20210513Motion for Extension of Time.pdf

Gregory M. Adams (ISB No. 7454)
Peter J. Richardson (ISB No. 3195)
Richardson Adams, PLLC
515 N. 27ft Street
Boise,Idaho 83702
Telephone: [phone]
Fax: [phone]
greg@richardsonadams. com
peter@ichardsonadams. com
Attomeys for Fall River Rural Electric Cooperative, [nc.
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
PACIFICORP FOR APPROVAL OR
REJECTION OF THE PURCHASE POWER
AGREEMENT WITH CHESTER DIVERSION
HYDRO PROJECT
CASE NO. PAC-E.21.06
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FALL RIVER RURAL ELECTRIC
COOPERATIVE, INC.'S MOTION
FOR EXTENSION OF TIME
Pursuant to the Idaho Public Utilities Commission ("Commission") Rule of Procedure
256 (IDAPA 31.01.01 .256), Fall River Rural Electric Cooperative, Inc. ("Fall River")
respectfully requests that the due date for reply comments applicable to PacifiCorp and Fall
River be extended seven days. Because the due date for reply comments is currently May 18,
2021, Fall River requests that the Commission grant expeditious procedural relief on or before
May 18, 2021, which is less than 14 days after the date of this motion.
Fall River is the counterparty to PacifiCorp in the power purchase agreement ("PPA")
submitted for approval by the Commission in this proceeding, and Fall River was granted
intervenor status in this proceeding. Staff filed comments on May 4,2021, in which Staff
recommended three changes to the PPA.
MOTION FOR EXTENSION OF TIME OF FALL RIVER RURAL ELECTRIC
COOPERATIVE, INC.
PAC-E-21-06
PAGE 1
The Commission's Order No. 34976 established a l4-day period with a due date of May
18,2021, for filing of reply comments in response to Staffs comments. Fall River intends to file
reply comments.
However, despite diligent efforts in this matter, Fall River expects to require an
additional week to ensure its comments adequately address the issues raised in Staffs comments
and provide a complete record for the Commission's consideration of such issues. One of the
issues in particular raised by Staff- the correct vintage of avoided cost rates applicable to the
PPA - implicates complicated issues of law and fact related to the negotiations of the PPA. Fall
River initially requested the PPA for the Chester Diversion Project in September 2019, and there
are numerous corlmunications and materials to review and potentially present in response to the
issue raised by Staff regarding the vintage of rates that should apply. Additionally, despite
efforts to do so, counsel for Fall River has been unable to yet discuss the matters related to any of
Staffs proposed changes to the PPA with PacifiCorp to ascertain its position on Staffls
proposals, which may impact the position taken by Fall River. Thus, to adequately address the
issues presented by Staff s comments, Fall River respectfully requests an additional week. No
party will be prejudiced by the extension, and the interests ofjustice support such extension.
Consistent with Rule 256.02(b), counsel for Fall River contacted counsel for Staff and
PacifiCorp regarding this request for expedited relief. PacifiCorp stated it does not oppose the
extension so long as the extension also applies to the due date for PacifiCorp's reply comments.
Staffstated it takes no position. The facts set forth above establish good cause for issuing the
requested procedural reliefon an expedited basis.
MOTION FOR EXTENSION OF TIME OF FALL RTVER RURAL ELECTRIC
COOPERATME,INC.
PAC-E-21-06
PAGE 2
For the reasons set forth above, Fall River respectfully requests a seve,n-day extension to
the due date for reply comments in this proceeding, which would make reply comments due on
ll,lay 25,2021.
DATED: May 13, 2021.
RICHARDSON ADAMS, PLLC
By lsl Gregory M. Adams
Gregory M. Adams (ISB No. 7454)
Richardson Adams, PLLC
515 N. 27ft Sheet
Boise,Idatro 83702
Telephone: [phone]
Fa:r: [phone]
[e-mail]
MOTION FOR EXTENSION OF TIME OF FALL RIVER RURAL ELECTRIC
COOPERATryE,INC.
PAC-E-21-06
PAGE 3
CERTIF'ICATE OF SERVICE
I HEREBY CERTIFY that on this l3th day of May,202l,I delivered true and correct
copies of the foregoing Motion for Extension of Time to the following parties via electronic
mail:
Jan Noriyuki
Commission Sec:retary
Idatro Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074
j an.noriyuki@puc. idatro. gov
Dayn Hardie
Deputy Attorney General
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074
[e-mail]. gov
Ted Weston
Idaho Regulatory Affairs Manager
Rocky Mountain Power
1407 West North Ternple, Suite 330
salt Lake city, uT 841l6
ted.weston@pacifi corp. com
IdatroDockets@pacifi corp. com
Emily Wegener
Counsel
Rocky Mountain Power
1407 West North Temple, Suite 320
Salt Lake City, UT 84116
ernily. wegen a @pacificorp. com
Dated: May 13,2021
lsl Gregory M. Adams
Gregory M. Adams (ISB No. 7454)
MOTION FOR EXTENSION OF TIME OF FALL RTVER RURAL ELECTRIC
COOPERATIVE, INC.
PAC-E-21-06
PAGE 4