20150612Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER REDFORD
COMMISSIONER RAPER
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:KEVIN KEYT
DATE:JUNEII,2015
RE:IDAHO POWER,AVISTA,AND ROCKY MOUNTAIN POWER TARIFF
REVISIONS TO IMPLEMENT THE RECENT AMENDMENT TO IDAHO
CODE §61-119,CASE NO.GNR-E-15-02.
Idaho Power.Avista Corporation,and Rocky Mountain Power recently filed tariff
advices that seek to modify their tariffs to comply with the Legislature’s 2015 amendments to
Idaho Code §61-119 (defining “electrical corporation”).Staff recommends that the Commission
issue an Order approving the tariff modifications effective July 1,2015.
BACKGROUND
Generally,the Public Utilities Law sets out a two-part test for determining what conduct
defines a “public utility”:1)any person or corporation that provides utility service (such as
electricity);and 2)for compensation in Idaho.Idaho Code §61-129.With the advent of electric
vehicles,concerns arose about whether persons or entities that “sell”electricity to re-charge the
batteries of electric vehicles might unintentionally become public utilities subject to Commission
regulation.Earlier this year,the Legislature passed 1-louse Bill (1-18)185 to preclude companies
that own or operate electric-vehicle charging stations from being Commission-regulated public
utilities.See HR 185,Statement of Purpose.In summary,FIB 185 amends Section 61-119’s
definition of “electrical corporation”by creating an exception for those companies that purchase
electricity “from a public utility ..to charge the batteries of an electric motor vehicle as
provided by order or rule of the commission.”This amendment takes effect on July 1,2015.
DECISION MEMORANDUM i JUNE 11,2015
THE TARIFF ADVICES
On May 28,2015,Idaho Power filed modifications to Tariff Schedule No.101.The
tariff revision modifies the “Limitation of Use”provision of Rule C to comply with the recent
amendment to Section 61-119.Idaho Power has requested that the revised Schedule modi1’ing
the “Limitation of Use”provision of Rule C become effective on July 1,2015.
On June 4.2015,Avista filed modificalions to its Tariff Schedule No.70.The tariff
revision modifies the “Supply and Use of Service”section to incorporate the amendment to
Section 61-119.Avista also incorporated one minor housekeeping change to the proposed tariff
sheet.Avista has requested that the revised Schedule modifying the “Supply and Use of
Service”be approved with a July 1,2015 effective date.
On June 9,2015,Rocky Mountain Power filed modifications to its Tariff Schedule No.I.
The tariff revision modifies the “Customer’s Use of Service”provision to comply with the recent
amendment to Section 61-119.Rocky Mountain has requested that the revised Schedule
modifying the “Customer’s Use of Service”provision be approved with a July 1,2015 effective
date.
STAFF REVIEW AND RECOMMENDATION
Staff reviewed the three utilities’revised Schedules and finds them in compliance with
the amended Section 61-119.Given that the amendment requires the Commission to issue a rule
or Order,Staff recommends that the Commission issue a generic order approving the Schedules
with a July 1,2015 effective date.
Avista and Rocky Mountain filed their new Tariff Schedules less than thirty days before
the July 1,2015 proposed effective date.Section 61-307 and Rule 134.02 generally prohibit
tariff changes on less than 30 day’s notice “unless the Commission by order approves an earlier
effective date for good cause shown.”Staff recommends that the Commission find good cause
to make the Tariff Schedules effective July 1,2015,because the proposed July 1 effective date
for Avista’s and Rocky Mountain Power’s new Schedules coincides with the effective date of the
new law.
DECISION MEMORANDUM 2 JUNE 11,2015
COMMISSION DECISIONS
1.Does the Commission find that the proposed Tariff Schedules are reasonable and in
accordance with the recent amendment to Section 61-119?
2.Does the Commission find “good cause”to approve Avista Corporation’s Tariff
Schedule No.70,and Rocky Mountain Power’s Tariff Schedule No.I on less than 30-days
notice?
1<evin Keyt
UdmcmDsiCar Chg Dcc Memo
DECISION MEMORANDUM 3 JUNE 11,2015