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HomeMy WebLinkAbout20020905Volume 6, pg 770-791.pdf 1 (The following proceedings were 2 had in open hearing.) 3 (Idaho Irrigation Pumpers 4 Association Exhibit Nos. 301 and 302 were admitted 5 into evidence.) 6 COMMISSIONER SMITH: Now, questions, 7 Mr. Budge? 8 9 CROSS-EXAMINATION 10 11 BY MR. BUDGE: 12 Q. Mr. Yankel, is it correct in your 13 calculation that you didn't include any value for 14 the system interruptibility -- or, excuse me -- 15 system integrity or emergency interruption provided 16 by Monsanto in its proposal? 17 A. That's correct. 18 Q. Would you agree that that does offer 19 value to the Company? 20 A. Yes, and the Company has put a number 21 or value on it. I have not checked that number or 22 value for accuracy, but, yes, there is a value to 23 it. 24 Q. When I read Mr. Taylor's rebuttal, he 25 made a statement on page 6 to the effect that he 770 HEDRICK COURT REPORTING YANKEL (X) P.O. BOX 578, BOISE, ID 83701 IIPA 1 thought both you and Mr. Schunke had endorsed the 2 Company's cost-of-service study and the 31.40 price 3 that it developed for Monsanto. Then as I hear your 4 summary, you made the comment: Blindly assuming 5 that the Company's 31.40 is a correct starting 6 place. 7 Is it my understanding when you say 8 "blindly assuming," you're not necessarily endorsing 9 the Company's cost-of-service study as the starting 10 place? 11 A. When I originally went through -- I 12 thought I was clear on that -- I accepted the 13 Company's methodology over that of Monsanto. I did 14 not really go through line by line the 15 cost-of-service study to determine what it should be 16 or look at everything, but I felt that as a starting 17 place the Company's methodology at that time was 18 more in line with what I've seen historically, 19 specifically with respect to the 12 CP method and 20 the use of 75/25 split on the demand, and that's 21 primarily what I was aiming at as I was choosing 22 that portion of the Company's cost allocation 23 methodology over Monsanto's. 24 Q. Your direct testimony was primarily 25 focusing on how to calculate the interruptibility 771 HEDRICK COURT REPORTING YANKEL (X) P.O. BOX 578, BOISE, ID 83701 IIPA 1 credit? 2 A. Yes, but the starting point, I mean, 3 the point you are referring to, the Company's 4 cost-of-service study, I was choosing the Company's 5 cost-of-service study over Monsanto's because 6 primarily those two points: The 12 CP method and the 7 split of the demand cost between energy and demand. 8 Q. But now, as I understand it, you are 9 accepting the starting point proposed by Monsanto of 10 29.30? 11 A. Yes, and the reason for that is the 12 new number that Monsanto has in there is based upon, 13 again, the 12 CP method and it's based upon my 14 understanding of the 75/25 split, and the main 15 difference being that the rate of return is set 16 equal to the jurisdictional rate of return for 17 Monsanto. So with that correction, I basically 18 accepted that as a viable calculation. I didn't 19 actually pick one or the other in the stuff that 20 I've offered now. I've kind of gone in between the 21 two. 22 Q. So starting at that number as you did 23 and then going through your calculation with the new 24 Monsanto hours, is that what leads you to the price 25 of 18.35 per megawatt hour? 772 HEDRICK COURT REPORTING YANKEL (X) P.O. BOX 578, BOISE, ID 83701 IIPA 1 A. Yes, it is. 2 Q. And that number would be further 3 reduced, I believe you agreed, as part of your 4 calculation by whatever value is appropriate for the 5 system integrity interruption? 6 A. If one wants to add that, yes. 7 MR. BUDGE: No further questions. 8 COMMISSIONER SMITH: Thank you, 9 Mr. Budge. 10 Mr. Fell, do you have questions -- or, 11 I'm sorry, Mr. Eriksson? 12 MR. ERIKSSON: Thank you. 13 14 CROSS-EXAMINATION 15 16 BY MR. ERIKSSON: 17 Q. Mr. Yankel, in performing your 18 analysis of the value of the interruptibility, you 19 did what you have described as a top-down approach? 20 A. Yes. 21 Q. And in doing so, starting with a firm 22 cost of service and reducing a value based on a 23 peaking resource? 24 A. Yes. 25 Q. And the reason for that is that the 773 HEDRICK COURT REPORTING YANKEL (X) P.O. BOX 578, BOISE, ID 83701 IIPA 1 interruptibility contracts are viewed as reducing 2 the need for peaking capacity? 3 A. That was my view, yes, in that 4 particular analysis. I mean, there was another 5 analysis where I was doing something different, yes. 6 Q. I understand that. Now, you would 7 agree that the interruptibility acquired from a 8 contract customer such as Monsanto is something that 9 is acquired by the Utility from the customer? 10 A. Yes, it's usually a contract. I guess 11 it could be tariff, but if that's what you're 12 asking -- I'm not sure what you're asking. 13 Q. As opposed to the Utility's provision 14 of electric service to the customer? 15 A. I guess I'm just having a difficult 16 time with the question. I've seen where there have 17 been some actually interruptible tariffs and 18 whatnot, so I'm not sure what you're asking. 19 Q. Well in this context, the way this is 20 being -- interruptibility is being valued in this 21 case is to recognize a purchase or credit for a 22 product to be provided by Monsanto to PacifiCorp? 23 A. Yes. 24 Q. Okay. Now, in valuing 25 interruptibility -- well, let me refer you to 774 HEDRICK COURT REPORTING YANKEL (X) P.O. BOX 578, BOISE, ID 83701 IIPA 1 page 10 of your testimony, and at lines 11 through 2 13, you state: Rates should be based upon the 3 benefits of the interruptibility that Monsanto 4 provides to the system, not just the benefits to the 5 Idaho jurisdiction. 6 And you're making that statement in 7 the context that was referenced to system versus 8 situs treatment? 9 A. Okay. Okay, I'll accept that. 10 Q. Now, the -- looking at 11 interruptibility as a separate product to be 12 acquired by the Utility from a customer, isn't that 13 the piece that you're looking at in terms of what 14 ought to be allocated on a system basis instead of 15 situs? 16 A. I thought about that and, you know, 17 like allocating two different things, maybe firm as 18 situs, interruptible portion as system. I ended up 19 at the same spot where we're at now. The reason 20 being is that on the interruptible portion, one 21 needs to then value the interruption, and then value 22 the impact upon the jurisdictional separation. So I 23 just kind of ended up back -- kind of came full 24 circle on it, so I ended up right where I'm at. I 25 had actually thought about that. 775 HEDRICK COURT REPORTING YANKEL (X) P.O. BOX 578, BOISE, ID 83701 IIPA 1 Q. But it is appropriate to separately 2 value the interruptibility, isn't it? 3 A. That's how I came up with the 4 interruptibility credit, yes, I valued them 5 separately. 6 Q. And by doing so, the state of Idaho 7 and other states, they can look at whether or not 8 the price is appropriate -- that is, PacifiCorp's 9 acquisition of interruptibility for the system is an 10 appropriate price -- isn't that correct, as compared 11 to if the Commission were to just say service to 12 Monsanto would be interruptible and the rate is X, 13 without any identification of what the value of that 14 interruptibility is. In that situation, isn't it 15 difficult for the Commission to determine whether or 16 not there is some subsidy flowing to Monsanto? 17 A. Yes. And I believe the method at 18 least as I outlined, possibly as maybe the Company 19 has, does tend to put a price on firm service and 20 then what the difference is with the 21 interruptibility. So if nothing else, other 22 Commissions, whether they agree or disagree, will at 23 least have something more concrete to look at than 24 just a price and that's all they have. 25 Q. Now, looking at page 4 of your 776 HEDRICK COURT REPORTING YANKEL (X) P.O. BOX 578, BOISE, ID 83701 IIPA 1 testimony -- well, never mind. Skip that. 2 In your testimony, you state that 3 there hasn't been a fundamental change in the 4 electric industry that now renders useless these 5 contracts -- that is, interruptible contracts -- 6 from a system cost point of view. Do you recall 7 that -- 8 A. Yes. 9 Q. -- on page 5? 10 Now, you are not of the position that 11 PacifiCorp is taking the position that 12 interruptibility is useless. Correct? 13 A. That's correct. 14 Q. And on page 11 of your testimony, you 15 discuss an option of treating Monsanto as its own 16 jurisdiction. And maybe you haven't considered this 17 enough to answer, but in that situation, who would 18 set the rates for Monsanto? 19 A. The Idaho Commission. It would just 20 be strictly setting the rates just for 21 jurisdictional cost purposes. It would not be part 22 of the Idaho jurisdiction is all I was suggesting. 23 The Idaho Commission would still set the rates for 24 Monsanto in the same way we're doing now. 25 Q. So you say for interjurisdictional 777 HEDRICK COURT REPORTING YANKEL (X) P.O. BOX 578, BOISE, ID 83701 IIPA 1 purposes, there would be a separate jurisdiction? 2 A. Yes, and it was just a -- just a 3 thought thrown out. It would be a separate category 4 called "interruptible" just like "FERC" is a 5 separate category or "Oregon" is a separate 6 category. 7 Q. And if there were costs under recovery 8 in that separate jurisdiction, where would 9 PacifiCorp look to get cost recovery? 10 A. Probably the same place it looks 11 nowdays: Just from the other jurisdictions for one, 12 or be coming back to this Commission for the 13 Monsanto contract in looking for something. 14 My only intent there was to try to 15 shield the other Idaho customers from any shortfall 16 is all I was really trying to do there. 17 Q. Okay. And if Monsanto's prices were 18 set at full cost-of-service study, there wouldn't be 19 a shortfall to look to the other Idaho customers 20 for. Correct? 21 A. If they were set at full 22 cost-of-service study and if they were firm, yes, I 23 believe that would be the case. The problem comes 24 in when you start talking about interruptible. 25 Q. Now, in your top-down analysis, if I 778 HEDRICK COURT REPORTING YANKEL (X) P.O. BOX 578, BOISE, ID 83701 IIPA 1 could refer you to -- well, you read Mr. Taylor's 2 rebuttal -- 3 A. Yes. 4 Q. -- testimony? 5 And in that he discusses the hours of 6 interruption which you used in your Exhibit 301, I 7 believe it is? 8 A. I believe he did, yes. I don't recall 9 specifically, but I think so. 10 Q. And in that exhibit, you used 160 11 megawatts times the 800 hours -- 12 A. Yes. 13 Q. -- and calculated a number. 14 Do you agree that that number resulted 15 in more megawatt hours of interruption than Monsanto 16 was proposing with the 300/500 approach with no more 17 than two furnaces at a time? 18 A. Yes, at the time that was in error due 19 to the amount of megawatt hours I attributed to 20 interruption, yes. 21 Q. And in the -- in your summary of new 22 positions you stated today describing or relating to 23 Monsanto's 1,000-hour proposal, as I understand it, 24 you substituted the number on line 6 of Exhibit 301 25 with 1,000 hours? 779 HEDRICK COURT REPORTING YANKEL (X) P.O. BOX 578, BOISE, ID 83701 IIPA 1 A. Yes. And I would have substituted the 2 line above that with I believe 162.5. 3 Q. Okay. And so we end up with line 7 4 being 162,500 megawatt hours? 5 A. Correct. 6 Q. And things flow through down there to 7 result in a bottom line that would be on line 14 of 8 the number that you presented in your -- 9 A. $20.45. 10 Q. Okay. And that is based on 1,400,846 11 megawatt hours per year? 12 A. Correct. 13 Q. If you were to use instead of that 14 level of energy 1,354,000 megawatt hours as is used 15 by Monsanto -- 16 Do you by chance have a calculator 17 with you? 18 A. I do, but I'll accept something you 19 would like to give me. 20 Q. 23.57 in your original Exhibit 301 21 rather than 22.78? 22 A. Just working off the original exhibit? 23 Q. Yes. 24 A. I probably want to do that. Give 25 me -- one million -- 780 HEDRICK COURT REPORTING YANKEL (X) P.O. BOX 578, BOISE, ID 83701 IIPA 1 Q. 354,000. 2 A. Four thousand. Okay. 3 Did you when you did that use that 4 number both places or -- I'm just thinking numbers 5 to go the other direction, that's all. 6 Q. The 1,400,000 is taken from 7 Mr. Taylor's exhibit. 8 A. Yes. 9 Q. Okay. And that's Monsanto's usage 10 from the test year? 11 A. It's the ones that Mr. Taylor -- I 12 don't know. I didn't check the source. But again, 13 I think the number would have been lower if I would 14 have stuck in a lower kilowatt number. I would have 15 come up with a lower number for the rate as opposed 16 to the higher number. You gave me a higher number. 17 I'm not sure how you got the higher number. 18 Q. All right. The second approach that 19 you took was to look at market purchases instead of 20 a single-cycle combustion turbine? 21 A. Yes. 22 Q. And in particular, you use the market 23 prices for the years 2000, 2001? 24 A. Yes. 25 Q. And you agree or recognize in your 781 HEDRICK COURT REPORTING YANKEL (X) P.O. BOX 578, BOISE, ID 83701 IIPA 1 testimony the extraordinary high level of the prices 2 in I believe it was July and August or June and July 3 of 2000? 4 A. Yes. But again, they were higher -- 5 as I pointed out in my testimony, they were higher 6 in November and December, the numbers I chose. 7 Q. In fact, they were also higher than 8 historically has been the case and, in fact, since 9 2001? 10 A. Yes. 11 Q. Okay. And the effect of using the 12 higher prices results in a higher interruptibility 13 credit for Monsanto? 14 A. Yes. But, again, I didn't look at 15 superpeak or I didn't try to define that all, so I 16 felt the number was still relatively conservative to 17 show what they could have saved over the last couple 18 of years. 19 Q. So you didn't intend it to be 20 representative of what would go on in the future? 21 A. I don't know what the future will 22 bring. And, again, I use that more as a check on my 23 first method as opposed to using this as the 24 cornerstone of what I was advocating. 25 Q. Okay. Monsanto's not always been 782 HEDRICK COURT REPORTING YANKEL (X) P.O. BOX 578, BOISE, ID 83701 IIPA 1 treated as a system customer, has it? 2 A. No, it was -- about 20 years ago, it 3 was treated as a situs customer. 4 Q. And, in fact, didn't Counsel give to 5 you some testimony from 20 years ago when you were 6 discussing this issue? 7 A. Yeah. 8 Q. And I'd just like to run through a few 9 statements in that with you to see if you agree that 10 they still pertain. 11 Looking at that testimony on page 18, 12 you were asked to list reasons for assigning full 13 amount of revenues from Monsanto to the Idaho 14 Irrigation -- or, Monsanto and the Idaho Irrigation 15 interruptible load completely to the Idaho 16 jurisdiction, and first you stated Monsanto and the 17 Irrigation interruptible load is totally within the 18 state of Idaho, should be treated like every other 19 customer that is under the Commission's control; 20 that is, an Idaho jurisdiction customer. 21 That statement still holds true that 22 Monsanto is totally within the state of Idaho? 23 A. Yes. 24 Q. And second statement, second reason 25 you provide: Idaho's economy is disrupted when 783 HEDRICK COURT REPORTING YANKEL (X) P.O. BOX 578, BOISE, ID 83701 IIPA 1 Monsanto or the Irrigators receive interruption in 2 their power supply. These economic disruptions are 3 not shared with other jurisdictions? 4 A. That's correct. 5 Q. That would still be the case. 6 And, third: Even though 7 jurisdictions -- other jurisdictions -- are not as 8 actively seeking new interruptible loads like the 9 Idaho jurisdiction is, and even if all the revenues 10 from Monsanto and Irrigation interruptible loads 11 were assigned to Idaho, there would still be some 12 benefit that could be passed through to the other 13 jurisdictions. 14 Is that still the case if there would 15 be situs assignment or situs allocation of firm 16 service to Monsanto and system allocation of the 17 interruptible product? 18 A. There's a problem with this generally 19 there's been from obviously going into the entire 20 system. My reservation in this particular one deals 21 with the allocation of costs, the assignment of 22 costs. 23 The assignment of costs 20 years ago 24 is very different as I point out in my original 25 testimony than it is today. It was just strictly -- 784 HEDRICK COURT REPORTING YANKEL (X) P.O. BOX 578, BOISE, ID 83701 IIPA 1 Mr. Dunn never called it this but kind of pulled it 2 out of the air. He had a 50/50 split on demand or 3 fixed cost that he assigned to Monsanto and there 4 was more of a direct assignment within the 5 interjurisdictional process as well. Today, we 6 don't seem to have that division and, therefore, 7 that's why I guess I have a problem with this. 8 And my biggest problem with going to 9 situs now -- if there was a better way to define an 10 interruptible product numerically if that could be 11 passed through on an interjurisdictional basis, I 12 probably wouldn't have a problem with situs 13 treatment, but right today I don't feel we have a 14 good way to quantify and pass that through on a 15 jurisdictional basis, so that's kind of my 16 reservation on that one. But, yes, the benefit goes 17 to all jurisdictions. 18 MR. OLSEN: Madam Chair, I just have 19 just to clarify the record, could you identify what 20 that was that he was reading from, the prior 21 testimony? 22 MR. ERIKSSON: It is submitted in Case 23 No. U-1009-19. 24 MR. OLSEN: Okay. 25 Q. BY MR. ERIKSSON: And then the fourth 785 HEDRICK COURT REPORTING YANKEL (X) P.O. BOX 578, BOISE, ID 83701 IIPA 1 reason: Monsanto's and the Irrigators' rates are 2 only set by the Idaho Commission and are subject to 3 the laws of Idaho. 4 Still the case? 5 A. Yes. 6 Q. And would you agree that in light of 7 and recognizing that the limit of interruptibility 8 proposed by Monsanto, whether it's 800 hours or 9 1,000 hours, could be reached, and that the Company 10 must nevertheless consider and plan on serving 11 Monsanto's load in its planning of resources? 12 A. I've always been told that they never 13 plan to meet Monsanto's load, never plan on meeting 14 an interruptible load, just something that the 15 Company -- 16 Q. Let me read a statement to you and see 17 if you agree with it: 18 It must be remembered that Monsanto's 19 interruptible load is not, in fact, interruptible in 20 its entirety. Once the interruptible -- 21 interruptibility limits are reached Monsanto is 22 entitled to firm service, and the Company must 23 consider this possibility when designing its system 24 capacity. 25 Would you agree with that? 786 HEDRICK COURT REPORTING YANKEL (X) P.O. BOX 578, BOISE, ID 83701 IIPA 1 A. I agree with that. That's more of a I 2 guess a base load concern as opposed to a peak load 3 concern, but it certainly is a concern. So I mean 4 my first statement was in respect to what I've 5 always heard from the Company is they don't plan on 6 serving -- they don't plan on building plant for the 7 interruptible portion on a demand basis, but I would 8 assume they would have to on an energy basis, 9 especially given the kind of the hydro nature around 10 here. Hydro starts to dry up a little bit, you've 11 got a bit of a problem. But you do need after the 12 interruptions 1,000 hours, you know, 800 hours, 13 whatever. After that is used up, yes. 14 MR. ERIKSSON: And for the record, for 15 the Commission's information, that statement was 16 read from page 36 of Order No. 13448, Case No. 17 U-1009-84, which I believe Mr. Yankel -- maybe he 18 didn't refer to in his testimony. 19 THE WITNESS: '84? 20 MR. ERIKSSON: In any event -- 21 THE WITNESS: I think I commented. I 22 meant to. I had reviewed that, so, yes. 23 MR. ERIKSSON: And that is all I 24 have. Thank you. 25 COMMISSIONER SMITH: Thank you, 787 HEDRICK COURT REPORTING YANKEL (X) P.O. BOX 578, BOISE, ID 83701 IIPA 1 Mr. Eriksson. 2 Do you have questions, Mr. Woodbury? 3 MR. WOODBURY: Thank you, Madam 4 Chair. Just one, I believe. 5 6 CROSS-EXAMINATION 7 8 BY MR. WOODBURY: 9 Q. Mr. Yankel, you just had an exchange 10 with Mr. Eriksson with respect to I guess the system 11 or situs treatment of Monsanto, and you express some 12 unease in the proposed situs treatment in this case. 13 You do understand that PacifiCorp in this case is 14 proposing treatment of their firm load as situs and 15 their interruptible load as system, don't you, 16 because -- 17 A. I believe that's a change that I've 18 seen in the rebuttal testimony filed by the Company. 19 I guess I am still of the opinion that we should 20 stick with system until we get more of a definition 21 on a multistate jurisdictional basis. You know, 22 until that happens, there's no sense in I think 23 moving one way and going back and forth until that's 24 done. 25 Q. Well, assuming that we do stay with 788 HEDRICK COURT REPORTING YANKEL (X) P.O. BOX 578, BOISE, ID 83701 IIPA 1 system, to the extent that a value of 2 interruptibility is overvalued and rejected by other 3 jurisdictions, is there any risk of subsidy by other 4 Idaho customers, including the Irrigators? 5 A. The risk of subsidy depends upon how 6 much other jurisdictions -- and we're speaking 7 strictly of Idaho -- how much the Idaho jurisdiction 8 would be willing to pick up that shortfall. The 9 Idaho Irrigators, the Idaho residential customers, 10 would not pick up that shortfall if the Idaho 11 Commission in its rate-setting process on an 12 interjurisdictional basis defines the Idaho share to 13 be what it defines to be, which would be an 14 appropriate share, I would assume whatever they 15 would consider to be appropriate. 16 Now, other -- Utah Commission, Oregon 17 Commission may disagree with that. There would be 18 either a shortfall error or if they believe that 19 there is a subsidy, meaning Monsanto is being 20 underpriced, there would only be a subsidy if they 21 pick that up. So, unfortunately, I think the 22 problem would come back to the Company basically, 23 shortfall would go to the Company. 24 Q. I think it was addressed in the 25 testimony but it was also covered yesterday in 789 HEDRICK COURT REPORTING YANKEL (X) P.O. BOX 578, BOISE, ID 83701 IIPA 1 PacifiCorp's presentation that should there be a 2 shortfall, that they would come back to the Idaho 3 Commission and ask to recover those costs? 4 A. But I guess I believe that if this 5 Commission ruled -- not that they can't change its 6 ruling -- but if they ruled that they felt something 7 is fair, for the Company to come back and say let's 8 redo the whole process, I think the Commission would 9 probably stick with its first opinion on Monsanto 10 and allocate costs from there. I don't know, I've 11 not gone through the process, but I would think that 12 would be the case. 13 MR. WOODBURY: Thank you. Madam 14 Chair, no further questions. 15 COMMISSIONER SMITH: Thank you, 16 Mr. Woodbury. 17 I believe there are no questions from 18 the Commission. 19 Do you have redirect, Mr. Olsen? 20 MR. OLSEN: No, Madam. 21 COMMISSIONER SMITH: Thank you. 22 Then I believe that concludes all of 23 your witnesses. 24 MR. OLSEN: Yes, it does. 25 COMMISSIONER SMITH: Thank you. 790 HEDRICK COURT REPORTING YANKEL (X) P.O. BOX 578, BOISE, ID 83701 IIPA 1 (The witness left the stand.) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 791 HEDRICK COURT REPORTING YANKEL (X) P.O. BOX 578, BOISE, ID 83701 IIPA