20111006Idaho Power Company's Petition to Intervene.pdf

DONOVAN E. WALKER (ISB No. 5921)
Idaho Power Company
1221 West Idaho Street (83702)
P.O. Box 70
Boise, Idaho 83707
Telephone: [phone]
Facsimile: [phone]
dwalkerCiidahopower.com
Attorney for Respondent Idaho Power Company
R E r" r: !: r'i::. \,:.' l",,, "',..,. ..-
zot' OCT -6 P~1 4: 44
Su f-Ë-l l~O~
IN THE SUPREME COURT OF THE STATE OF IDAHO
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 )
WIN PARK,LLC (10-61) AND GROUSE )
CREEK WIND PARK II, LLC (10-62) )
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GROUSE CREEK WIND PARK, LLC, and
GROUSE CREEK WIND PAR II, LLC,
Petitioners-Appellants,
v.
PUBLIC UTILITIES COMMISSION,
Respondent-Respondents on Appeal,
and
IDAHO POWER COMPANY,
Respondent.
Supreme Cour Docket No. 39151-2011
Idaho Public Utilities Commission Nos.
IPC-E-1O-61 and IPC-E-1O-62
IDAHO POWER COMPANY'S
PETITION TO INTERVENE AS A
PARTY TO THE APPEAL
IDAHO POWER COMPAN'S PETITION TO INERVENE AS A PARTY TO THE APPEAL - 1
Respondent, Idaho Power Company ("Idaho Power"), by and through its counsel of
record, Donovan E. Walker, and pursuant to I.A.R. 7.1, hereby petitions the Supreme Court of
Idaho for leave to interene as a pary to the above-referenced appeal, and that Idaho Power be
designated a part to this appeal and proceedings for all puroses under the Idaho Appellate
Rules.
I.A.R. 6 states, "In an appeal from a decision or order of the Idaho Public Utilities
commission fied by an intervenor in the original proceedings, the petitioner or applicant in the
origial proceedings shall be made a pary to the appeal, and designated as a "respondent'." In
addition, I.A.R. 7.1 provides that:
Any peron or entity who is a real party in interest to an appeal Qr
proceeding govered by these rules or whose interest would be
affected by the outcome of an appeal or proceeding under these
rules ¡may file a verified petition with the Supreme Cour asking for
leave'to interene as a par to the appeal or proceeding. . . .
,
Petitioners-Appellants in the proceeding have filed a Notice of Appeal from the Idaho
Public Utilities Commission's ("IPUC") Final Order No. 32257 and Final Reconsideration Order
No. 32299 in the above-captioned cases. Idaho Power is the applicant for both of these cases in
the original proceedings before the IPUC. Each of these cases at the IPUC was initiated by
applications filed by Idaho Power asking the IPUC to review and either approve or reject power
sales agreements between Idaho Power and the Appellants. In its final orders, the IPUC did not
approve the contracts, and thus by the contracts' ters, they did not become effective.
Idaho Power is a pary to each of the contracts that are the subject matter of the original
proceedings, as well as of this appeaL. Idaho Power is the original applicat for each of these
matters in the original proceedings. Idaho Power is a real pary in interest to this appeaL. Idaho
Power's interests wil be affected by the outcome of ths appeaL. Consequently, Idaho Power
IDAHO POWER COMPAN'S PETITION TO INERVENE AS A PARTY TO THE APPEAL - 2
respectfully requests that it either be named and designated as a Respondent on Appeal pursuat
to I.A.R. 6 or that it be granted leave to intervene as a par on appeal and designated as a
Respondent on Appeal pursuant to I.A.R. 7.1.
Respecfuly submtted ths 6" daYOfOcr~ y vr~
DONOVAN E. WALKER
Attorney for Idaho Power Company
VERIFICATION
STATE OF IDAHO )
) ss.County of ADA )
DONOV AN E. WALKER, being first duly sworn upon oath, deposes and says:
I am the attorney of record for Idaho Power Company. I have read the above and
foregoing Petition, know and understand the contents thereof, and state that the facts set fort
herein are true and correct to the best of my knowledge, information, and belief.
u/ tL.,
OV AN E. WALKER
Attorney for Idaho Power Company
Notar Public for Idaho _
Residing at: fx \ se) .Looro
My commission expires: 02./0Y- 7.0 i5
IDAHO POWER COMPAN'S PETITION TO INERVENE AS A PARTY TO THE APPEAL - 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on ths 6th day of October 201 I sered a tre and correct copy
of IDAHO POWER COMPANY'S PETITON TO INTERVENE AS A PARTY TO THE
APPEAL upon the following named paries by the method indicated below, and addressed to the
following:
Idaho Public Utities Commssion
Jean D. Jewell, Secretar
Idaho Public Utilties Commssion
472 West Washington Street (83702)
P.O. Box 83720
Boise, Idaho 83720-0074
-X Hand Delivered
U.S. Mail
_ Overight Mail
FAX
-X Email jean.jewell(iuc.idaho.gov
Donald H. Howell, II
Krstine A. Sasser
Deputy Attorney Generals
Idaho Public Utilities Commission
472 West Washington (83702)
P.O. Box 83720
Boise, Idaho 83720-0074
-X Hand Delivered
U.S. Mail
_ Overght Mail
FAX
-X Email krs.sasserCipuc.idaho.gov
don.howell(iuc.idaho. gov
Lawrence G. Wasden, Attorney General
Offce of the Attorney General
P.O. Box 83720
Boise, Idaho 83720-0010
Hand Delivered
.- U.S. Mail
_ Overight Mail
FAX
-X Email janet.carerCiag.idaho.gov
Grouse Creek Wind Park, LLC
Grouse Creek Wind Park II, LLC
Peter J. Richardson
Gregory M. Adams
Richardson & O'Leary, PLLC
515 North 27th Street (83702)
P.O. Box 7218
Boise, Idaho 83707
Hand Delivered
.-U.S. Mail
_ Overnght Mail
FAX
-X Email peterCirichardsonandolear.com
gregCirichardsonandolear.com
dJ?(/~
Donovan E. Walker
IDAHO POWER COMPAN'S PETmON TO INERVENE AS A PARTY TO THE APPEAL - 4