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Home My WebLink About20071025IIPA to PAC 1-14.pdfW. MARCUS W. NYE RANDALL C. BUDGE JOHN A. BAILEY, JR. JOHN R. GOODELL JOHN B. INGELSTROM DANIEL C. GREEN BRENT O. ROCHE KIRK B. HADLEY FRED J. LEWIS MITCHELL W. BROWN ERIC L. OLSEN CONRAD J. AIKEN RICHARD A. HEARN, M. DAVID E. ALEXANDER LANE V. ERICKSON PATRICK N. GEORGE SCOTT J. SMITH STEPHEN J. MUHONEN BRENT L. WHITING JUSTIN R. ELLIS JOSHUA D. JOHNSON JONATHON S. BYINGTON DAVE BAGLEY CAROL TIPPI VOLYN THOMAS J. BUDGE CANDICE M. MCHUGH LAW OFFICES OF RACINE OLSON NYE BUDGE Be BAILEY CHARTE RE D BOISE OFFICE 101 SOUTH CAPITOL BOULEVARD, SUITE 208 BOISE, IDAHO 83702 TELEPHONE, (208) 395-001 I FAC5IMILE' (208) 433-0 187 201 EAST CENTER STREET POST OFFICE BOX 1391 POCATELLO, IDAHO 83204-1391 IDAHO FALLS OFFICE 477 SHOUP AVENUE SUITE 203A IDAHO FALLS, ID 83402 TELEPHONE' (208) 528-6101 FACSIMILE, (208) 528-6109 TELEPHONE (208) 232-6101 FACSIMILE (208) 232-6109 www.racinelaw.net COEUR D'ALENE OFFICE 250 NORTHWEST BOULEVARD, SUITE l08A COEUR D'ALENE, ID 83814 TELEPHONE, (208) 765-6888 SENDER'S E-MAIL ADDRESS: elo(!j)racinelaw.net October 23 , 2007 ALL OFFICES TOLL FREE(877) ~8101 Lotris F. RACI~1917-200S) WILPM O. OLS""""OF COUNSEL::,j;5 C) ?;J ~,:" \Oi -. -i """ (fY-;': N , ~ )/ (... JI g:~ '-- -c ;; (JT, J 4-?(l)Jean Jewell, Secretary Idaho Public Utilities Commission 472 W. Washington Street Boise, Idaho 83702 Dear Mrs. Jewel: Re:PA C-O 7- Enclosed for filing please find the original and three copies of Idaho Irrigation Pumper Association s Response to Rocky Mountain Power s Data Request. Thank you for your assistance. ELO:kb Enclosurescc: Service List (via e-mail) :z: Eric L. Olsen ISB# 4811 RACINE, OLSON, NYE, BUDGE & BAILEY, CHARTERED O. Box 1391; 201 E. Center Pocatello, Idaho 83204-1391 Telephone: (208) 232-6101 Fax: (208) 232-6109 r:EC:~~ ' lUG-) OCT 25 PH 3: 0 ! i IT;; ir;:"Pd, ~;' :1\~S!C;,d, ,-- I - Attorneys for the Idaho Irrigation Pumpers Association, Inc. BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF) ACIFICORP DBA ROCKY MOUNTAIN POWER FOR APPROVAL OF CHANGES TO ITS ELECTRIC SERVICE SCHEDULES CASE NO. P AC-07- RESOPNSE TO ROCKY MOUNTAIN POWER'S DATA REQUEST IDAHO IRRIGATION PUMPERS ASSOCIATION, INC.S RESPONSE TO ROCKY MOUNTAIN'S DATA REQUEST TO PACIFICORP IDAHO IRRIGATION PUMPERS ASSOCIATION, INc. ("lIP A"), by and through its attorneys, hereby submit their Response to Rocky Mountain Power s Data Request, pursuant to Rule 228 of the Idaho Public Utility Commission s Rules of Procedure, IDAPA 31.01.01, as follows: REQUEST NO.: Anthony J. Yanke!. At page 7 , lines 21-22 of your prefiled direct testimony, you recommend that for purposes of this case, the applicable provisions of the Revised Protocol InteIjurisdictional Allocation be "ignored " in favor of a system allocation of the costs of the Irrigation Load Curtailment program. Do you contend that Idaho can retain the benefits of the Revised Protocol, such as the $3.5 million rate mitigation cap provided in Rocky Mountain Power s original filing, if it ignores provisions of the Revised Protocol? Please IDAHO IRRIGATION PUMPERS ASSOCIATION INc.'S RESPONSE TO ROCKY MOUNTAIN POWER'S DATA REQUESTS - provide the basis for you position that Idaho can ignore provisions of the Revised Protocol in this case, along with an identification of any potential risks associated with Idaho ignoring provisions of the Revised Protocol. RESPONE TO REQUEST NO.Mr. Yankel's testimony addresses only one aspect of the Revised Protocol. He has not proposed that the entire document be ignored. Thus, he is not challenging the other benefits and obligations of the Revised Protocol. The basis for ignoring any of the specific positions of the Revised Protocol is summarized by the testimony of witness Andrea L. Kelly in Case No. PAC-02-3 at page 1 lines 16-19: Nothing in the Protocol shall abridge any State s right and/or obligation to establish fair, just and reasonable rates based upon the law of the State and the record established in rate proceedings conducted by the State. (Tony Yankel will sponsor this answer at the hearing. REQUEST NO.Anthony 1. Yankel. At page 28 of your prefiled direct testimony, you indicate that the Company s DSM report lacks detail in certain respects. What additional detail do you need that wasn t provided in the DSM report? What cost assumptions do you disagree with? RESPONE TO REQUEST NO.There are a number of areas in the DSM Report where there is no supporting data or assumptions. For example: There are a number of assumptions on page 36 that do not seem to balance: there have been participation rates in Idaho of 25%; PacifiCorp can increase the participation in Idaho to 50%; Idaho is expected to reduce load by 78 MW in 2007; and in 2027 the expected Idaho load reduction is only 93 MW. IDAHO IRRIGATION PUMPERS ASSOCIATION INC.'S RESPONSE TO ROCKY MOUNTAIN POWER'S DATA REQUESTS - 2 The $1 000 installation costs seem high.The historic (timer based) costs were significantly less than this. It is Mr. Yankel' understanding that the "Company Option timers are also being installed for less than this amount. The $10 per kW cost for ongoing maintenance seems high without any support provided. There is no indication of how assumptions come together to ultimately develop the Irrigation levelized cost figure of $47. (Tony Yankel will sponsor this answer at the hearing. REQUEST NO.Anthony J. Yankel. What criteria do you review and consider when forming an opinion as to the success of a residential time of day rate program? RESPONE TO REQUEST NO.There was no specific criteria considered or reviewed when forming the opinion regarding residential time of day rate programs other than that listed in , the testimony. Specifically, the fact that 47% of the energy to PacifCorp s Idaho Residential customers is on Schedule 36 suggests that it is more successful than only 86 Residential customers that Idaho Power is now serving under its TOD rate. (Tony Yankel will sponsor this answer at the hearing. REQUEST NO.Anthony J. Yanke!. What does "more successful" mean as you use that phrase to describe the Company s time of day rates at page 33 of your prefiled direct testimony? What defines a successful time of day schedule? RESPONE TO REQUEST NO.See the Response to Request No. "3" above. (Tony Yankel will sponsor this answer at the hearing. IDAHO IRRIGATION PUMPERS ASSOCIATION INC.S RESPONSE TO ROCKY MOUNTAIN POWER'S DATA REQUESTS - 3 REQUEST NO.: Anthony J. Yankel. When do you propose the increase in the load control incentive become effective? RESPONE TO REQUEST NO.: Because the load control incentive is only active during the irrigation season, it would start to be applied June 1 , 2008. The tariff would be effective upon the Commission s order when all other rate changes take place. (Tony Yankel will sponsor this answer at the hearing. REQUEST NO.: Anthony J. Yanke!. Do you agree that if the incentive is increased it will cause a corresponding increase in Idaho revenue requirement? RESPONE TO REQUEST NO.: No. (Tony Yankel will sponsor this answer at the hearing. REQUEST NO.: Anthony J. Yanke!. How do you propose the company recover the cost of incentive payments if other states do not agree that it should be system-allocated? RESPONE TO REQUEST NO.: This is one of any number of issues that could fit under the category of jurisdictional allocations. If: Nothing in the Protocol shall abridge any State s right and/or obligation to establish fair, just and reasonable rates based upon the law of the State and the record established in rate proceedings conducted by the State. Then, it is up to the Company to develop a method or procedure that recognizes that rates most be developed in each state that reflect what that State believes to be fair, just and reasonable under the laws of that State. (Tony Yankel will sponsor this answer at the hearing. REQUEST NO, 8 : Anthony J. Yankel. Do you propose the company pay money for IDAHO IRRIGATION PUMPERS ASSOCIATION INC.'S RESPONSE TO ROCKY MOUNTAIN POWER'S DATA REQUESTS - 4 incentive credits without the money being recovered through customer rates in Idaho or other Rocky Mountain Power states? RESPONE TO REQUEST NO.See response "7" above. (T ony Yankel will sponsor this answer at the hearing. REQUEST NO.Anthony J. Yankel. Please identify all differences between the Irrigation load curtailment program and demand side management programs relied upon by you in support of your contention that the irrigation load curtailment program costs should not be situs, but rather system-wide. RESPONE TO REQUEST NO.Mr. Yankel is not taking a position (system or situs basis) on the general treatment of all DSM programs. His recommendations are specific with respect to the Idaho Irrigation Load Management program. The July 11 2007 DSM Report lists four classes of DSM programs: Class 1 and 3 are capacity focused; Class 2 is energy efficiency focused, and Class 4 is educational/informational focused.The Idaho Irrigation Load Management program is considered a Class 1 (firm capacity) DSM program by the Company. Mr. Yankel sees no significant difference between this program and the Monsanto interruptions that would cause the Monsanto interruptions to be allocated system while the Irrigation Load Management would be allocated situs. (Tony Yankel will sponsor this answer at the hearing. REQUEST NO. 10 Anthony J. Yankel. You state in your testimony at page 16 that the load control incentives should be increased in part as a replacement of the BP A credit. If some or all of the BPA credit is restored, do you contend that incentives should then be decreased? IDAHO IRRIGATION PUMPERS ASSOCIATION INC.'S RESPONSE TO ROCKY MOUNTAIN POWER'S DATA REQUESTS - 5 RESPONE TO REQUEST NO. 10 Mr. Yankel's testimony at page 16 does not advocate that the load control incentives should be increased in part as a replacement ofthe BP A credit." Mr. Yankel's testimony on page 16 is that the BPA credit loss can be mitigated by providing a fully cost justified curtailment credit. He said nothing about simply increasing the curtailment credit. (Tony Yankel will sponsor this answer at the hearing. REQUEST NO, 11 Anthony J. Yankel. Please explain why you contend that the Idaho Public Utilities Commission must find a method to mitigate the loss of the BP A credit. Please identify all legal authority, treatise, or other documentation that you rely upon in support of your contention. RESPONE TO REQUEST NO. 11 There is no specific legal authority, treatise, or other documentation that Mr. Yankel relied upon to advocate that the Idaho Public Utilities Commission should find a method to mitigate the loss of the BP A credit. There is general ratemaking principle regarding continuity of service and rate shock. With Irrigators facing an 80% increase in costs, the prudent thing for the Commission and the Company to do is to find as many methods as possible to prevent this level of disruption. (Tony Yankel will sponsor this answer at the hearing. REQUEST NO. 12 Anthony J. Yanke!. Please identify all state regulatory commission decisions or other legal authority, treatise, or other documentation that requires or authorized the Idaho Public Utilities Commission to consider the BP credit when determining just and reasonable rates for Rocky Mountain Power s Idaho customers. IDAHO IRRIGATION PUMPERS ASSOCIATION INc.'S RESPONSE TO ROCKY MOUNTAIN POWER'S DATA REQUESTS - 6 RESPONE TO REQUEST NO, 12: Mr. Yankel has not relied upon any state regulatory commission decisions or other legal authority, treatise, or other documentation that requires or authorizes the Commission to consider the BP A credit when determining just and reasonable rates for Idaho customers. (Tony Yankel will sponsor this answer at the hearing. REQUEST NO. 13 : Does the IIP A believe Idaho should be allocated its share of system- allocated costs for similar programs in other states? RESPONE TO REQUEST NO. 13: The lIP A has not reviewed similar programs in other states. However, assuming that irrigation load curtailment programs in other states are similar to the program in Idaho, then those programs should be allocated on a system basis as well. (Tony Yankel will sponsor this answer at the hearing. REQUEST NO. 14 Please produce any and all documents that the lIP A expects or reasonably anticipates introducing into evidence at a hearing in the above-captioned docket. RESPONE TO REQUEST NO. 14 : At this time, the lIP A does not anticipate introducing any evidence that has not already been prefiled. However, the lIP A reserves the right to introduce additional exhibits or documents depending on other parties ' rebuttal testimony or evidence introduced at the hearing ofthis matter. IDAHO IRRIGATION PUMPERS ASSOCIATION INC.'S RESPONSE TO ROCKY MOUNTAIN POWER'S DATA REQUESTS - 7 DATED this Day of October, 20070ctober, 2007. ERIC L. OLSEN Attorneys for the Idaho Irrigation Pumpers Association, Inc. IDAHO IRRIGATION PUMPERS ASSOCIATION INC.'S RESPONSE TO ROCKY MOUNTAIN POWER'S DATA REQUESTS - 8 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this day of October, 2007, I served a true correct and complete copy of the Idaho Irrigation Pumpers Association, Inc.s Second Data Request to Pacificorp to each of the following, via U.S. Mail postage prepaid, e- mail or hand delivery: Jean Jewell (original and 3) Idaho Public Utilities Commission 472 W. Washington Street O. Box 83720 Boise, Idaho 83720-0074 E-mail: ;ean. ; ewell(ii),puc.idaho. gov S. Mail and via E-mail Data Request Response Center PacifiCorp 825 NE Multnomah St., Suite 800 Portland, OR 97232 E-mail: datarequest(iV,pacificorp. com via E-mail James R. Smith Monsanto Company O. Box 816 Soda Springs, ID 83276 E-mail: iim.r.smith(ii),monsanto.com via E-mail Maurice Brubaker Katie Iverson Brubaker & Associates l7244 W. Cordova Court Surprise 85387 E-mail: kiverson(ii),sconsultbai.com via E-mail Anthony Yankel 29814 Lake Road Bay Village, OH 44140 E-mail: tonV(lV,vankel.net via E-mail Idaho Irrigation Pumpers Association, Inc. c/o Lynn Tominaga . O. Box 2624 Boise, ID 83701-2624 E-mail: vnn tominaga(ii),hotmail. com via E-mail IDAHO IRRIGATION PUMPERS ASSOCIATION INC.'S EIGHTH DATA REQUEST TO P ACIFICORP - 9 Randllil C. Budge Racine, Olson, Nye, Budge & Bailey, Chtd. O. Box 1391 Pocatello, Idaho 83204-1391 Hand Delivery Brian Dickman Rocky Mountain Power 201 South Main, Suite 2300 Salt Lake City, Utah 84111 Email: brian.dickman~pacificorp.com via E-mail Dean Brockbank Justin Brown Rocky Mountain Power 201 South Main, Suite 2300 Salt Lake City, Utah 84111 E-mail: dean.brockbank~pacificorp.com E-mail: justin.brown~pacificorp.com via E-mail Tim Buller Agrium, Inc. 3010 Conda Road Soda Springs, Idaho 83276 E-mail: tbuller~agrium.com via E-mail Conley E. Ward Michael C. Creamer Givens Pursley LLP 608 W. Bannock Street O. Box 2720 Boise, ID 83701-2720 E-mail: cew~givenspurslev.com via E-mail Dennis Peseau, Ph. Utility Resources, Inc. 1500 Liberty Street S., Ste. 250 Salem, OR 97302 E-mail: dpeseau~excite.com via E-mail Neil Price Deputy Attorney General Idaho Public Utilities Commission O. Box 83720 Boise, Idaho 83720-0074 E-mail: Neil.priccm?uc.idaho.gov via E-mail IDAHO IRRIGATION PUMPERS ASSOCIATION INC.S EIGHTH DATA REQUEST TO PACIFICORP - 10 Scott Woodbury Deputy Attorney General Idaho Public Utilities Commission 472 W. Washington O. Box 83720 Boise, Idaho 83720-0074 E-mail: Scott. woodburv~puc.idaho. gov via E-mail Brad M. Purdy Attorney at Law 2019 N. 1 ih Street Boise, Idaho 83702 E-mail: bmpurdy~hotmail.com via E-mail Kevin B. Homer, Esq. 1565 South Boulevard Idaho Falls, Idaho 83404 E-mail: kbh~khomerlaw .com via E-mail Tim Shurtz 411 S. Main Firth, Idaho 83236 E-mail: tim~idahosupreme.com via E-mail John R. Hammond, Jr. Fisher Pusch & Alderman LLP S. Bank Plaza, 5th Floor 101 South Capitol Boulevard O. Box 1308 Boise, Idaho 83701 E-mail: ~fu Iaw.com.com via E-mail IDAHO IRRIGATION PUMPERS ASSOCIATION INC.'S EIGHTH DATA REQUEST TO P ACIFICORP - 11