prpsdord.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE INVESTIGATION
OF THE CONTINUED REASONABLENESS
OF USING VARIABLE COSTS
ASSOCIATED WITH THE OPERATION OF
COLSTRIP FOR ANNUAL ADJUSTABLE
RATE CALCULATIONS AS PREVIOUSLY
AUTHORIZED IN COMMISSION ORDER
NOS. 23449, 26080 AND 23738. )
)
)
)
)
)
)
)
)
CASE NO. GNR-E-99-1

NOTICE OF PROPOSED ORDER

NOTICE OF COMMENT DEADLINE

The Public Utility Regulatory Policies Act of 1978 (PURPA) requires electric utilities to enter into fixed term obligations to purchase energy from qualifying cogeneration and small power production facilities (QFs). The rate to be paid for such power is not to exceed the “incremental cost” to the utility of alternative electric energy, commonly referred to as a utility’s avoided cost. The avoided cost rates of Idaho’s major electric utilities consist of fixed and variable components. The variable component is adjusted annually.
This case was established by the Idaho Public Utilities Commission (Commission) in 1999 to examine the continued reasonableness of using variable costs associated with the operation of Colstrip, a coal-fired generating facility in southeast Montana, for the annual adjustable rate portion of avoided costs. Reference Commission Order Nos. 23349, 26080 and 23738. The use of Colstrip costs to determine the variable rate component was adopted as part of the Surrogate Avoided Resource (SAR) methodology developed in Case No. U-1500-170. There are 24 PURPA contracts that use Colstrip in the adjustable rate component of the contract rates.
The –170 SAR methodology variable rate component is based on the variable costs associated with the operation of Units 3 and 4 of Colstrip. The adjustable portion of the avoided cost rate is updated annually. The same calculated rate revision for the variable component under the avoided cost methodology is used by Avista Corporation dba Avista Utilities—Washington Water Power Division (Idaho), PacifiCorp dba Utah Power & Light Company and Idaho Power Company.
Avista by letter dated August 30, 2000, explained that it will be unable in the future to furnish variable cost figures based on actual variable costs of Colstrip Units 3 and 4 for the purpose of determining avoided cost rates in Idaho. Although the Company still retains its ownership share, Montana Power has sold its majority share and is no longer the plant operator. The new owner, PP&L Montana, LLC, operates Colstrip Units 3 and 4 as a non-regulated, non-utility generator. The new owner does not utilize the same reporting criteria for costs as do regulated utilities. Many of the accounts relied upon by Avista Corp, in its avoided rate calculation in the past are now combined into larger categories and are not available.
Avista requests that it be relieved of the obligation of determining the adjustable portion of the avoided cost rates applicable to a coal plant SAR. Avista recommends that consideration be given to utilizing another source of information for purposes of determining the adjustable portion.

Following its review of filings of record in Case No. GNR-E-99-01, including the August 2000 letter from Avista, the Commission on October 23, 2000, issued a Notice of the Avista letter and solicited alternatives for determining annual adjusted rate calculations for those QF calculations containing Colstrip variable rates. Comments were solicited from Idaho’s major electric utilities and all affected QF project owners. The deadline for filing written comments was December 22, 2000. Comments were filed by Avista, PacifiCorp, Idaho Power, Commission Staff, Sorenson Engineering on behalf of the Birch Creek, Marsh Valley, Dry Creek and Georgetown projects, the City of Preston, Cogeneration Partners (Magic Valley), Glenns Ferry Rupert Cogeneration Partners (Magic West), J.R. Simplot Company (Pocatello) CDM Hydroelectric, CEM (Lava Hot Springs), Dave Snedigar (Bell Mountain and O.J. Hydro), lL&M Angus Ranch (successor to Ingram Warm Springs Ranch), and Robert Fackrell (Mink Creek). The comments and alternative proposals can be summarized as follows:
Rupert Cogeneration Partners, Ltd., Glenns Ferry Cogeneration Partners, Ltd., and JR Simplot Company (collectively, the “Power Producers”) filed comments recommending that two different producer price indexes be used—one to adjust Colstrip coal costs and one to adjust variable O&M costs. Cogeneration Partners (i.e., Glenns Ferry and Rupert) recommended using indexes when it filed comments in the 1999 annual Colstrip adjustment cases (AVU-E-99-3, IPC-E-99-5, and UPL-E-99-2). However, while one of the indexes now recommended by Power Producers is the same as recommended in 1999, one is different. Power Producers now recommends using a coal cost index specific to western coal.
Staff recommends that FERC Form 1 data be used as the source of information for calculating the fuel component of the Colstrip adjustment, and recommends that a fixed amount of $2/MWh be used to represent the variable O&M cost. Staff is not necessarily opposed to using price indexes as the basis for the annual adjustment, but notes that indexes would not have accurately mimicked avoided cost adjustments in past years.
PacifiCorp’s comments are similar to Staff’s. PacifiCorp recommends that publicly available information be used to the extent possible, and suggests that FERC Form 1 data could be used to represent Colstrip fuel costs. Variable O&M costs could be approximated by using an average that has been calculated over the past decade under the Commission-approved methodology.
Idaho Power believes the initial question that the Commission will need to resolve is whether or not it is still important to the Commission that the mechanism for reviewing the adjustable portion of the coal SAR rates be designed to track as closely as possible, changes in the actual variable operating cost of the Colstrip power plant. If that is still the Commission’s preference, then Idaho Power states, Staff’s proposal to use Avista’s Form 1 coal costs plus $2/MWh appears to be a common sense goal.
If the Commission decides that it is not crucial that the adjustment methodology specifically track Colstrip variable expenses and that an adjustment mechanism based on a broader spectrum of prices would be acceptable, then Idaho Power believes that a workable methodology would be to apply a single coal-related adjustment to both the coal costs and the variable O&M expense. Idaho Power suggests using two indexes—one for the spot price of western bituminous coal and lignite for steam electric utilities, and one for the contract price—weighted twenty-five percent and seventy-five percent respectively.
Comments were also received from numerous owners of QF projects who have power sales agreements with PacifiCorp. All of these owners expressed similar opinions. For the fuel component of the adjustment, they suggest using an average fuel cost as reported in FERC Form1 for PacifiCorp’s Carbon, Hale, Naughton, Huntington and Hunter plants. For variable O&M, they suggest using FERC Form 1 variable cost data for the same five plants. They do not, however, recommend which specific cost figures could be used to accurately represent variable O&M.
COMMISSION FINDINGS
In the Commission’s Notice of Avista Letter and Notice of Comment Solicitation, Order No. 28550, issued on October 23, 2000, the Commission envisioned that following receipt of comments, a public workshop would be scheduled to explore whether a consensus might be reached on a proposed substitute methodology. The Commission has reviewed and considered the filings of record in Case No. GNR-E-99-1, the underlying Orders related to the Colstrip variable component of PURPA avoided cost rates and the comments and proposed alternatives filed in this case.
The Commission finds that with few exceptions, the methods suggested in comments were relatively complete and viable alternatives. While some consensus might be possible to refine either an index-based method or a FERC Form 1-based method, we find that there seems to be little common ground between these two general approaches. Given the disparity between these two suggested approaches, the Commission doubts a single method would emerge from a workshop. Since it seems unlikely unanimous agreement could be achieved, we find it would be more productive to issue a proposed Order and solicit comment thereon.
We find that the parties have presented the Commission with several viable options to the present variable rate calculation methodology. Some alternatives unfortunately present elements that are more conceptual than complete. From a regulatory perspective, of the proposals submitted and reviewed, we are attracted to Staff’s proposal. We find that it would be relatively simple to implement. It further utilizes information (FERC plant operating data) that is of public record. We are further persuaded by an offer of proof that demonstrates its ability to accurately mimic avoided cost adjustments in past years, adjustments that we have previously found to be reasonable.
We therefore find it reasonable to adopt Staff’s proposal, i.e., to determine future Colstrip variable cost adjustments by using FERC Form 1 Colstrip unit coal cost per megawatt hour (MWh) and adding $2/MWh (the average variable O&M cost of Colstrip plus $0.20/MWh for generation taxes = approximately $2/MWh).

YOU ARE HEREBY NOTIFIED that the Commission does hereby provide public notice of its intention and proposal to adopt by final Order in this case the variable rate alternative set forth above in our findings for those QF contracts containing a Colstrip-related variable rate adjustment. The change in variable rate methodology for affected contracts will be effective with the year 2001 annual adjustment and unless changed by Commission Order for all subsequent contract years.
YOU ARE FURTHER NOTIFIED that the Commission has determined that the public interest in this proceeding does not require a public hearing.
YOU ARE FURTHER NOTIFIED that the deadline for filing written comments or protests with respect to the Commission’s proposed Order adopting a change in the Colstrip-related variable rate adjustment for affected QF contracts is Wednesday, February 14, 2001.
DATED at Boise, Idaho this day of January 2001.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

Vld/N:GNR-E-99-01_sw

NOTICE OF PROPOSED ORDER
NOTICE OF COMMENT DEADLINE 5

Office of the Secretary
Service Date
January 26, 2001