20110907Notice of Appeal.pdf

Peter J. Richardson (lSB No. 3195)
Gregory M. Adams (lSB No: 7454)
Richardson & O'Lear, PLLC
515 N. 27th Street
Boise, Idaho 83702
Telephone: [phone]
Fax: [phone]
peterrmrichardsonandoleary.com
gregrmrichardsonandoleary .com
Attorneys for Grouse Creek Wind Park, LLC
and Grouse Creek Wind Park II, LLC
BEFORE THE IDAHO
PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE
APPLICATION OF IDAHO POWER
COMPANY FOR A DETERMINATION
REGARING THE FIRM ENERGY
SALES AGREEMENT FOR THE SALE
AND PURCHASE OF ELECTRIC
ENERGY BETWEEN IDAHO POWER
COMPANY AND GROUSE CREEK
WIND PAR, LLC
IN THE MATTER OF THE
APPLICATION OF IDAHO POWER
COMPAN FOR A DETERMINATION
REGARING THE FIRM ENERGY
SALES AGREEMENT FOR THE SALE
AND PURCHASE OF ELECTRIC
ENERGY BETWEEN IDAHO POWER
COMPANY AND GROUSE CREEK
WIND PARK II, LLC
) CASE NO. IPC-E-IO-61
)
) NOTICE OF APPEAL
)
)
)
)
)
) CASE NO. IPC-E-IO-62
)
) NOTICE OF APPEAL
)
)
)
)
)
R..ECi:i,.j 1...1
2011 SEP - 7 AM 10: 48
IDAHO
UTILITIES
TO: THE IDAHO PUBLIC UTILITIES COMMISSION, THE PARTIES IN THIS
MATTER AND THIE RESPECTIVE COUNSEL OF RECORD
NOTICE IS HEREBY GIVEN THAT:
NOTICE OF APPEAL - 1
1. The Appellants, Grouse Creek Wind Park, LLC and Grouse Creek Wind Park II~
LLC, appeal to the Idaho Supreme Cour from the Idaho Public Utilties Commission's
("Commission's") Final Order No. 32257, and Final Reconsideration Order No. 32299.
2. Appellants have a right to appeal to the Idaho Supreme Cour pursuat to I.C. §
61-627, and the orders described in paragrph 1 above are appealable orders pursuat to I.C. §
61-627 and I.A.R. II(e).
3. Appellants presently intend to assert the following issues on appeal, although
Appellants reserve the right to modify and develop these issues as appropriate and/or assert other
issues on appeal as appropriate:
a) Whether the Commission's Orders are arbitrar and capricious and in
violation of controllng federal law, the Public Utilty Regulatory Policies Act
of 1978 ("PURPA") and the Federal Energy Regulatory Commission's
regulations, because the Commission's Orders held that a qualifying facility
("QF") must obtain a bilaterally executed contract with a purchasing utility, in
determining when Appellants created a legally enforceable obligation for
puroses of calculating avoided cost rates;
b) Whether the Commission's "bright line rule," established in the Orders, that a
firm energy sales agreement ("FE SA") is not enforceable until it is executed
by both paries is in violation of Idaho case law regarding contract formation;
c) Whether the Commission's Orders are arbitrar and capricious, or otherwse
not in accordance with law, because the Commission failed to apply or
distinguish its own prior precedent regarding grandfathered entitlement to pre-
existing avoided cost rates to the Appellants' FESAs; and
d) Whether the Commission's "bright line rule," established in the Orders, is in
violation of the rulemaking requirements of the Idaho Administrative
Procedures Act and is therefore void.
4. No order has been entered sealing any portion of the record.
NOTICE OF APPEAL - 2
5. Appellants are aware of no proceedings in these two cases (lPC- E-1O-61 and IPC-
E-I0-62) where a reporter was present because the two cases were processed by modified
procedure pursuant to Commission Rule of Procedure 201 et seq.
6. Appellants request preparation of a standard agency record on appeal pursuant to
I.A.R.28. Appellants also request that the following documents be included in the agency's
record pursuat to I.A.R. 28(c):
Date Description
4/25/11 The Commission's Approved Decision Meeting Minutes of the April 25, 2011
Decision Meeting
11/8/10 Complaint of Grouse Creek Wind Park LLC, Case No. IPC-E-I0-29
11/8/10 Complaint of Grouse Creek Wind Park II LLC, Case No. IPC-E-I0-30
11/8/10 to All documents in the Commission's fies relating to stay of proceedings in Case
present date No. IPC-E-1O-29
11/8/10 to All documents in the Commission's fies relating to stay of proceedings in Case
present date No. IPC-E-I0-30
Various All Orders and Notices in Commission Case No. GNR-E-1O-04
11/8/10 Joint Petition of Utilities in Commission Case No. GNR-E-I0-04
11/8/10 Answer of Northwest and Intermountain Power Producers Coalition in
Commission Case No. GNR-E-1O-04
12/22/10 Comments of Northwest and Intermountain Power Producers Coalition in
Commission Case No. GNR-E-I0-04
1/20/11 Reply Comments of Northwest and Intermountain Power Producers Coalition in
Commission Case No. GNR-E-IO-04
1/21/11 Motion to Strke of Northwest and Intermountain Power Producers Coalition in
Commission Case No. GNR-E-1O-04
2/28/11 Petition for Reconsideration of Northwest and Intermountain Power Producers
Coalition in Commission Case No. GNR-E-I0-04
Various All Orders and Notices in Commission Case No. GNR-E-II-0l
3/17/11 Rocky Mountain Power Motions for Clarification and Protective Order in
Commission Case No. GNR-E-II-01
3/18/11 Answer of Northwest and Intermountain Power Producers Coalition in
Commission Case No. GNR-E-II-0l
4/14/11 Motion to Strike of Northwest and Intermountain Power Producers Coalition in
Commission Case No. GNR-E-II-Ol
4/22/11 Reading Rebuttal Testimony of Nortwest and Intermountain Power Producers
Coalition in Commission Case No. GNR-E-II-0l
NOTICE OF APPEAL - 3
7. I certify:
a) That there is no transcript fee and no reporter on whom to serve this notice
because Appellant is aware of no transcript available from these matters.
b) That the estimated fee for preparation of the clerk's record has been paid.
c) That the appellate filing fee of $86.00 has been paid to the Secretar of the
Commission.
d) That service has been made upon all paries required to be served pursuat
to I.A.R. 20, and the Attorney General ofIdaho pursuat to I.C. § 67-
1401(1).
tt
DATED THIS ê day of September 2011.
RICHASON AND O'LEARY, PLLC
By &L
r J .chardson (lSB No: 3195)
Gregory M. Adams (ISB No: 7454)
Attorneys for Grouse Creek Wind Park,
LLC and Grouse Creek Wind Park II, LLC
NOTICE OF APPEAL - 4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the _ day of September 2011, a tre and correct copy
of the within and foregoing NOTICE OF APPEAL was served in the maner shown to:
Jean Jewell
Commission Secretary
IDAHO PUBLIC UTILITIES COMMISSION
472 W Washington
Boise ID 83702
-- Hand Delivery
_U.S. Mail, postage pre-paid
Facsimile
Electronic Mail
Kristine Sasser
IDAHO PUBLIC UTILITIES COMMISSION
472 W Washington
Boise ID 83702
-- Hand Delivery
_U.S. Mail, postage pre-paid
Facsimile
Electronic Mail
Donovan E. Walker
Lisa Nordstrom
Randy Allphin
IDAHO POWER COMPANY
PO Box 70
Boise ID 83707-0070
_ Hand Delivery
lLU.S. Mail, postage pre-paid
Facsimile
Electronic Mail
~
,.
NOTICE OF APPEAL - 5