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EL18-038 - In the Matter of the Complaint of Energy of Utah, LLC and Fall River Solar, LLC Against Black Hills Power Inc. dba Black Hills Energy for Determination of Avoided Cost
Date Filed: 09/14/18 ♦ Intervention Date: 10/05/18 ♦
Answer Deadline:10/15/18 10/04/18 ♦ Date of Notice of Filing: 09/20/18 ♦
Docket Closed:09/21/20
Answer Deadline:
Docket Closed:09/21/20
Agendas:
January 8, 2019, Agenda of Commission Meeting
June 11, 2019, Agenda of Commission Meeting
October 15, 2019, Agenda of Commission Meeting
March 31, 2020, Agenda of Commission Meeting
April 14, 2020, Agenda of Commission Meeting
May 12, 2020, Agenda of Commission Meeting
August 18, 2020, Agenda of Commission Meeting
Minutes:
Minutes of January 8, 2019, Commission Meeting
Minutes of June 11, 2019, Commission Meeting
Contact Precision Reporting to order a written transcript
Minutes of October 15, 2019, Commission Meeting
Minutes of March 31, 2020, Commission Meeting
Minutes of April 14, 2020, Commission Meeting
Minutes of May 12, 2020, Commission Meeting
Minutes of August 18, 2020, Commission Meeting
Pre-filed Testimonies and Exhibits
Click For Comments and Responses
Orders:- 12/20/18 - Order For and Notice of Motion Hearing on Less Than 10 Days' Notice
- 01/09/19 - Order Directing Parties to Develop Procedural Schedule
- 05/31/19 - Order For and Notice of Motion Hearing on Less Than 10 Days' Notice
- 06/17/19 - Order Granting Motion for Order Compelling Responses to Discovery Requests
- 06/26/19 - Stipulated Protective Order
- 09/30/19 - Order for and Notice of Motion Hearing
- 10/18/19 - Order Granting in Part and Denying in Part Motion to Quash and Protect Order
- 03/09/20 - Order For and Notice of Evidentiary Hearing
- 04/01/20 - Order Granting Stipulation and Joint Motion For Continuance of Procedural Schedule
- 05/13/20 - Order Granting Motion to Continue Administrative Hearing and Scheduling Order
- 06/19/20 - Order For and Notice of Motion Hearing
- 06/29/20 - Order Approving Stipulation and Cancelling Motion Hearing
- 07/15/20 - Order Approving Stipulation and Cancelling Motion Hearing and Administrative Hearing
- 08/19/20 - Order Approving Settlement Stipulation
- 09/21/20 - Order of Dismissal
- 09/14/18 - Energy of Utah, LLC and Fall River Solar, LLC's Complaint Against Black Hills Power Inc. dba Black Hills Energy for Determination of Avoided Cost and Certificate of Service
- 10/04/18 - Black Hills Power Inc. dba Black Hills Energy's Letter regarding Answer to Complaint
- 12/19/18 - Staff's Motion for Procedural Schedule
- 01/03/19 - Black Hills Power Inc. dba Black Hills Energy's Response to Staff's Motion for Procedural Schedule and Certificate of Service
- Exhibit 1 - Black Hills Power Inc. dba Black Hills Energy's Email to Fall River Solar, LLC
- Exhibit 2 - Black Hills Power Inc. dba Black Hills Energy's Letter to PUC Staff and Fall River Solar, LLC
- Exhibit 3 - Black Hills Power Inc. dba Black Hills Energy's Email to PUC Staff and Fall River Solar, LLC
- Exhibit 4 - Respondent Black Hills Power Inc. dba Black Hills Energy's Proposed Procedural Schedule
- Exhibit 5 - Fall River Solar, LLC's Email to Black Hills Power Inc. dba Black Hills Energy
- 01/03/19 - Fall River Solar's Response to Staff's Scheduling Motion and Certificate of Service
- 01/10/19 - PUC Staff's Letter regarding Procedural Schedule
- 03/22/19 - Energy of Utah, LLC and Fall River Solar, LLC
- Direct Testimony of Mark Klein
- Direct Testimony of Ros Vrba
- Exhibit A - Memorandum of Lease and Easement for a Solar Energy Project
- Exhibit B - Request for Indicative Price for Fall River Solar LLC, South Dakota Qualifying Facility 80 MW Name Plate AC
- Exhibit C - Non-Disclosure Agreement
- Exhibit D - Energy of Utah, LLC's Letter to Black Hills Corporation Dated May 18, 2018
- Exhibit E - Email Correspondence
- Exhibit F - Energy of Utah, LLC's Letter to Black Hills Corporation Dated June 7, 2018
- Exhibit G - Solar Energy Purchase Agreement Between Black Hills Power, Inc. dba Black Hills Energy and Fall River Solar LLC
- Exhibit H - Model Solar Energy Purchase Agreement
- Exhibit I - Energy of Utah, LLC's Letter to Black Hills Corporation Dated August 14, 2018
- Exhibit J - Email Correspondence
- Exhibit K - Energy of Utah, LLC's Letter to Black Hills Corporation Dated September 6, 2018
- Exhibit L - Email Correspondence
- Exhibit M - Black Hills Energy's Letter to Energy of Utah, LLC and PUC Staff
- 03/26/19 - Black Hills Power Inc. dba Black Hills Energy's First Set of Data Requests to Energy of Utah, LLC Certificate of Service
- 03/27/19 - Fall River Solar's Discovery Requests (First Set) Certificate of Service
- 04/09/19 - Stipulation for Procedural Schedule
- 04/24/19 - Black Hills Power Inc. dba Black Hills Energy's Responses to Fall River's First Set of Data Requests Certificate of Service
- 04/25/19 - Amended Stipulation for Procedural Schedule
- 05/07/19 - Black Hills Power Inc. dba Black Hills Energy's Direct Testimonies and Exhibits
- James McMahon's Direct Testimony
- Kyle D. White's Direct Testimony
- Exhibit KDW-1 - An Illustrative Comparison of the Impact to Black Hills' Retail Customers Based Upon the Methodology and Avoided Cost Price Proposed by Fall River and the Price Calculated by Black Hills Over the 20 Year QF Period
- Exhibit KDW-2 - An Illustration of the Downward Direction of Forecast Natural Gas Pricing Since 2015
- Exhibit KDW-3 - An Illustration of the Downward Direction of Forecasted Market Prices for Power Purchases Since 2015
- Exhibit KDW-4 - May 31, 2018 Correspondence from Black Hills to Fall River regarding Its Position on the Appropriate Avoided Cost Determination Methodology
- Exhibit KDW-5(a)-5(g) - Example Correspondence From Prior PPA Negotiations With Energy of Utah in Late Spring - Early Fall 2015
- Certificate of Service
- Amanda M. Thames' Direct Testimony
- Exhibit AMT-1 - A Table of All of the Supply Resources in Black Hills' Portfolio (Whether Utility Owned or Contractual) and Considered as Available Resources Within Black Hills' Avoided Cost Model
- Exhibit AMT-2 - The Load Resource Balance that was Accomplished as Part of the Avoided Cost Modeling Provided in March 2019
- Exhibit AMT-3 - Comparison of Costs of System Dispatch With and Without Fall River's 80 MW QF as an Available Resource, as Provided in March 2019
- Exhibit AMT-4 - Levelized Avoided Cost as Provided in March 2019
- Exhibit AMT-5 - The Load and Resource Balance that was Accomplished as Part of the Avoided Cost Modeling Provided in August 2018
- Exhibit AMT-6 - Comparison of Costs of System Dispatch With and Without Fall River's 80MW QF as an Available Resource, as Provided in August 2018
- Exhibit AMT-7 - Levelized Avoided Cost as Provided in August of 2018
- Exhibit AMT-8 - The Load and Resource Balance that was Accomplished as Part of the Avoided Cost Modeling Provided in April 2018
- Exhibit AMT-9 - Comparison of Costs of System Dispatch With and Without Fall River's 80MW QF as an Available Resource, as Provided in April 2018
- Exhibit AMT-10 - Levelized Avoided Cost as Provided in April 2018
- Certificate of Service
- 05/29/19 - PUC Staff's First Set of Data Requests to Black Hills Power Inc. dba Black Hills Energy Certificate of Service
- 05/30/19 - Fall River Solar's Motion for Order Compelling Responses to Discovery Requests and Certificate of Service
- 06/05/19 - PUC Staff's Response to Motion to Compel Discovery
- 06/06/19 - Black Hills Power Inc. dba Black Hills Energy's Brief in Response to Fall River's Motion for Order Compelling Responses to Discovery Requests and Certificate of Service
- 06/10/19 - Petitioner's Reply to Black Hills' Brief and Certificate of Service
- 06/19/19 - Second Amended Stipulation for Procedural Schedule
- 06/24/19 - PUC Staff's First Set of Data Requests to Energy of Utah, LLC and Fall River Solar, LLC Certificate of Service
- 06/25/19 - Proposed Stipulated Protective Order
- 07/01/19 - Black Hills Power Inc. dba Black Hills Energy's Supplemental Responses to Fall River Solar's First Set of Discovery Requests Certificate of Service
- 08/09/19 - PUC Staff's Pre-filed Testimony and Exhibits
- 08/12/19 - Fall River Solar's Notice of Deposition Pursuant to SDCL 15-6-30(b)(6) and Certificate of Service
- 08/14/19 - Black Hills Power Inc. dba Black Hills Energy's Response and Objections to Fall River's Notice of Deposition Pursuant to SDCL §15-6-30(b)(6) and Certificate of Service
- 09/04/19 - Third Amended Stipulation for Procedural Schedule
- 09/25/19 - Black Hills Power Inc. dba Black Hills Energy's Motion to Quash Portions of Energy of Utah, LLC and Fall River Solar LLC's Notice of Deposition Pursuant to SDCL 15-6-30(b)(6) and for a Protective Order and Certificate of Service
- 10/11/19 - Fall River Solar's Response to Motion to Quash and Certificate of Service
- 11/13/19 - Black Hills Power Inc. dba Black Hills Energy's Notice of Deposition of Ros Vrba and Certificate of Service
- 12/10/19 - Fourth Amended Stipulation for Procedural Schedule
- 01/21/20 - Black Hills Power Inc. dba Black Hills Energy's Responses to Fall River Solar's Second Set of Discovery Requests Certificate of Service
- 01/24/20 - Black Hills Power Inc. dba Black Hills Energy's Second Set of Data Requests to Fall River Solar's Certificate of Service
- 01/30/20 - Black Hills Power Inc. dba Black Hills Energy's Rebuttal Testimony and Exhibits
- 02/13/20 - Black Hills Power Inc. dba Black Hills Energy's Third Set of Discovery Requests to Fall River Solar Certificate of Service
- 02/14/20 - Fall River Solar's Discovery Requests (Third Set) to Black Hills Power Inc. dba Black Hills Energy and Certificate of Service
- 02/28/20 - Black Hills Power Inc. dba Black Hills Energy's Responses to Fall River Solar's Third Set of Discovery Requests Certificate of Service
- 03/16/20 - Black Hills Power Inc. dba Black Hills Energy's Motion for Order Compelling Responses to Discovery Requests and For Extension of Pre-Hearing Motion Deadline
- 04/01/20 - Parties' Stipulation and Joint Motion for Continuance of Procedural Schedule
- 04/30/20 - Black Hills Power Inc. dba Black Hills Power’s Motion to Continue Administrative Hearing and Scheduling Order and Certificate of Service
- 04/30/20 - PUC Staff's Supplemental Testimony and Exhibits
- 05/08/20 - Fall River Solar's Objections and Motions to Strike Certain Testimony and Certificate of Service
- 06/09/20 - Stipulation for Continuance of Procedural Schedule
- 06/17/20 - Black Hills Power, Inc.’s Response to Fall River Solar's Objections and Motion to Strike Certain Testimony
- 06/17/20 - Black Hills Power, Inc.’s Motion for Partial Summary Judgment
- Black Hills Power, Inc.’s Brief in Support of Motion for Partial Summary Judgment
- Black Hills Power, Inc.’s Statement of Undisputed Material Facts
- Affidavit of Catherine M. Sabers
- Affidavit of Eric Egge Confidential (not available to the public)
- Exhibit 1 - Black Hills Basin Electric Transmission Feasibility Study Confidential (not available to the public)
- 06/29/20 - Stipulation to Reset Argument on Motions
- 07/15/20 - Stipulation to Set Aside Procedural Schedule and Continue Pre-Hearing and Administrative Hearing Dates
- 08/12/20 - Joint Motion for Approval of a Settlement Stipulation
- Settlement Stipulation
- Settlement Stipulation Confidential (not available to the public)
- Settlement Stipulation
- 08/14/20 - Staff Memorandum Supporting Settlement Stipulation
- Staff Memorandum Supporting Settlement Stipulation Confidential (not available to the public)
- 09/11/20 - Stipulation for Dismissal
- 09/21/20 - Docket Closed
