20081226Decision Memo.pdf

DECISION MEMORANDUM
TO:CO MMISSI 0 NER RED FORD
COMMISSIONER SMITH
COMMISSIONER KEMPTON
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:TERRI CARLOCK
DATE:DECEMBER 24, 2008
RE:TLANT A POWER COMPANY CASE NO. A TL-08-
On December 19, 2008 the Commission issued Order No. 30704 in Case No, A TL-08-
Per this order, the Atlanta Power Annual Report for 2007 is to be filed by December 31 , 2008 with
the 2009 Annual Report to be filed by April 15, 2009. The Company claims it is unable to file the
2007 Annual Report by December 31 , 2008 if it files the report following the Commission Order.
Atlanta Power and the Staff have entered into the attached Memorandum of Understanding
(MOU), have filed it with the Commission and request Commission acceptance of this MOD. The
MOU acknowledges that additional time is warranted for the Company to follow the directives in
Order No. 30704 when filing its 2007 Annual Report. Without the extension oftime a revised
report would be required later. The 2007 Annual Report will be filed no later than March 1 , 2009
and the 2008 Annual Report will be filed no later than April 15 , 2009.
COMMISSION DECISION
Does the Commission accept the Memorandum of Understanding and authorize the 2007
Annual Report to be filed no later than March 1 , 2009 with the report following the directions stated
in Order No. 30704?
J.wU~ck?
Terri Carlock
TC:udmemos/Atlanta Power 08
DECISION MEMORANDUM - 1 -DECEMBER 24, 2008
MEMORANDUM OF UNDERSTANDING
Atlanta Power Company, Inc. (Company or Applicant) and the Staff of the Idaho
Public Utilities Commission (Staff) agree with the following procedure for the Company to
comply with the requirements of Idaho Public Utilities Commission (Commission) Order No.
30704 in Case No. ATL-08-02. In this Order dated December 19, 2008 , the Commission
directed the Company to file its 2007 Annual Report with the Commission no later than
December 31 , 2008.
At the time Case No. ATL-08-02 was being prepared; the Company met with Staff
,and discussed its proposed test year. The Company proposed the use of calendar year 2006 for
the test year rather than the more recent year of 2007 which was not a typical year for the
Company. The Company claims it had for a number of years experienced turmoil regarding its
ownership, management and record retention. Therefore, the Company also proposed to work
with the Staff to establish sound financial reports in compliance with the Commission s financial
reporting requirements subsequent to the Staff Audit and the Commission s final Order in Case
No. ATL-08-02.
With Order No. 30704 being issued on December 19, 2008, the Company cannot
meet the December 31 , 2008 deadline to file the 2007 Annual Report as directed by the Order.
The Company and Staff agree that the Company will compile its 2007 financial data
in a manner acceptable to Staff. The Company will combine that data together with the 2006
data, restated in compliance with Commission Order No. 30704, to prepare 2007 financial
statements upon which both parties to this memorandum can agree.
To accomplish this, the Company will compile its information for presentation and
discussion with the Staff. The restated 2006 data in compliance vyith the Commission s Order
will be used to compile the 2007 data to produce financial results acceptable to both parties for
preparation of the Company s 2007 report~to the Commission. The.final 2007 Annual Report to
the Commission will be filed no later than March 1 , 2009. With this beginning point, the
Company will be prepared to file its 2008 Report in a timely manner.
MEMORANDUM OF UNDERSTANDING
Dee 24 08 11 :44a Robert Smith [phone]
DATED this :L day of December 2008.
ATLANTA POWER COMPANY IDAHO PUBLIC UTILITIES
COMMISSION STAFF
~~~
Scott D. Woodbury
~np!"",1 Dep"Uty Attorney General
Israel Ray, President
Atlan1a Power Company
MEMORANDUM OF UNDERSTANDING
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