20070122Stipulation.pdf

Dean Brockbank
Rocky Mountain Power
201 South Main, Suite 2300
Salt Lake City, UT 84111
Telephone: [phone]
Fax: [phone]
Email: Dean.Brockbank~PacifiCorp.com
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IU,'I.!'JO FLIUi_
UTiliTIES CC;,\iViISSIO"
Attorney for Rocky Mountain Power
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE PETITION
OF P ACIFICORP TO DETERMINE
THE APPROPRIATE FUNDING
STRUCTURE OF ITS SCHEDULE 21
CASE NO. PAC-O6-
STIPULATION
This stipulation ("Stipulation ) is entered into by and between the Idaho Public Utilities
Commission Staff ("Staff'), Rocky Mountain Power, a division ofPacifiCorp ("Rocky Mountain
Power" or the "Company ) and the Community Action Partnership Association of Idaho
CAP AI") (collectively referred to as the "Parties ) as of January
&,
2007.
I. INTRODUCTION
The terms and conditions of this Stipulation are set forth herein. The Parties
agree that this Stipulation represents a fair, just and reasonable compromise ofthe issues raised
between the Parties and that this Stipulation is in the public interest. The Parties, therefore
recommend that the Public Utilities Commission ("Commission ) approve the Stipulation and all
of its terms and conditions. Reference IDAPA 31.01.01.271 , 274.
II. BACKGROUND
On September 1 , 2006, Rocky Mountain Power filed a petition seeking a
declaratory order that the Company s current funding structure for its Low Income
STIPULATION - Page
Weatherization Program contained in tariff Schedule 21 is just and reasonable. On September
, 2006, CAP AI petitioned to intervene. On October 3 , 2006, the Commission granted
intervenor status to CAP AI.
On December 14, 2006, in an attempt to settle all outstanding issues in this
docket, pursuant to IDAP A 31.01.01.271 , Staff, CAP AI and Rocky Mountain Power met to
discuss possible settlement. The Parties tentatively settled all outstanding issues in this docket
and by this Stipulation memorialize that settlement.
Based upon the settlement discussions between the Parties, as a compromise of
the positions in this proceeding, and for other consideration as set forth below, the Parties agree
to the following terms:
III. TERMS OF THE STIPULATION
Rocky Mountain Power will fund all cost-effective, United States Department of
Energy ("DOE") weatherization measures for electrically heated houses, and as indicated by a
Savings to Investment Ratio ("SIR") greater than or equal to 1. Rocky Mountain Power funding
is subject to the terms and conditions set forth in this Stipulation and Rocky Mountain Power
Service Schedule 21.
Effective April 1 , 2007 , Rocky Mountain Power will modify Service Schedule 21
to provide rebates for a maximum of seventy-five percent (75%) ofthe total cost associated with
approved weatherization measures, with no cap imposed for how much money can be spent on a
per-home basis. Provided, however, that Rocky Mountain Power will never pay more than 75%
of the costs of a home weatherization, even if federal funding has been exhausted.
CAP AI agrees to stay out of and not intervene in or otherwise participate, directly
or indirectly, in any proceedings with the intent of modifying Service Schedule 21 or any Rocky
Mountain Power weatherization programs in Idaho from April 1 , 2007 to March 31 , 2009.
STIPULATION - Page 2
F or the period of April 1 , 2007 through March 31 , 2009, the overall annual
spending cap for Service Schedule 21 remains unchanged at $150 000 such that under no
circumstances shall Rocky Mountain Power be required to pay more than an annual aggregate
amount of $150 000 on weatherization programs in Idaho.
The Parties acknowledge that after March 31 , 2009, Rocky Mountain Power will
conduct a cost-effectiveness study, analyzing Service Schedule 21 based on actual homes
weatherized to ensure that the program is a cost-effective demand-side management program.
Rocky Mountain Power will submit the results of that study to the Commission. Nothing in this
provision should be interpreted as acceptance on the part of CAP AI of the validity or
applicability of any cost-effectiveness study to the weatherization program.
10.The Parties agree that this Stipulation represents a compromise of the positions of
the Parties in this proceeding. Other than the above-referenced positions and any testimony filed
in support of the approval ofthis Stipulation, and except to the extent necessary for a Party to
explain before the Commission its own statements and positions with respect to the Stipulation
all negotiations relating to this Stipulation, and this Stipulation itself, shall not be admissible as
evidence in this or any other proceeding regarding this subject matter in Idaho or in any other
jurisdiction, nor shall this Stipulation have any precedential effect whatsoever.
11.The Parties submit this Stipulation together with the attached redline of Electric
Service Schedule No. 21 , attached hereto and made apart hereof as Exhibit A, to the Commission
and recommend approval in its entirety pursuant to IDAP A 31.01.01.274. The Parties shall
support this Stipulation before the Commission, and no Party shall appeal any portion of this
Stipulation or Order approving the same. If this Stipulation is challenged by any person not a
party to the Stipulation, the Parties to this Stipulation reserve the right to cross-examine
witnesses and put on such case as they deem appropriate to respond fully to the issues presented
including the right to raise issues that are incorporated in the settlement embodied in this
Stipulation. Notwithstanding this reservation of rights, the Parties to this Stipulation agree that
they will continue to support the Commission s adoption of the terms of this Stipulation.
STIPULATION - Page 3
12.In the event the Commission rejects any part or all of this Stipulation, or imposes
any additional material conditions on approval of this Stipulation, each Party reserves the right
upon written notice to the Commission and the other Parties to this proceeding, within 15 days of
the date of such action by the Commission, to withdraw from this Stipulation. In such case, no
Party shall be bound or prejudiced by the terms of this Stipulation, and each Party shall be
entitled to seek reconsideration ofthe Commission s order, file testimony as it chooses, cross-
examine witnesses, and do all other things necessary to put on such case as it deems appropriate.
13.The Parties agree that this Stipulation is in the public interest and that all of its
terms and conditions are fair, just and reasonable.
14.No Party shall be bound, benefited or prejudiced by any position asserted in the
negotiation of this Stipulation, except to the extent expressly stated herein, nor shall this
Stipulation be construed as a waiver ofthe rights of any Party unless such rights are expressly
waived herein. Execution ofthis Stipulation shall not be deemed to constitute an
acknowledgment by any Party of the validity or invalidity of any particular method, theory or
principle of regulation or cost recovery. No Party shall be deemed to have agreed that any
method, theory or principle of regulation or cost recovery employed in arriving at this Stipulation
is appropriate for resolving any issues in any other proceeding in the future. No findings of fact
or conclusions of law other than those stated herein shall be deemed to be implicit in this
Stipulation.
15.The obligations of the Parties under this Stipulation are subject to the
Commission s approval ofthis Stipulation in accordance with its terms and conditions and, if
judicial review is sought, upon such approval being upheld on appeal by a court of competent
jurisdiction.
STIPULATION - Page 4
Respectfully submitted this &th day of January, 2007.
By:
Its:
Idaho Public Utilities Commission, Staff
~;:
~I
Community Action Partnership Association
of Idaho
By:
Its:
STIPULATION - Page 5
Jan 22 07 11: 48a Brad M. Purd~2083848511
Respectfully submitted this &'h day of January, 2007..
By:
Its:
Community Action Partnership Association
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STIPULATION - Page
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STIPULATION - Page 6
STIPULATION EXHIBIT A
(Revisions to Service Schedule No. 21)
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~OUN1.-.
Co No.First Revision of,s eetN'().)J,Original
Cancelinl!:Ori inal Sheet No. 21.1
ROCKY MOUNTAIN POWER
ELECTRIC SERVICE SCHEDULE NO. 21
STATE OF IDAHO
Low Income Weatherization Services
Optional For Income Qualifying Customers
PURPOSE: Service under this schedule is intended to maximize the efficient utilization of the
electricity requirements of existing residential dwellings inhabited by customers that meet income
guidelines through the installation of energy efficient materials. The decision to extend service under this
schedule shall be based upon the eligibility requirements contained herein.
AVAILABILITY: This tariff is applicable to residential customers in all territory served by the
Company in the state of Idaho.
ENERGY CONSERV AnON SERVICE TO LOW INCOME CUSTOMERS:
This program is available to existing single family and multi-family residential units. It is
intended to reduce the electricity requirements and increase the penetration of weatherization and
electric efficiency measures in residential dwellings inhabited by low income households through
the installation of permanent energy efficiency materials. The decision to extend service under this
schedule shall be based on eligibility requirements contained herein.
Definitions:
Dwelling" is real or personal property within the state inhabited as the principal
residence of a dwelling owner or a tenant. "Dwelling" includes a manufactured
home, a single-family home, duplex or multi-unit residential housing. "Dwelling
does not include a recreational vehicle.
Duplexes and fourplexes are eligible if at least one half of the dwelling is
occupied by low income tenants.
(Continued)
-------..--...___
___H_'_._U'UU
I Submitted Under Docket No. P AC-06-1 0 -Advice Letter No. 07-
I ISSUED: January 10,2007 EFFECTIVE: April I. 2007
Deleted: 06-
Deleted: August 15 2006
.. ..
( Deleted: September 15, 2006
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I.P.C. No.J'irst Revision of.s
"~~.
N'~'
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Deleted: Original
Cancelin Ori inal Sheet No. 21.2
ELECTRIC SERVICE SCHEDULE NO. 21 - (Continued)
Definitions (Continued):b. Triplexes and multi-family dwellings are eligible if at least 66% of the units
are occupied by low income tenants.
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Deleted: ~
funds for installation of energy efficiency materials in low income properties.
Low Income" means households qualifying under the fed~r~!..
!().
~..i.~(;~~e Deleted: federal
guidelines and certified for eligibility according to agency procedure, Income
eligibility is based on 150% of federal poverty guidelines.
Major Measure" means ceiling insulation, wall insulation, floor insulation and
window replacements applicable in dwellings with permanently installed electric
space heating systems. When cost-effective (Savings to Investment Ratio
("'
SIR"
of 1.0 or greate~(ls. cleten!1ined~vaU.- Dep(jrtment of ~n(:rg;vJ"DO~'1 aQpr(jved..
----
energv audit).all major measures must be installed or in place or financial
assistance under this schedule will not be offered, If physical barriers exist that
prohibit the installation of a measure, then the measure is not required as a
condition for financial assistance under this schedule.
( Deleted: ),
Supplemental Measures and Additional Measures" are not required measures
under this schedule, but may qualify for a Company reimbursement.
Financial Assistance:
The Company will reimburse Agency .u.'Yo o(the installe co!,t ofa!l(:ligible
----
Deleted: 50
Energy Conservation Measures listed in Section C of this Tariff. ~ei~bll.~~e!l!5~nt!'--
. .
' Deleted: If participating Agencies
on weatherized homes will be provided one time only on any individual measure exhaust weatherization funds they are
provided through federal sources
an up to two times per we mg, n mcentlve WI e proV! e a secon time on y Company will reimburse \00% ofcosts
on dwellings originally treated before October I , 1993, associated with the installation of eligible
Energy Conservation Measures.
(Continued)
. .
- Deleted: Agencies will not delay
serving Company customers in order to
obtain funding at the 100% level.
Agencies must notify Company when
other funds are depleted, no less than 30
days prior to billing at the 100%
reimbursement level.
. -
~ted: Advice No. 06-
..... --. -........ -- .
r Deleted: August 14 2006
:::. .
( Deleted: September 15 2006
T.........
I Submitted Under Docket No. P AC-06-1 0 - Advice Letter No. 07-
I ISSUED: J anuarv 10, 2007 EFFECTIVE: April 1, 2007
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c. No.irst Revision of ~t;et.l'II!.
~!)-"-- -
Deleted: Original
Cancelin Ori inal Sheet No. 21.3
ELECTRIC SERVICE SCHEDULE NO. 21 - Continued
~ --- _--
_hh--_----_-----_uuuu_--------...-----u----------_--_un----_--U_-_U--"-----n 1 Formatted: Font: 8 ptFinancial Assistance (Continued):
The Company will reimburse Agency for administrative costs based on 15% of
..R.()cky. ~10ll11!ai!l 1.'()~~(_
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Deleted: Utah
total administrative payment per building:
Dwelling Units in Building Maximum..A.d:~i.l)i~!~~_tjx~X1!Y!!l..~I)!..mnnm Deleted: UP&L1 to 4 $3505 to 10 $80011to15 $120016 to 20 $140021 to 25 $160026t030 $180031+ $2100
I "--------,---______n_m______-______nnnnnn______n__u---______mm______--,.,..______n___n_______
___
__n______--_nn ( Formatted: Font: 8 pt
The minimum reimbursement will be $150 on homes with one or more Major Measure
installed and $50 on homes without the installation of a Major Measure.
I .......---------.------
---
--_.._-------------______n___
_" ----- ------------------
,-------------_..--_n'-- -..__.._--n
--- -----
j Formatted: Font: 8
Agencies must invoice Company within 120 days of job completion.
A maximum of $150 000 in Company reimbursements will be available annually
(April 1 through March 31). Reimbursements related to health and safety measures
are limited 10 15'70 oflhe annual cost of total iobs performed bv each agency,
Energy Conservation Measures
-- ......-..................-- -- --".................. --- ...............- - ---
....m - --_m"",
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\FOrmatted:Font:8pt
Financial assistance will be provided based on the results of a cost effective analysis
through a Department of Energy approved energy audit. The energy efficient measures
eligible for funding ,J11ust - ~~ - il).1!lled. - in 4'Y~Il i!!gs ~i~h
- _
~~!!entl)' - i!!s~all~~--9jJe!_~bl~- -
"--
' - Deleted: (Savings to Investment Ratio
electric space heat except where noted. All MaioI' and Supplemental Measures indicated is 1.0 or greater)
belo\v mav qualif\' for a companv reimbursement when audit results indicate a measurc has
a Savings to Investment Ratio of 1.0 or greater.The energy efficient measures that may be
eligible for funding are listed as follows:
I "
I .
-- --- . ". ..... . --- -.----..--...-------.----"'--"'--""----"
Major Measures - Electric Heating System Required:
--_----mm
--_----............----..--
Formatted: Font: 8 pt
Ceiling insulation up to R-48 for ceilings with less than R-30 in place. R- ~eleted: ~
30 or better attics will not be further insulated. l II
L________nn_-_..--______nmmm- - ,- --______nm_'.nnmn
/~:'
r;eleted: Advice No. ~6
:~~
(Contiiiue"dr .
--.----. ... ..--..---- -- -. .--..--' "
eleted:AugUst14 2006
( Deleted: September 15 2006
c...--.
I Submitted Under Docket No. P AC-06-1 0 - Advice Letter No, 07-
I ISSUED: Januarv 10, ZOO7 EFFECTIVE: April 1.2007
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c. No.First Re\'ision of.sl1eet)'II().Deleted: Original
Cancelin Ori inal Sheet No. 21.4
ELECTRIC SERVICE SCHEDULE NO. 21 - Continued
Energy Conservation Measures:(Continued)
Floor insulation over unheated spaced up to R-30,
Wal1 insulation up to R-26 for walls with no insulation installed (financing will not
be available for the instal1ation of urea-formaldehyde wall insulation).
Replacement windows with a U-value of 0.35 or less.
Nothing shall preclude the Company from providing a reimbursement for the
installation of a greater R value on insulation for the above items that are determined to be
cost effective Qilltis _1 ,- ()r ,gre!iter) _throug~_t~e !iu~it ):Jro~~s~, -.. - -.. - - -- - - -- - - - - - - - -.. - - -.. - -.. - - no
- -
1 Deleted: Savings to Investment Ratio
Supplemental Measures - Electric Heating System Required:
Attic ventilation, _
~~_
u~l.ing--P9_~~~- ::~~tiJ!l_t~rs
, -~~-()!~- _
~9_1!~~- _I11~~~!ln!c!ll
- _
'::'~n~i a~i()n
- -,- -' - -
Deleted: ,
and spot ventilation for kitchen and baths
,,--_. '
Weather stripping and/or caulking, including blower door assisted air sealing and
duct sealing,
Deleted: when installed with ceiling
insulation (required if needed at the time
ceiling insulation is installed).
Deleted:at time ceiling insulation is
installed. ~
Deleted: when installed with floor
insulation; other vapor barrier materials
as required when installed with floor or
ceiling insulation.
Ground cover and water pipe wrap in homes with an electric water heater,
._--_
Forced air electric space heating duct insulation and sealing in unheated spaces.
Thermal doors.
(Continued)
~------------_._--_...._...._.._----_.._-_.._-----------' j
Deleted: Advice Letter No. 06-
( Deleted: August 14 2006
' :-
( Deleted: September 15 2006
I Submitted Under Docket No, P AC-06-1 0 - Advice Letter No, 07-
I ISSUED: Januarv 10,2007 EFFECTIVE: April I, 2007
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I.P.c. No. I First Revision of'sl1eet1'l().5 ---Deleted: Original
Cancelin Ori inal Sheet No. 21.5
ELECTRIC SERVICE SCHEDULE NO. 21 - Continued
Energy Conservation Measures: (Continued)
Supplemental Measures - Electric Heating System Required (continued)
Timed thennostats on centrally controlled multi-room heating/cooling systems
except when used with heat pumps. Heat anticipating type thermostats for zonal
electric resistance heating systems.
Storm Windows
Electric furnace repair and replacement.
Additional Measures - No Electric Heating System Requirement:
T -
T. .
Pipe insulation, energy efficient showerheads and aerators where electric water
heaters are present.
Compact fluorescent light bulbs applicable in all homes - limit 8 Energy Star
certified bulbs per home placed in fixtures that are on 2 hours or more per day.
Existing Refrigerator models with annual usage listed in the Weatherization
Assistance Program Technical Assistance center database as 900 kWh or greater
may be replaced with an Energy Star model with estimated annual consumption of
500 kWh or less. Replaced refrigerators must be removed and recycled in
accordance with EP A guidelines.
::l_______l~lectric water heater relJair and replacement.
Measures that promote health and safetv related to electricity usage,
Provisions of Service for Energy Conservation Service to Low Income Customers
iY1e!lSur~_s _.iI1~~al!~_d - - a~~--iI~t,?nde~
~q
- - in1proy',? - _\lpg_I'! --the - ~le(;!!'i(; - - ~.fli(;h~I1_ci,?~- - of
participating homes and must be included in the u.S. Department of Energy
Weatherization Assistance Program available to Agency,
- --.. - -- -- - -- -- -- - - -- - - ---------- ---.- --......... -- ...----- ..------....-----------
(Continued)
I Submitted Under Docket No, P AC-06-l 0 - Advice Let1er No. 07-
I ISSUED: Januarv 10.2007 EFFECTIVE: April 1. 2007
Deleted: An Energy AudiI must
, completed by the Agency prior to
.. installation of the Major Measures by theAgency. - -
Deleted: 2. . Agency must qualify
residential customers for assistance using
the Federal Low Income guidelines.
Deleted: 3. , Installation shall meet
Federal, State and local building codes.
.l Deleted: Advice Letter No. 06.
Deleted: 4. . Measures installed under
this schedule shall not receive financial
incentives from other Company
programs.
"#"Agency shall inspect the installation
to insure that the weatherization meets or
exceeds required specifications.
-( Deleted: August 14 2006
'::
( Deleted: September 15 2006
~~~~~OllI\lT AIN
C. No.First Revision of Sheet No. 21.6
Canceling Original Sheet No. 21.6
ELECTRIC SERVICE SCHEDULE NO. 21- (Continued)
Provisions of Service for Energy Conservation Service to Low Income Customers
(Continued)
DOE-approved energy audit must be completed by the Agency prior to
installation of Major and Supplemental Measures.
Agency must qualify residential customers for assistance using the Federal low
income guidelines.
Installation shall meet Federal, state and local building codes.
Measures installed under this schedule shall not receive financial incentives from
other Company programs.
Agency shall inspect the installation to insure that the services meet or exceed
required specifications.
Company may audit Agency weatherization and financial records and inspect the
installations in dwellings of customers receiving services under this program
Company shall pay Agency the amount established under the terms of their contract
when provisions of this schedule have been met.
ELECTRIC SERVICE REGULATIONS: Service under this schedule is subject to the
Electric Service Regulations of the Company on file with and approved by the Idaho Public Utilities
Commission, including future applicable amendments and additional regulations prescribed by regulatory
authorities.
Submitted Under Docket No. PAC-06-10 - Advice Letter No. 07-
EFFECTIVE: April 1 , 2007ISSUED: January 10 2007