19930712Final_Order_No_25634.pdf

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JUL t 2 1994
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN TIIE MATTER OF TIIE ADOPTION OF A
CURTAILMENT PLAI\I FOR ELECTRICAL
ENERGY FOR TIM STATE OF IDAHO.
CASE NO. GNR-8.93-2
ORDER NO. 25634
On November 24, 1993, this Commission issued Order No. 25259 in this case
directing all suppliers of electic power in the state of Idaho to file individual electic curtailment
plans pursuant to ldaho Code $ 6l -53 1. The Commission adopted the Regional Curtailment Plan
prepared by the Northwest Load Curtailment Plan Task Force as a working guideline for the
development of the State Curtailment Plan in Order No. 25259. The Commission made one
modification to the regional plan dealing with the penalty provision found in Section VI.A.S.
The penalty provision sets forth a predetennined cents per kWh penalty to be imposed upon
customers who use excessive energy during the mandatory curtailment phase of the plan. Rather
than establish a predetermined penalty, the Commission ruled in Order No. 25259 that it
preferred a statement to the effect that the Commission will "utilize financial penalties to ensure
compliance with the plan if deemed necessary at the time of mandatory curtailment." Order No.
25259 p.2. Thus, the Commission adopted the regional plan with the foregoing modification.
There are 31 electric suppliers operating in Idaho. Many of them are not regulated
by the Commission. Of the 31 electic suppliers, 28 have made some form of filing in response
to Order No. 25259. Generally, all electic suppliers have filed one of the two following types
of plans:
Modified Regional Plan
The Modified Regional Plan is the May 22, 1992 frnal draft of the Regional
Curtailment Plan with Section VI.A.S, penalties for non-compliance, modified to read as follows:
The Commission will take whatever measures are available and
appropriate, including the imposition of financial penalties, at the time
mandatory curtailment is instituted to ensure that consumers comply with
the mandates of the plan.
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IoRDER NO. 25634
Idaho Cooperative Utilities Association (ICUA) Plan
The ICUA is a collaboration of electic co-ops who have joined together in this
proceeding to file a uniform plan. The ICUA Plan is the same as the Modified Regional Plan
except that along with the modification to the penalties provision, the ICUA plan removes some
of the administative burden on the utility by exempting each supplier from the mandatory
auditing and enforcement provisions of stages 3,4 and 5 of the Regional Plan with the caveat
that auditing and enforcement be performed as needed by the supplier's wholesale power source,
or the Commission as deemed appropriate. This auditing function would involve taking a
monthly sampling of each supplier's customer usage to determine whether they were complying
with the mandatory curtailment phase of the Plan. The ICUA states that it is attempting to
negotiate a contract for this service with the BPA.
The following is a list of all electric suppliers operating in Idaho and the plans that
they have filed.
Albion Light & Water No filing
Atlanta Power Co lnformally requested exemption
Bonners Ferry Light & Water Inforrrally responded-will accept the
Modified Regional Plan
City of Burley Modified Regional Plan
Clearwater Power ICUA Plan
Declo Municipal Electric Dept.No filing
East End Municipal Co.ICUA Plan
Fall River Electric ICUA Plan
City of Heyburn Modified Regional Plan
Idaho County Light & Power ICUA Plan
City of Idatro Falls Modified Regional Plan
Idaho Power Modified Regional Plan
Inland Power & Light Requests approval of its Washington
Plan when a final plan is put in place
in Washington
Kootenai Electic ICUA Plan
Lost River Electric ICUA Plan
2oRDER NO. 25634
Lower Valley Power & Light Filed its Wyoming approved plan
Minidoka Electric Dept.No filing
Northem Lights ICUA Plan
Pacific Power Modified Regional Plan
Plummer Electric Dept.Modified Regional Plan
Raft River Electric ICUA Plan
Riverside Electric Co.ICUA Plan
City of Rupert Modified Regional Plan
Rural Electric ICUA Plan
Salmon River Electric ICUA Plan
Soda Springs Municipal Inforrrally responded-will accept the
Modified Regional Plan
Southside Electric ICUA Plan
Unity Light & Power ICUA Plan
Utah Power & Light Modified Regional Plan
Washington Water Power Modified Regional Plan. Also, the
Company retains the right to buy
down large customer loads.
City of Weiser Modified Regional Plan
FINDINGS
Idaho Code $ 6l-531 provides:
6l-531. Plan for Curtailment of Electic or Gas Consumption.-The Idaho
Public Utilities Commission shall forthwith direct and require all suppliers
of electric power and energy, or natural or manufactured gas, including
those otherwise excepted under $ 61-104, Idaho Code, except agencies of
the federal govemment, to file with the Commission, within a designated
time period, a plan for the curtailment of electric or gas consumption
during an emergency period.
Idaho Code $ 6l-532 provides for the procedural handling of individual utility curtailment plans
in the following manner:
6l-532. Adoption or Rejection of Plans-Procedure.-The Commission,
after notice and hearing pursuant to its rules of practice and procedure,
3oRDER NO. 25634
shall consider and act upon the plan or plans submitted and may adopt or
reject such plan or plans, for such curtailment. In acting upon such plan
or plans, the commission shall consider the following factors:
(a) The consistency of the plan with the public health, safety and
welfare;(b) The technical feasibility of implementation of the plan; and
(c) The effectiveness with which the plan minimizes the impact of any
curtailment.
Idaho Code $ 61-533 provides that the Commission shall have the authority to
"declare an emergency" upon a finding that an "inadequacy or insuffrciency of electric power
and energy" threatens the health, safety and welfare of the citizens of the state.
Finally, Idaho Code $ 6l-534 states that upon the declaration of an emergency, the
Commission shall have the authority to require all suppliers of elecfric power and energy to
curtail electric service in accordance with their plans on file with the Commission. In addition,
$ 6l-535 provides that, in addition to the powers otherwise granted in Title 61, the commission
may, upon the declaration of an emergency, order the curtailment of electric power as it finds
"reasonable and necessary."
We find that all of the plans actually filed satisff both the statutory requirements of
Idatro Code as well as the Commission's prior orders in this proceeding. With regard to Lower
Valley Power and Lighg we note that only approximately 1200 of that supplier's 16,800
customers are located in Idaho and the filing of its Wyoming plan is, therefore, reasonable.
Concerning Inland Power & Light we note that only approximately 500 of that supplier's 25,000
customers are located in Idaho and, similarly, it would be reasonable to approve that supplier's
Washington plan once it has been approved by that state. For the five suppliers who did not file
plans (Bonners Ferry Light & Water, Soda Springs Municipal, Albion Light & Water, Declo
Municipal Electric Dept. and Minidoka Electric Dept.) we find that the Modified Regional Plan
should be approved for them by default. Staff sent a letter to those suppliers by certified mail
indicating that if they failed to submit an individual curtailment plan, one might be adopted for
them.
We hereby reject the ICUA's proposal that the Staff be responsible for or involved in
the auditing of customers' usage during the mandatory curtailment phase of their Plan. Staff
simply does not have the resources to perform this function. We have no objection, however,
4oRDER NO. 2s634
to ICUA's proposal to contact with BPA for this service. Thus, we decline to exempt ICUA
suppliers from the auditing requirements of their Plan but will allow them to contract for this
service with another entity.
Conceming Atlanta Power's request for an exemption, we find that that utility is
singular in its isolation and the fact that it is not intertied to any other system. Because of this,
it is unaffected by regional power shortages. Given the small size of Atlanta Power's system the
whole concept of curtailment is almost academic. There are no hospitals, police stations or any
other critical need users on the system. The Company's two sources of generation are the dam
and the diesel generator. Either source is adequate to meet the entire system's peak load. Thus,
every customer is either on line or the entire system is down. Idaho Code $ 6l-532(b) states that
when reviewing curtaihnent plans, the Commission should consider the 'technical feasibilrty of
implementation of the plan." We find that because of its extraordinary characteristics and the
impracticality of adopting a curtailment plan, Atlanta Power Company is hereby exempted from
filing such a plan.
ORDER
IT IS IIEREBY ORDERED that the curtailment plans for Idaho's electic suppliers
are hereby adopted as set forth in this Order. Atlanta Power Company is exempted from filing
a curtailment plan.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) or in interlocutory Orders previously issued in this Case No. GNR-E-93-2
may petition for reconsideration within twenty-one (21) days of the service date of this Order
with regard to any matter decided in this Order or in interlocutory Orders previously issued in
this Case No. GNR-E-93-2. Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. See ldaho Code
$ 6l-626.
5oRDER NO. 25634
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
ZH day of July 1994.
[\,*^t* I E-r;]-
MARSHA H. SMITH, PRESIDENT
J. MILLE& COMMISSIONER
RALPH t(rtsoN, coMMISsIoNER
ATTEST:
Myrna J. Walters
Commission Secretary
vld/O-GNR-E-93-2.bp4
6ORDER NO. 2s634