ON29041.pdf

Office of the Secretary
Service Date
May 30, 2002
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
IDAHO POWER COMPANY FOR AN ENERGY
COST FINANCING ORDER AND AUTHORITY
TO INSTITUTE AN ENERGY COST BOND
CHARGE.
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.
CASE NOS. IPC-02-
IPC-02-
ORDER NO. 29041
On May 13 , 2002, the Commission issued Order No. 29026 that authorized recovery
of $244.4 million over a one-year period and deferred $11.5 million to be recovered solely from
the Irrigation and Small General Service classes in the 2003-2004 PCA. Idaho Power filed a
Petition for Clarification to clarify whether Order No. 29026 in this case or Order No. 28992 in
Case No. IPC-01-34 is the controlling Order as to the disallowance of irrigation load reduction
lost revenues for reconsideration purposes. No other parties filed responsive pleadings to the
Company s Petition.
Having fully reviewed the petitions and the record in this matter, the Commission
grants Idaho Power s Petition for Clarification. In short, Order No. 28992 issued in Case No.
IPC-01-34 is the controlling decision that resulted in the disallowance of irrigation load
reduction lost revenues in Case Nos. IPC-02-2 and -
IDAHO POWER'S PETITION FOR CLARIFICATION
On May 20, 2002, Idaho Power filed a Petition for Clarification in Case Nos. IPC-
02-2 and -3 to clarify which Order is the controlling decision on the disallowance of irrigation
load reduction lost revenues. In Idaho Power s recent PCA case, the Commission stated:
This issue has been thoroughly addressed during the proceedings in Case No.
IPC-01-34. In that case we stated
, "
in the context of the market situation
that existed at the time this Program was approved, it was the prudent if not
required action for the Company to take and that further incentives, such as
the recovery of lost revenues, to develop and utilize a program of this type
were not needed." Order No. 28992 at 7-8. Consistent with our final Order in
ORDER NO. 29041
Case No. IPC-01-, we disallow recovery of the $15 146 639.32 included
by Idaho Power.
Order No. 29026 at 8.
The Company understood this Order language as indicating that "the Commission in
Order No. 29026 at p.8 considers Order No. 28992 issued in Case No. IPC-01-34 as being the
controlling decision that resulted in the disallowance of irrigation load reduction lost revenues in
IPC-02-2/-Petition at 2. Although Idaho Power believes the issue of disallowed lost
revenue is properly before the Commission in Case No. IPC-01-, the Company "does not
desire to assume at its peril that this is the case. . .Id. at 2-3. Thus, Idaho Power asks the
Commission to clarify that in Order No. 29026 the Commission was simply referring to Order
No. 28992 issued in Case No. IPC-01-34 and that Order No. 28992 is the controlling Order as
to the disallowance of irrigation load reduction lost revenues. Id. at 3.
The Company requests that the Commission issue its Order as to this issue before the
time for filing a petition for reconsideration has expired, so that Idaho Power may timely file a
Petition for Reconsideration if it is required to do so. Id. The deadline for Idaho Power to file a
Petition for Reconsideration in Case No. IPC-02-2/-3 is Monday, June 3, 2002.
FINDINGS OF FACT
Upon review of Idaho Power s Petition and prior Orders, the Commission finds that
the issue of disallowed "lost revenue" is properly before the Commission in Case No. IPC-01-
34. Any reconsideration sought on the disallowance of irrigation load lost revenue should be
done within the context of Case No. IPC-01-34 because it contains the substantive record on
this issue.
The Commission s Rule of Procedure 57 provides that parties have 21 days to
respond to a petition. IDAPA 31.01.01.057. Although parties have not had the full 21 days to
respond to Idaho Power s Petition as contemplated by this Rule, the Commission finds that it is
reasonable to issue this Order given the rapidly approaching reconsideration deadline in these
cases.
On May 2 2002, Idaho Power filed a Petition for Reconsideration in Case No. IPC-01-34.
ORDER NO. 29041
ORDER
IT IS HEREBY ORDERED that Idaho Power s Petition for Clarification is granted.
Order No. 29026 is clarified as set out above. Order No. 28992 is the controlling Order as to the
disallowance of irrigation load reduction lost revenues.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho , this 30tk-
day of May 2002.
ATTEST:
~~.~..
Je D. Jewell
ISSlOn Secretary
O:IPCE0202 03 In3
ORDER NO. 29041