20250605Petition to Reconsider_Alter_Or_Amend Order No. 36622.pdf

M.Ah— IQAHO Ro
RECEIVED
DONOVAN WALKER June 05, 2025
Lead Counsel IDAHO PUBLIC
dwalker(a)idaho power.corn UTILITIES COMMISSION
June 5, 2025
VIA ELECTRONIC FILING
Commission Secretary
Idaho Public Utilities Commission
11331 W. Chinden Blvd., Bldg 8,
Suite 201-A (83714)
PO Box 83720
Boise, Idaho 83720-0074
Re: Case No. IPC-E-25-13
Idaho Power Company's Application For Authority to Increase Its Rates for
Electric Service to Recover Costs Associated With the Hells Canyon
Complex Relicensing Project
Dear Commission Secretary:
Attached for electronic filing, please find Idaho Power Company's Petition for the
Commission to Reconsider, Alter, or Amend Order No. 36622 in the above-entitled matter.
If you have any questions about the attached documents, please do not hesitate
to contact me.
Very truly yours,
luz ltJ
Donovan Walker
DW:sg
Attachments
1221 W. Idaho St(83702)
P.O. Box 70
Boise, ID 83707

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]
dwalker(o-)idahopower.com
Attorney for Idaho Power Company
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF IDAHO POWER COMPANY FOR ) CASE NO. IPC-E-25-13
AUTHORITY TO INCREASE ITS RATES )
FOR ELECTRIC SERVICE TO RECOVER ) IDAHO POWER COMPANY'S
COSTS ASSOCIATED WITH THE HELLS ) PETITION FOR THE COMMISSION
CANYON COMPLEX RELICENSING ) TO RECONSIDER, ALTER, OR
PROJECT ) AMEND ORDER NO. 36622
I. INTRODUCTION
Idaho Power Company ("Idaho Power" or "Company") respectfully petitions the
Idaho Public Utilities Commission ("Commission") to reconsider and/or in the alternative
to alter, amend, or rescind its previously issued Order No. 36622 in this proceeding.
Because the directed suspension of effective date and additional public notice could now
potentially cause additional confusion to customers after the previous notices,
implementation of the Power Cost Adjustment ("PCA") and Fixed Cost Adjustment
("FCA") rate changes, as well as the recent filing of the Company's general rate case
IDAHO POWER COMPANY'S PETITION - 1

("GRC") proceeding with its associated press releases and public notice requirements,
the Company respectfully requests that the Commission reconsider or determine to alter,
amend, or rescind its Order No. 36622; consider this record closed; and issue its final
determination and Order on the merits of the record. This petition is based upon Idaho
Code §§ 61-624 and 61-626.
II. PROCEDURAL BACKGROUND
On March 14, 2025, Idaho Power filed an application with the Commission seeking
authority to increase customer rates by $29,708,787, effective June 1, 2025, to recover
incremental Allowance for Funds Used During Construction ("AFUDC") costs associated
with the Hells Canyon Complex ("HCC") hydroelectric facilities relicensing project,
contingent upon the outcome of the annual Power Cost Adjustment ("PCA") update filed
on April 15, 2025. On April 9, 2025, the Commission issued a Notice of Application, Notice
of Intervention Deadline, and Notice of Modified Procedure. Order No. 36355. The
Commission granted intervention to the Industrial Customers of Idaho Power ("ICIP") on
May 14, 2025. Order No. 36600.
Comments were filed by Commission Staff("Staff") and ICIP on May 9, 2025. Staff
recommended approval of the Company's request to increase rates concluding: "Staff
considers the Company's proposal to recover AFUDC costs associated with the HCC
relicensing project reasonable, consistent with regulatory principles, and in the public
interest, and therefore recommends its approval." Staff Comment, p 3. In its review, Staff
confirmed that the current HCC AFUDC recovery in customer rates is significantly less
than the annual accrual, creating an escalation in the total amount that will eventually be
transferred to plant-in-service, and without an increase in AFUDC recovery now,
customers could see a significant increase when the Company receives the new license
IDAHO POWER COMPANY'S PETITION -2

from FERC. Id. Staff was further supportive of the Company's proposal and its timing in
conjunction, and contingent upon, the PCA decrease. Id. "Recovering AFUDC at a time
when customer rates will decrease in the PCA provides an opportunity for the Company
to recover a portion of the AFUDC costs while still providing customers with rate relief.
Allowing the Company to collect additional AFUDC related to the relicensing of HCC at
this time would significantly reduce the overall impact of a future rate filing when the
project is completed and incorporated into rate base." Id.
ICIP filed comments opposing the Company's request. In part, ICIP argued that
the request was not in the public interest and that the Company failed to comply with the
Commission's rules regarding public notice requirements. ICIP Comments, p 1-2.
On May 30, 2025, the Commission issued Order No. 36622 suspending the
Company's requested effective date of June 1, 2025, until August 1, 2025; directing the
Company to issue a new notice to customers regarding the rate request; and extending
the public comment period to July 18, 2025. Order No. 36622, p 7-8. The Commission
specifically noted it made no findings nor reached any conclusions as to the merits of the
Company's Application. Id., at 6.
III. PETITION
The Commission has the clear authority to alter, amend, or rescind any order or
decision it has made at any time.
The commission may at any time, upon notice to the public utility affected,
and after opportunity to be heard as provided in the case of complaints,
rescind, alter or amend any order or decision made by it. Any order
rescinding, altering or amending a prior order or decision shall, when served
upon the public utility affected, have the same effect as is herein provided
for original orders or decisions.
Idaho Code § 61-624.
IDAHO POWER COMPANY'S PETITION - 3

In addition, the Commission may change or modify an original order by granting,
in its discretion, reconsideration. Idaho Code § 61-626. The purpose of reconsideration
is to allow parties to bring any question theretofore determined in the matter to the
attention of the Commission in an orderly fashion allowing the Commission the
opportunity to modify its decision. Idaho Underground Water Users Assn v. Idaho Power
Co., 89 Idaho 147, 404 P.2d 859 (1965); Consumers' Co. v. Public Utilities Commission
of Idaho, 40 Idaho 722, 236 P. 732 (1925); Washington Water Power Co. v. Idaho Public
Utilities Commission, 101 Idaho 567, 617 P.2d 1242 (1980); Washington Water Power
Co. v. Kootenai Environmental Alliance, 99 Idaho 875, 591 P.2d 122 (1979). Despite the
fact that the Commission's Rules of Procedure ("RP") regarding reconsideration, RP 331-
333, only refer to reconsideration of a final order of the Commission, the statutory
authority for these rules, Idaho Code § 61-626, refers to "an order" of the Commission
and does not contain a limitation to final orders.
After an order has been made by the commission, any corporation, public
utility or person interested therein shall have the right ... to petition for
reconsideration in respect to any matter determined therein.
Idaho Code § 61-626(1) (emphasis added).
Pursuant to the statutory authority, Idaho Power respectfully requests that the
Commission reconsider or determine to alter, amend, or rescind its Order No. 36622,
consider this record closed, and issue its final determination and Order on the merits of
the record. The directed suspension of effective date and additional public notice would
likely cause additional confusion to customers, which directly conflicts with the
Commission's stated objective to present information in a manner "that would be easily
understood by the Company's customers." Order No. 36622, p 6. Of note, the Company
filed its GRC on May 30, 2025, issuing a press release that same day, with inserts
IDAHO POWER COMPANY'S PETITION -4

scheduled to be delivered in bills issued June 11, 2025, through July 10, 2025. Sending
additional notice to customers now, after they have already received notices related to
the proposed rate change, and at the same time they are receiving notices related to the
Company's GRC, will create unnecessary confusion.
The Company respectfully submits that the previously provided notice complies
with the governing RPs. ICIP's arguments with respect to RP 122 is misplaced as that
rule applies only to a general rate case proceeding, of which this matter is not.
Additionally, ICIP has erroneously quoted an outdated and now amended version of RP
125, that rule was specifically amended in 2022 to address and allow the very practice at
issue here: a joint notice of multiple rate changes along with the PCA public notice.
A. The Combined Notice Complies with RP 125.
In the HCC application filed on March 14, 2025, Idaho Power fully described the
intended press release and public notice plan for the requested rate increase, in
conformance with RP 125.
17. In conformance with RP 125, this Application will be brought
to the attention of Idaho Power's customers by means of a press release to
media in the Company's service area and a customer notice distributed in
customers' bills. However, because the amount of Idaho Power's proposed
increase in the case is subject to the expected proposed decrease in the
upcoming PCA proceeding, both of which have a proposed effective date
of June 1, 2025, the actual proposed rate increase is not yet known.
Therefore, the Company intends to bring the contents of both proceedings
(this case and the yet-to-be-filed PCA case) to the attention of customers
via a combined press release and customer notice once the actual
proposed increase is known. The combined notification will provide Idaho
Power the opportunity to notify customers of the anticipated proposed net
decrease or net neutral rate change associated with both proceedings.
Accordingly, the combined customer notice will be distributed over the
course of the Company's current billing cycles beginning April 26, 2025, and
additionally, to ensure that all customers are notified in a timely manner and
have sufficient time to submit comments, Idaho Power will send a direct mail
postcard to a subset of customers that receive their bill toward the end of
the processing time for the PCA case. Although Idaho Power believes this
IDAHO POWER COMPANY'S PETITION - 5

approach best satisfies the spirit of RP 125 while minimizing the opportunity
for customer confusion, it requests additional direction if the Commission
prefers a different approach to providing customer notice of multiple rate
changes proposed to take effect on June 1, 2025.
Application p. 9-10.
The Company had no malintent or intention to obfuscate the HCC rate increase
filing nor to be confusing to customers. Rather, the Company's intent was to provide
greater clarity about the net impact of the three filings proposed to go into effect on June
1, 2025, and to provide all necessary information required by the Commission's rules. As
verified by Staff's review and comments, an incremental increase in collection of AFUDC
costs now is beneficial to customers and in the public interest by ultimately reducing the
overall impact to customer rates when relicensing is complete and its costs are
incorporated into rate base. Staff Comments p 3. Additionally, Staff was supportive of the
Company's proposal and its timing in conjunction, and contingent upon, the PCA
decrease stating, "Recovering AFUDC at a time when customer rates will decrease in the
PCA provides an opportunity for the Company to recover a portion of the AFUDC costs
while still providing customers with rate relief. Allowing the Company to collect additional
AFUDC related to the relicensing of HCC at this time would significantly reduce the overall
impact of a future rate filing when the project is completed and incorporated into rate
base." Id.
After calling attention to the means by which the Company intended to comply with
the public notice requirements of RP 125 in the application, and after having provided
compliant notice in conjunction with the PCA filing that occurred on April 15, 2025, the
Company's application was not returned for incompleteness as referenced by RP 125.05.
Staff reviewed the application and notice and made no comment absent that referenced
IDAHO POWER COMPANY'S PETITION -6

above. The subjective determination of whether the combined notice would be confusing
to customers is arguably debatable, but none-the-less the Company fully intended
compliance with the Commission's rules and included all factual elements required by
Rule 125. Specifically, while the notice summarized the net impact of all three
proceedings, it also individually described the specific request in each proceeding, briefly
explained Idaho Power's need for the additional revenue, included the dollar amounts
requested, the proposed overall and individual percentage change from current rates,
and the proposed percentage change in revenue for each major customer class, as
required by RP 125(01)(a) and 125(01)(b). The notice clarified the application was a
proposal and subject to public review and provided the location of materials for review as
required by RP 125(01)(c). Further, as required by RP 125(01)(d), the notice informed
customers of the opportunity to provide written comments and provided the applicable
Case Nos. IPC-E-25-13 (HCC relicensing) and IPC-E-25-20 (PCA) where those
comments could be submitted. As required by RP 125(03), the notice was included in
customers' regular bill as a bill stuffer and was clearly identified, easily understood, and
pertained to the proposed changes. Each required factual element of RP 125 was met.
It is important to note that RP 125.03 was recently modified — in 2022 — by the
Commission to specifically clarify that joint notices and net rate impact public notice
provisions are acceptable in order to make notices of multiple rate changes less confusing
to customers, specifically referring to Idaho Power's PCA and FCA filings. This was
accomplished by modifying the previously existing RP 125 requirement that notice of rate
changes pertain "only' to the proposed rate change by deleting "only". Case No. RUL-U-
IDAHO POWER COMPANY'S PETITION - 7

21-01, Negotiated Rulemaking Summary, p 4, IDAPA 31.01.01.125.031 (attached hereto
as Attachment 2).
The information required by this rule isle must be clearly identified, easily
understood, and pertain only to the proposed rate change.
Case No. RUL-U-21-01, Rules of Procedure Track Changes Draft, p 22, Rule 125.03
(emphasis added) (attached hereto as Attachment 3).
Notably, ICIP in its comments misrepresents RP 125.03 in the record, quoting the
previously effective version RP 125, incorrectly holding it out as the current rule. ICIP
states:
The Company's notice trickery is specifically prohibited in Commission Rule
125(c)(3) [sic] which provides with respect to the content of rate change
notices:
The information required by this rule is to be clearly identified,
easily understood, and pertain only to the proposed rate
change.
ICIP Comments, p 8 (emphasis added). The above-referenced change to RP 125.03
became effective upon the legislative adjournment sine die of the 2022 Idaho legislature.
RUL-U-21-01 . In this case, the Company's efforts were consistent with this prior advocacy
and the Commission's change to its rules. The combined notice was intended to be more
transparent about the total impact to current rates resulting from the aggregate of cases
under review and less confusing to customers.
"As currently written, this rule requires the customer notice of a rate change to `pertain only to the
proposed rate change.' Idaho Power notes that this is problematic for the utility and confusing for the
customer when multiple rate changes are happening at once. Example would be Idaho Power's PCA and
FCA. Idaho Power suggested this language be changed to allow the Company to provide customers with
a complete and less-confusing perspective on rate changes... Resolution ... Staff revised per Idaho
Power Company's recommendation."
IDAHO POWER COMPANY'S PETITION - 8

B. Given Current Circumstances the Additional Public Notice Would Now
be Likely to Cause Additional Confusion to Customers.
Historically the Commission has encouraged the consolidation of rate adjustments
around the June 1 annual rate filings and adjustments that correspond to the change to
summer rates on June 1. This was the Company's intent with the combined public notice,
net rate impact, and proposed June 1 effective date for the PCA, FCA, and HCC. The
combined public notice was not meant to be confusing or to hide a rate increase with the
PCA decrease. To the contrary and as confirmed by Staff in its comments, recovering
AFUDC, which ultimately has a beneficial impact for overall customer rates, at a time
when customer rates will decrease in the PCA provides an opportunity for the Company
to recover a portion of the AFUDC costs while still providing customers with rate relief.
Idaho Power provided the combined PCA, FCA, and HCC public notice, attached
hereto as Attachment 1, to customers as described in both the HCC and PCA filing. The
PCA and FCA were subsequently approved and implemented on June 1, 2025.
Additionally, the Company had previously filed the required 60-day, RP 122 Notice of
Intent to File a General Rate Case on March 28, 2025, noting its intent to file a GRC on
or after May 30, 2025. The Company did in fact file said GRC on May 30, 2025, along
the requisite public notices and press releases for that proceeding. Order No. 36622's
May 30, 2025, directed suspension of the June 1, 2025, effective date and additional
public notice would now be likely to cause additional confusion to customers after the
previous notices, implementation of the PCA and FCA rate changes, as well as the recent
filing of the Company's GRC proceeding with its associated press releases and public
notice requirements.
IDAHO POWER COMPANY'S PETITION - 9

IV. REQUEST FOR STAY AND ADDITIONAL PROCEDURE
Idaho Power respectfully requests that the Commission stay the immediate
additional notice requirement directed by Order No. 36622 and place this matter on its
next available decision meeting for determination at least as to the requested stay. The
HCC case, having been properly noticed for Modified Procedure by Order No. 36535 on
April 9, 2025, and having comments submitted by Staff and the only intervening party,
ICIP, as well as reply comments by Idaho Power, was fully submitted for Commission
decision on the merits of the record. Idaho Power urges the Commission to reconsider or
determine to alter, amend, or rescind Order No. 36622's additional notice requirement
and comment period, consider this record closed, and issue its final determination and
Order on the merits of the record.
V. CONCLUSION
The HCC is a unique and valuable asset to the Company and to its customers. It
is currently used and useful and incredibly valuable in providing reliable, low-cost service
to the public. The inclusion of AFUDC costs associated with the required FERC
relicensing of the HCC has been previously examined and determined to be in the public
interest and a benefit to customers by ultimately reducing the overall rate impact of the
relicensing efforts and more directly allocating current costs to current customers. This
was additionally reviewed and confirmed in this case by Staff as continuing to be
"reasonable, consistent with regulatory principles, and in the public interest."
Idaho Power's intent with the combined PCA, FCA, and HCC public notice and net
customer rate impact was truly meant to be more transparent and less confusing to
customers. Despite ICIP's hyperbole, it was done not to be deceiving, play tricks, or to
IDAHO POWER COMPANY'S PETITION - 10

hide anything from customers. Such combined public notice and rate impact is consistent
with the Company's long history of June 1 rate adjustments and updates, as well as its
previous advocacy meant to be transparent and non-confusing to customers as
evidenced by the Company's participation in the Commission's 2021 Rules of Procedure
revisions in RUL-U-21-01 and the Commission's revisions thereof. The Company has
consistently been open and transparent about sharing anticipated public notices with Staff
ahead of filings for review, comment, and input prior to filing and release.
The Company fears that Order No. 36622's additional notice and comment period
directives risk causing more or additional confusion than what currently may exist and
may have the impact of a proposed solution that is worse than the perceived problem it
is aimed at solving. Idaho Power will obviously abide by the Commission's directives but
respectfully urges the Commission to reconsider or determine to alter, amend, or rescind
Order No. 36622's additional notice requirement and comment period, consider this
record closed, and issue its final determination and Order on the merits.
Respectfully submitted at Boise, Idaho, this 5t" day of June, 2025.
DONOVAN E. WALKER
Attorney for Idaho Power Company
IDAHO POWER COMPANY'S PETITION - 11

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 5t" day of June 2025 1 served a true and correct
copy of IDAHO POWER COMPANY'S PETITION FOR THE COMMISSION TO
RECONSIDER, ALTER, OR AMEND ORDER NO. 36622 upon the following named
parties by the method indicated below, and addressed to the following:
Commission Staff Hand Delivered
Chris Burdin U.S. Mail
Deputy Attorney General Overnight Mail
Idaho Public Utilities Commission FAX
11331 W. Chinden Blvd., Bldg No. 8 FTP Site
Suite 201-A (83714) X Email chris.burdin(a_puc.idaho.gov
PO Box 83720
Boise, ID 83720-0074
Industrial Customers of Idaho Power Hand Delivered
Peter J. Richardson U.S. Mail
Richardson Adams, PLLC Overnight Mail
515 N. 27t" Street FAX
Boise, Idaho 83702 FTP Site
X Email Peter(a-richardsonadams.com
Dr. Don Reading Hand Delivered
280 S. Silverwood Way U.S. Mail
Eagle, Idaho 83716 Overnight Mail
FAX
FTP Site
X Email dread ing(cDmindspring.com
Stacy Gust, Regulatory Administrative
Assistant
IDAHO POWER COMPANY'S PETITION - 12

BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
CASE NO. IPC-E-25-13
IDAHO POWER COMPANY
ATTACHMENT 1

y
Idaho Power Requests Rate
Decrease in Annual PCA Filing
Idaho Power has filed the Power Cost Adjustment(PCA),the
final piece of its annual spring cost adjustments with the Idaho
Public Utilities Commission(IPUC).As a net result of the PCA,
the Fixed Cost Adjustment(FCA),and an additional filing
related to relicensing the Hells Canyon Complex(HCC),all
Idaho customers will see a price decrease.
A typical Idaho residential customer using 950 kilowatt-
hours(kWh)per month will see an overall monthly
decrease of 8.26%,or approximately$9.97—the
combined impact of the following:
• The PCA calls for a decrease of$94.8 million,or 5.89%,for
Idaho customers.The PCA is a cost-recovery tool that passes
on both the benefits and costs of supplying energy to Idaho
Power customers.This year's PCA requests a monthly bill
decrease of$5.79 for the average Idaho residential customer.
• The annual FCA,filed March 14, requested a decrease of
$40.66 million.The FCA applies only to residential and small
commercial customers and adjusts prices based on changes
in energy use per customer during the previous year. For the
average Idaho residential customer,the FCA requested a
monthly bill decrease of$6.36.
• The HCC relicensing request,filed March 14,proposed an
increase of$29.7 million to recover ongoing financing costs
associated with the project. For the average Idaho residential
customer,the request would result in a monthly bill increase
of$2.18.
If approved as filed,this combined price decrease will
take effect June 1.The impact of these filings for all Idaho
customers is shown in the table below.The actual percentage
will depend on a customer's classification and the rate they pay.
2025 Pate Filings
Percentage Change from Current Billed Pevenue
Revenue Overall Small Large Large
Filing Change Percentage Residential General General z Irrigation
(millions) Impact Service Service I Power
PCA -$94.78 -5.89% -4.80% -3.98% -6.57% -8.11% -5.87%
FCA -$40.66 -2.53% -5.28% -5.39% N/A N/A N/A
HCC $29.70 1.85% 1.82% 1.84% 1.88% 1.83% 1.90%
Combined 4105.74 -6.57% -8.26% -7.53% -4.69% -6.27% -3.97%
Impact 3
Includes lighting schedules;2 Includes special contracts;3 Totals may not sum due to rounding

The PCA has two main components:a balancing account
for power costs incurred the previous year and an estimate
of what energy will cost in the coming year.The balancing
account brings last year's anticipated costs in balance with
costs actually incurred the previous April through March.
The estimate reflects Idaho Power's anticipated fuel costs,
purchased power costs,and customer benefits from sales of
surplus energy for the coming April through March.
The decrease in this year's PCA is largely attributed to
the completed recovery of 2023 deferred power costs,
which was ordered by the IPUC to be recovered over two
years.Another contributing factor was increased sales of
renewable energy credits,which helps to offset power costs
for customers.
Neither Idaho Power nor its shareholders receive any
financial return from the PCA—money collected is used
to recover costs or credit benefits associated with annual
fluctuations in power costs.
Opportunities for Public Review
Idaho Power's filings are subject to public review and approval
by the IPUC.Copies of the applications are available to the
public at the IPUC offices(11331 W.Chinden Blvd. Building
8,Suite 201-A,Boise,ID 83714), Idaho Power offices,on
idahopower.com,or at the IPUC website, _.10.gov.
Customers may also subscribe to the IPUC's RSS feed to receive
periodic updates via email.Written comments regarding
Idaho Power's applications associated with the PCA(Case No.
IPC-E-25-20)or HCC relicensing(Case No. IPC-E-25-13)may be
filed with the IPUC(puc.idaho.gov/form/ca>._ _....,ant).
t
^` _MR -
9M ®Printed on recycled paper.
02025 Idaho Power
31180--0329

BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
CASE NO. IPC-E-25-13
IDAHO POWER COMPANY
ATTACHMENT 2

NEGOTIATED RULEMAKING—WRITTEN SUMMARY
Pursuant to I.C. § 67-5220(3)(f), the Idaho Public Utilities Commission(IPUC)provides the
following written summary of unresolved issues, key information considered, and conclusions
reached during and as a result of the negotiated rulemaking in Case No. RUL-U-21-01.
Background
On January 16, 2020, Idaho Governor Brad Little issued Executive Order No. 2020-01 "Zero-
Based Regulation." The Executive Order directs agencies to review their administrative rules
over a five-year period and gives the Division of Financial Management(DFM) authority to
"develop a standardized process for the required retrospective analysis."Executive Order No.
2020-01 directs an agency wishing to renew a rule chapter to take the following steps:
The agency must perform a retrospective analysis of the rule chapter to
determine whether the benefits the rule intended to achieve are being
realized, whether those benefits justify the costs of the rule, and whether
there are less-restrictive alternatives to accomplish the benefits. This
analysis should be guided by the legislative intent articulated in the statute
or act giving the agency the authority to promulgate the rule.
...Agencies should start the new rulemaking from a zero-base and not
seek to simply reauthorize their existing rule chapter without a critical and
comprehensive review....
The Executive Order notes that the purpose for each finalized rule chapter is that it"reduce the
overall regulatory burden, or remain neutral, as compared to the previous rule chapter."In short,
Executive Order No. 2020-01 directs each agency to look at its statutory authority to promulgate
rules and cut down its rules to more cleanly and clearly achieve the statute-based purpose of
those rules.
DFM published a schedule for agencies to review their rules over a five-year period. For 2021,
the IPUC is scheduled to review its procedural rules, IDAPA 31.01.01.
Procedural overview
At its May 11, 2021 decision meeting, the Commission directed Commission Staff(Staff) to
submit the necessary forms to publish a Notice of Negotiated Rulemaking in the Administrative
Bulletin. The Commission authorized Staff to conduct negotiated rulemaking consistent with I.C.
§ 67-5220 and Executive Order No. 2020-01.
A Commission docket was subsequently opened, and the Notice of Negotiated Rulemaking was
published in late May 2021. The Notice of Negotiated Rulemaking scheduled a public meeting
for June 29, 2021 and explained how written comments could be submitted.
1

On June 21, 2021,the IPUC posted a track-changes Word document with proposed changes to
the IPUC's procedural rules.
.tune 29, 2021 negotiated rulemaking meeting
The negotiated rulemaking meeting was attended by the following persons:
- Idaho Power Company: Lisa Nordstrom and Connie Aschenbrenner
- Rocky Mountain Power/PacifiCorp: Stephanie Barber-Renteria and Ted Weston
- DIM: Colby Cameron and Matthew Reiber
- Commission Staff: Matt Hunter, Stephen Goodson, Donn English, Jan Noriyuki, and
Adam Rush
The table below summarizes the rule-by-rule discussion at the July 29, 2021 meeting. Regarding
the "Resolution" column, Staffs Commission-delegated authority allows Staff to consider
stakeholder recommendations and resolve the recommendations to the extent necessary to
prepare a new draft of IDAPA 31.01.01. The three-member Commission will review the first and
second drafts of IDAPA 31.01.01—as well as this written summary, Executive Order 2020-01,
and DFM's related memorandums to agencies. The Commission will then determine where it
agrees with Staffs resolutions to stakeholder recommendations. The Commission may also
choose to modify Staff s proposed draft of IDAPA 31.01.01 as it thinks best.
Under the"Resolution" column, "Resolved"means Staff has reached a conclusion regarding the
stakeholder recommendation. "Unresolved"means Staff has not yet reached a conclusion.
Stakeholder Rule Number(s) Stakeholder Resolution
Recommendation
DIM/ IDAPA DFM stated that Rule 401 is Staff agrees with DFM's recommendation.
Idaho Power 31.01.01.401 not necessary because I.C. §
Company 67-5206 provides that the
OAG rules automatically
apply to an agency and need
not be adopted. See IDAPA
04.11.01.050. DIM explained
that contrary to Staffs theory,
Rule 401 was not accidently
left out of the 2019 rule
revision but was in fact
removed by DIM during the
publication process.
Idaho Power disagreed with
DFM's recommendation,
arguing that Rule 401
rovides clari .
2

DFM All rules in the DFM recommended the IPUC At the meeting, Staff noted that DFM's proposal
IPUC's remove the language of each would be cumbersome to implement because the
procedural rules rule that was effectively the IPUC's procedural rules differ considerably
that are same as a rule in the OAG from the OAG's procedural rules. Staff also
effectively the procedural rules and noted that DFM's proposal would require
same as rules in incorporate the OAG rule by practitioners before the IPUC to continually
the OAG's reference. DFM noted that reference two separate procedural rule chapters
procedural rules with the IPUC's current edits, when determining the IPUC's procedure. It is
(IDAPA the IPUC is unlikely to Staff s opinion that this would not reduce the
04.11.01) achieve a 20-percent word overall regulatory burden on utility companies.
count reduction in the rule
chapter. To achieve this goal, No stakeholder expressed support for adopting
DFM recommended the IPUC the Rules of the Attorney General, and Idaho
incorporate by reference the Power Company and PacifiCorp expressed
OAG rules that are effectively opposition to the proposal for the same reasons
the same as an IPUC rule. expressed by Staff.
Regarding the 20-percent word count reduction
goal, Staff notes that the IPUC eliminated 100
percent of the IPUC's two safety regulation
chapters (IDAPA 31.11.01 and IDAPA
31.71.01) from IDAPA, instead adopting these
rule chapters by order. If these word count
reductions are added to the approximately 5
percent word count reduction anticipated in the
IPUC's procedural rules, the IPUC is on track to
cut more words than if 20 percent of the words
had been cut from the IPUC's two safety
regulation chapters and the IPUC's procedural
rules.
PacifiCorp/ IDAPA Staff s proposed changes to Staff kept the original language in
Idaho Power 31.01.01.133.02 sub-parts (a.) and(b.)could 31.01.01.133.02.
Company increase the complexity of
getting tariffs reviewed and
approved by the Commission.
This could especially be an
issue when timeframes are
tight and a tariff needs to be
a roved as soon as possible.
Idaho Power IDAPA As currently written, this rule Staff kept the revised language.
Company 31.01.01.125.01 requires the utility to keep
copies of its application to
change rates at its regional
offices, and to notify
3

customers (via the customer
notice) that the application is
available at this location.
Idaho Power proposed that
this requirement be eliminated
because there is almost no
demand for applications at the
regional office, and because
the vast majority of people
have access to the application
online.
Idaho Power IDAPA As currently written, this rule Staff revised per Idaho Power Company's
Company 31.01.01.125.03 requires the customer notice recommendation.
of a rate change to"pertain
only to the proposed rate
change."Idaho Power notes
that this is problematic for the
utility and confusing for the
customer when multiple
annual rate changes are
happening at once. Example
would be Idaho Power's PCA
and FCA. Idaho Power
suggested this language be
changed to allow the
Company to provide
customers with a complete
and less-confusing
perspective on rate changes.
Idaho Power IDAPA This rule requires all utilities Staff agrees with Idaho Power's concerns and
Company 31.01.01.016.03 to "designate a person as their will keep the requirement.
agent to be served with
summons and complaints,"
and the utility"shall be
responsible for maintaining
on file with the Commission
Secretary the current name,
mailing address and email
address of the person
designated as the agent to
receive service." Staff
proposed to cut this
requirement in its initial draft.
Idaho Power pointed out that
this rule has value because
when that designated agent
4

leaves employment or moves
into a new role, the utility can
quickly update that
information with the
Commission. This helps the
utility avoid missing
summons and complaints.
Idaho Power IDAPA Under Rule 41.02, only two Staff agrees with Idaho Power's
Company 31.01.01.041.02 people may be designated as a recommendation that this rule reflect the
party's representative for Commission's current practice. How exactly this
purposes of service or receipt recommendation will be incorporated into the
of official documents. Idaho next proposed draft of IDAPA 31.01.01 has not
Power noted that it has been been resolved.
the practice for some time for
the Commission to allow
more than two representatives
for the purpose of service, but
no more than two could be
designated to receive
paper/hard copies. Idaho
Power recommended the
Commission modify this rule
to reflect the Commission's
current practices or increase
the number of allowed
representatives.
Idaho Power IDAPA Under the current rule, Staff agrees with Idaho Power and will keep the
Company 31.01.01.043 partnerships, corporations, current language of Rule 43.
associations, etc. must be
represented by an attorney in
"quasi-judicial proceedings"
before the Commission. Staff
proposed replacing the
language of Rule 43 with the
"Representation of Parties"
language in the OAG's
procedural rules. Idaho Power
opposed this change,
preferring the current
language. Idaho Power noted
that Staff s proposed language
eliminates the distinction
between"administrative
proceedings" and"quasi-
judicial proceedings" and
allows (among other things)
5

associations to be represented
before the Commission by
non-attorneys. Idaho Power
noted that it would be
preferable for associations to
continue to be represented by
attorneys, given the
procedural and substantive
complexity of the
Commission's subject area.
Idaho Power IDAPA Rule 61 was modified by Staff for now will keep the language as revised
Company 31.01.01.061.04 Staff to allow for electronic in the most current draft.
filing; but Rule 61.04
authorizes the Commission
Secretary to require an
electronic filing to be filed in
printed form. Idaho Power
inquired what the standard
would be for requiring a
printed filing. Idaho Power
expressed its preference that
there be a standard.
Idaho Power IDAPA Idaho Power recommended Staff agrees with Idaho Power. However, Staff
Company 31.01.01.063.02 this rule be modified to allow has not determined how best to modify the rule
service of discovery to be to achieve the goal described by Idaho Power in
accomplished by providing this current rulemaking process
parties access to cloud drives.
Idaho Power noted that this is
already a regular practice at
the IPUC.
Idaho Power IDAPA Idaho Power noted that if Staff intends to keep the current language of
Company 31.01.01.067 and Staff modified the Rule 43.
.233 "representation of parties"
rule (Rule 43), these rules
should also be modified
because both rules require the
attorney for the party to state
in writing that the material is
protected by law from public
inspection.
Idaho Power IDAPA Idaho Power suggested the Staff understands and appreciates Idaho Power's
Company 31.01.01.076 Commission add to this rule concerns. Rule 244 was deleted, and Rule 47
(or a different rule) standards was revised to encompass standards of behavior
of behavior for public for public witnesses and already establishes
witnesses. Idaho Power noted standards of behavior at public hearings. Staff
that in recent years the noted at the negotiated rulemaking meeting that
6

behavior of the public at it is the Commission's prerogative to determine
hearings has steadily what degree of civility must be practiced at
deteriorated. public hearings.
Idaho Power IDAPA Idaho Power inquired what Staff explained at the negotiated rulemaking
Company 31.01.01.165 Staff was seeking to achieve meeting that the Executive Order No. 2020-01
by completely removing Rule directs the Commission to "determine whether
165. the benefits of the rule intended to achieve are
being realized,whether those benefits justify the
costs of the rule, and whether there are less
restrictive alternatives to accomplish the
benefits."Rule 165 restates I.C. § 61-617A.
Idaho Power IDAPA Idaho Power noted that Staff retained the original wording.
Company 31.01.01.272 Staff s modifications to this
rule replace "enter into"with
"sign." Idaho Power
expressed concern that this
could open the door to
Commission Staff reaching an
oral agreement with a party
without prior notification of
the Commission and all other
parties.
7

BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
CASE NO. IPC-E-25-13
IDAHO POWER COMPANY
ATTACHMENT 3

for the changes,the changes do not ge inte take effect until approved by order. (4-5-00)
02. Notice of Application. Within twenty-one (21) days of the date of any application to change any
rate, fare,toll, charge,or classification,or any rule,regulation or contract relating to or affecting any rate,fare,toll,
rental,charge,classification,or service, or in any privilege or facility,the Commission Secretary gill should issue a
notice of application to all interested persons (see Rule 39.021, unless notice is issued pursuant to under modified
procedure or the application is earlier approved or described by order. (4-5-00)
03. Suspension of Proposed Rate Changes. At any time before proposed changes take effect pu+sxant
to under Sections 61-307,Idaho Code and Rule 123.01 of this rule,the Commission may suspend the effectiveness of
the changes PUBUffil to under Sections 61-622,Idaho Code.Whenever the Commission suspends proposed changes
for less than the maximum period of suspension allowed by statute,it may extend the period of the suspension to the
statutory maximum consistent with the statutory standards. (7-1-93)
124. DESIGNATION AS GENERAL RATE CASE IN NOTICE OF APPLICATION(RULE 124).
When a notice of application designates a proceeding as a general rate case,all persons are theieby put upon on notice
that the following are at issue and the Commission may make decisions addressing them,whether the notice explicitly
repeats the following or not: (7-1-93)
01. Revenue Requirement. The utility's Idaho intrastate revenue requirement, and every component
of it,both rate base and expense, are at issue. The Commission may grant,deny, or modify the revenue requirement
requested and may find a revenue requirement different from that proposed by any party is just,fair and reasonable.
(7-1-93)
02. Rates, Charges, and Service. The rates and charges of all Idaho retail customers, both recurring
and non-recurring,including those of special contract customers,are at issue,and every component of every existing
and proposed rate and charge is at issue. The Commission may approve, reject or modify the rates and charges
proposed and may find that rates and charges different from those proposed by any party are just,fair and reasonable.
(7-1-93)
a. The Commission may approve, reject or modify existing or proposed relationships between and
among rates and charges within, between or among customer classes or rate groupings and may approve, reject or
modify existing or proposed relationships among and between customer classes or rate groupings. (7-1-93)
b. The Commission may abolish, reduce or create rate blocks or categories of rates and charges,
abolish,create or reduce components of rates and charges,abolish,reduce or create customer classes or rate groupings,
and abolish,reduce or create absolute or relative differences among and between existing classes or rate groupings of
customers. (7-1-93)
C. The tariffs, practices, rules and regulations, service, instrumentalities, equipment, facilities,
classifications, and customer relations of the utility are at issue,and the Commission may address any of them in its
order. (7-1-93)
125. NOTICES TO CUSTOMERS OF PROPOSED CHANGES IN RATES(RULE 125).
01. Contents of Customer Notice of a Change in Rates A public utility must notify its customers
whenever it requests to change rates. (4-7-11)
a. If a utility is requesting requests a rate increase, the fie to ear-1.
et+ste+neF.ate customer notice shA must briefly iffelude-o bFWeatplan won-of-ex_)lam the udlity's need for additional
revenue and the dollar amount requested and_. The notice sha- give the proposed overall percentage change from
current rates as well as the proposed percentage increase in revenue for each major customer class. (4-7-11)
b. If the utility is requesting requests a rate decrease, ..sue a eustome;-nottee to eite#t
eusienwo The customer notice shall must inelude a bFief briefly e*Plannuea-e€explain the reason for the decrease,
the overall dollar amount of the proposed decrease, and the proposed percentage decrease for each major customer
Section 000 Page 21 SGoodson_05132021

class. (4-7-11)
C. The customer notice shall make it eleaf_must clarify that the application is a proposal, subject to
public review and a Commission decision. It shall also inform customers that a copy of the utility's application is
available for public review at the offices of both the Commission and the utility,and on the Commission's homepage
at*www.puc.idaho.gov. (2-15-14)
d. The customer notice shall inform customers that they may file written comments r-egarding about
the utility's application may be filed with the Commission. It shall also inform customers that they may subscribe to
the Commission's RSS feed(Subsection 039.03)to+eeeive for periodic updates via email e mail about the ease. (2-
15-14)
02. Timing of Notice for Trackers or Annual Cost Adjustments. Tracker adjustments oeeasioned
prompted by federal action that result in o� tre F►+-dc r-
ittefeease 4i rate m rate change may be brought to customers'the
attention of oustomers in compliance with this rule after approval by the Commission. Other tracker or annual cost
adjustment cases that result in an a rate increase On nitcs remain subject to tlw this iule's advance notice requirements
&"Avanee-noticesontait+ed4ff4hk tale.Other tracker or annual cost adjustment cases that result in a rate decrease in
rates may be brought to 4*-customers' attention of eustAtes in compliance with this rile after being approved by
the Commission. (4-7-11)
03. Timely Distribution of Customer Notices. The customer notices Fefelved-to referenced in
Subsection 125.01 may be mailed separately to customers or included in the customer's regular bill as a bill stuffer.
At the customer's option,the customer notice may be provided electronically. The information required by this rule
"must be clearly identified,easily understood,and pertain enly to the proposed rate change. The utility must start
distributing, DiSkiblltietl of--customer notices shah ^^m mence when the utility it files its application or as soon as
possible thereafter. (2-15-14)
04. Press Release.In instances covered by Subsection 125.01,the utility shall also send a press release
with at least the same information presented in the customer notices to all newspapers,radio,
and television stations listed on the Commission's news organization list for that utility. The press releases shall be
mailed or delivered simultaneously with filing of the application. (5-8-09)
05. Filling of a Press Release nd Ea.stomer Hee. A eop"1 the-press release ►td eu iornef tteiiee
shall be filed with flie applicaiian. (5-8-09)
06:05. Purposes and Effects of This Rule.The pw:peses of Subsections 125.01 through 4285 125.04 of
the- ruIPV e.to are intended to encourage wide dissemination to customers of information concerning proposed rate
changes l'er utility:WA* Less These subsections do not expand,contract,or otherwise modify
customers to-ereete-due F0ee,S er-etherproe.�kWfll-+igbts in eu-.itomer44vf-e?fmnding sotitractitt",'-otherwise
rnedifying4he notice and due process rights of^�or�::s under the Public Utilities Law and the Commission's Rules
of Procedure,IDAPA 31.01.01.Accordingly,Subsections 125.01 through 125.05 of-this-role create no individual due
process or_.procedural rights for in any customer ee that would give rise to a due process or other procedural
claim cognizable by the Commission.;bW A public utility's failure to comply with Subsections 125.01 through 125.05
of this rule can be grounds for returning an application for incompleteness. (5-8-09)
126. APPLICATION TO APPROVE INTERCONNECTION AGREEMENTS(RULE 126).
01. Uncontested Agreements. A telephone corporation may file an applio tion for apply to the
Commission to approve voluntarily negotiated, adopted or amended interconnection agreements pursuant to under
Section 252 of the federal Telecommunications Act of 1996,http://www.fcc.gov/telecom.html.The Commission 1M
ae% act on adopted or negotiated interconnection agreements and uncontested amendments to previously approved
agreements with the assistance of afi-Commission Staff s ex parte recommendation. of the'Corms .^ Staff. (5-8-
09)
02. Contested Agreements. Petitions to arbitrate, mediate or otherwise resolve interconnection
disputes between or among telecommunication carriers shall be processed under Rule 53. (3-16-04)
Section 000 Page 22 SGoodson_05132021