Cross-Petition.pdf

Telephone [phone], FAX [phone]
LARRY D. RIPLEY
Senior Attorney

June 6, 2002

Ms. Jean D. Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P. O. Box 83720
Boise, Idaho 83720-0074

Re: Case No. IPC-E-02-02/03
Idaho Power Company’s Cross-Petition
For Reconsideration

Dear Ms. Jewell:

Enclosed for filing with the Commission are an original and seven (7) copies
of Idaho Power Company’s Cross-Petition For Reconsideration regarding the above-
described case.

I would appreciate it if you would return a stamped copy of this transmittal
letter for our files.

Very truly yours,

/s/

Larry D. Ripley

LDR:jb
Enclosures

CROSS-PETITION FOR RECONSIDERATION OF IDAHO POWER COMPANY, Page 1
LARRY D. RIPLEY ISB #965
Idaho Power Company
P. O. Box 70
Boise, Idaho 83707
Telephone: [phone]
FAX Telephone: [phone]

Attorney for Idaho Power Company

Street Address for Express Mail:

1221 West Idaho Street
Boise, Idaho 83702

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION )
OF IDAHO POWER COMPANY FOR AN ) CASE NO. IPC-E-02-02
ENERGY COST FINANCING ORDER AND ) IPC-E-02-03
AUTHORITY TO INSTITUTE AN ENERGY )
COST BOND CHARGE. ) CROSS-PETITION FOR
) RECONSIDERATION OF
) IDAHO POWER COMPANY
IN THE MATTER OF THE APPLICATION )
OF IDAHO POWER COMPANY FOR )
AUTHORITY TO IMPLEMENT A POWER )
COST ADJUSTMENT (PCA) RATE FOR )
ELECTRIC SERVICE FROM MAY 16, 2002 )
THROUGH MAY 15, 2003. )
)

As a result of the filing of the Petition For Reconsideration by the Industrial
Customers of Idaho Power (“Industrial Customers”) in Case Nos. IPC-E-02-2 and IPC-
E-02-3; Idaho Power Company (“Idaho Power”), pursuant to Idaho Code, '61-626 and
RP 331, hereby files with the Commission its Cross-Petition For Reconsideration of
Order No. 29026 for and upon the following grounds:

CROSS-PETITION FOR RECONSIDERATION OF IDAHO POWER COMPANY, Page 2
I.
Although Idaho Power has no objection to Order No. 29026 as issued, the
same could become unfair, unjust, unreasonable and unlawful if Order No. 29026 is
revised or changed by the Commission as a result of the Petition For Reconsideration
filed by the Industrial Customers. Thus, Idaho Power is compelled to file a Cross-
Petition For Reconsideration in the event that the Petition For Reconsideration filed by
the Industrial Customers is granted.
GROUNDS FOR GRANTING CROSS-PETITION FOR
RECONSIDERATION

If the Petition For Reconsideration filed by the Industrial Customers is
granted and Order No. 29026 is changed or altered and a five-year deferral for recovery
of Idaho Power’s 2002-2003 PCA expenses is ordered, then the Commission’s Order
would become unreasonable, unjust, unlawful, erroneous and not in conformity with
Title 61, Chapter 15, Idaho Code.
If the Commission finds that the PCA costs that it has currently authorized
for recovery in one year should now be considered for deferral and recovery over five
years, the Commission must find that the issuance of energy cost recovery bonds is in
the public interest. The Commission would be required under Idaho Code, ' 61-1503 to
make this finding due to the financial impact upon Idaho Power of being required to
finance the deferred amounts for five years. Idaho Power is prepared to introduce
evidence in support of this contention.

CROSS-PETITION FOR RECONSIDERATION OF IDAHO POWER COMPANY, Page 3
PRAYER FOR RELIEF
In the event that the Commission determines that the Petition For
Reconsideration filed by the Industrial Customers should be granted to allow for
reconsideration of the implementation of a five-year deferral of Idaho Power’s 2002-
2003 PCA expenses, the Commission must grant Idaho Power’s Cross-Petition For
Reconsideration, for and upon the grounds that a five-year deferral is not in the public
interest and cannot be implemented and accordingly the Commission in such a
circumstance is required to order the issuance of energy cost recovery bonds.
Respectfully submitted this 6th day of June, 2002.

/s/

LARRY D. RIPLEY
Attorney for Idaho Power Company

CERTIFICATE OF SERVICE
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 6th day of June, 2002, I served a true
and correct copy of the above and foregoing the CROSS-PETITION FOR
RECONSIDERATION OF IDAHO POWER COMPANY upon the following named
parties by the method indicated below, and addressed to the following:

Lisa D. Nordstrom x Hand Delivered
Deputy Attorney General U.S. Mail
Idaho Public Utilities Commission Overnight Mail
472 W. Washington Street FAX
P.O. Box 83720
Boise, Idaho 83720-0074

John Hammond x Hand Delivered
Deputy Attorney General U.S. Mail
Idaho Public Utilities Commission Overnight Mail
472 W. Washington Street FAX
P.O. Box 83720
Boise, Idaho 83720-0074

R. Scott Pasley Hand Delivered
Assistant General Counsel x U.S. Mail
J.R. Simplot Company Overnight Mail
P.O. Box 27 FAX
Boise, Idaho 83707

David Hawk Hand Delivered
Director, Energy Natural Resources x U.S. Mail
J.R. Simplot Company Overnight Mail
P.O. Box 27 FAX
Boise, Idaho 83707

Peter J. Richardson Hand Delivered
Richardson & O’Leary, PLLC x U.S. Mail
99 East State Street, Suite 200 Overnight Mail
P.O. Box 1849 FAX
Eagle, Idaho 83616

William M. Eddie Hand Delivered
Land and Water Fund of the Rockies x U.S. Mail
P.O. Box 1612 Overnight Mail
Boise, Idaho 83701 FAX

/s/
______________________________________
LARRY D. RIPLEY