Reconsideration of Order No.
34104 (hereinafter the "Petition"). The IIPA also hereby joins in Monsanto Company's
("Monsanto") Cross Petition for Reconsideration (hereinafter the "Cross Petition").
1. RMP's Petition is Feigued and should Be Rejected.
The Commission in Order 34104 has correctly described the Intervenors' objections and
evidence presented in opposition to RMP's CPCN request. The Commission found that RMP's
justification for its CPCN request is "economic in nature, as opposed to purely reliable and safe
service." Order 34104 at 13. For this reason, the Commission imposed an "overall cost cap"
equal to RMP's project estimate to shift aportion of the risk of this extraordinary, economic
decision away from the customers and place it squarely on to RMP.
IIPA'g ANSWER IN OPPOTIONS TO R.IUP'S PETITION ANI)
JOINDER IN MONSAIITO'S CROSS PETITION - Page I
The Commission's "overall cost cap" appropriately changes the normal regulatory
compact that usually governs the relationship between RMP and its customers. If RMP's
Petition is granted and RMP can come back in seek reimbursement for costs over the project
estimate, then the "overall cost cap" means nothing, is mere facade and does not shift any
modeling risk away from the customers and on to RMP. This cannot be what the Commission
meant, and it certainly was not what the Intervenors and Staffintended when this issue was
discussed during this action and presented to the Commission for decision. As such, RMP's
Petition should be denied, and if the Commission thinks clarification is necessary, then it should
inform RMP that the customer protection order is an "overall hard cost cap."
2. IIPA Supports Monsanto's Cross Petition for Reconsideration.
The IIPA reiterates its position that RMP's request for a CPCN for new wind and new
transmission in the case be denied, based on the information and testimony already presented in
record. The new wind and transmission projects are speculative, and the risks associated with
these projects do now outweigh the alleged benefits. As such, IIPA hereby joins with
Monsanto's Cross Petition filed in this case.
CONCLUSION
For the above reasons, the IIPA asks that the Commission grant Monsanto's Cross
Petition and deny RMP's Petition. tn the event that Monsanto's Cross Petition is unsuccessful,
then the Commission should deny RMP's Petition and should emphasize that the'bverall cost
cap" was meant to be "hard" such that RMP could not seek costs over the project estimate.
Otherwise the cost cap is nothing more than fluffand provides no real protections to the
customers from the risks associated with RMP's CPCN request.
IIPA'g ANSWER IN OPPOTIONS TO RIUP'S PETITION AIYD
JOINDER IN MONSANTO'S CROSS PETITION-Page 2
DATED this 17ft day of August,2018.
By:
UPA'g ANSWER IN OPPOTIONS TO RJIIP'S PETITION AND
JOINDER IN MONSANTO'S CROSS PETITION - Page 3
ECHO HAWK & OLSEN, PLLC
ERIC L. OLSEN Attorney for
Idaho lrrigation Pumpers Association, Inc.
CERTIFICATE OF SERVICE
I HEREBY CERTIFIY that on this 17th day of August 2018, I served a true, correct and
complete copy of Idaho Irrigation Pumpers Association, Inc. to each of the following, via U.S.
Mail or private courier, email or hand delivery, as indicated below:
Diane M. Hanian, Secretary
Idatro Public Utilities Commission
P.O. Box 83720
472 W . Washington Street
Boise,lD 83720-0074
diane.holt@puc. idaho. gov
Data Request Response Center - PacifiCorp
82 NE Multnomah, Suite 200
Portland, OR 97232
Email: [e-mail]
Ted Weston
Idaho Regulatory Affairs Manager
Rocky Mountain Power
1407 WestNorth Temple, Suite 330
Salt Lake City, Utah 84116
Email: ted. weston(g)paci fi corp.com
Yvonne R. Hogle
Assistant General Counsel
Rocky MountainPower
1407 West North Temple, Suite 320
Salt Lake City, Utah 84116
Email: [e-mail]
Brandon Karpen
Deputy Attorney General
Idaho Public Utilities Commission
P.O. Box 83720
472W. Washington Street (83702)
Boise,lD 83720-0074
brandon. karpen@puc. idaho. gov
Ronald L. Williarns
Williams Bradbury, P.C.
P.O. Box 388
Boise,ID 83701
Email : ron(r)wi I I izunsbradbury.com
IIPA's ANSWER IN OPPOTIONS TO RMP'S PETITION AND
JOINDER IN MONSANTO'S CROSS PETITION - Prgc {
U.S. Mail
Hand Delivered
Overnight Mail
Telecopy (Fax)
Electronic Mail (Email)
U.S. Mail
Hand Delivered
Overnight Mail
Telecopy (Fax)
Electronic Mail (Email)
U.S. Mail
Hand Delivered
Ovemight Mail
Telecopy (Fax)
Electronic Mail (Email)
U.S. Mail
Hand Delivered
Overnight Mail
Telecopy (Fax)
Electronic Mail @mail)
U.S. Mail
Hand Delivered
Overnight Mail
Telecopy (Fax)
Elechonic Mail (Email)
U.S. Mail
Hand Delivered
Ovemight Mail
Telecopy (Fax)
Electronic Mail (Email)
Jim Duke
Idahoan Foods
Email: [e-mail]
Kyle Wiltiams
BYU Idalrc
Email: [e-mail]
Val Steiner
Nu-West lndushies, Inc.
Email: [e-mail]
Bradley Mullins
333 SW Taylor, Suite 400
Portland, OR 97204
E-mail: brmull [e-mail]
Randall C. Budge
Racine, Olson, Nye & Budge, Chartered
P.O. Box l39l;201E. Center
Pocatello, ID 83204-1391
Email: [e-mail]
Brubaker & Associates
16690 Swingley Ridge Rd., #140
Chesterfield, MO 63017
Email: bcollins@)consultbai.com
kiverson@consul tbai.com
[PA's ANSWER IN OPPOTIONS TO R.UIP'S PETITION AND
JOIITIDER IN MONSANTO'S CROSS PETITION - Page 5
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U.S. Mail
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Anthony Yankel
WAU Lake Avenue, Unit 2505
Lakewood, OH44l07
E-Mail : [e-mail]
U.S. Mail
Hand Delivered
Overnight Mail
Telecopy (Fax)
Electronic Mail (Email)
ERIC L. OLSEN
IIPA'g ANSWER IN OPPOTIONS TO RMP'S PETITION ANI)
JOIFIDER IN IYTONSANTO'S CROSS PETITION - Pege 6
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