28661.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION OF IDAHO POWER COMPANY FOR AN ACCOUNTING ORDER AUTHORIZING ESTABLISHMENT OF A REGULATORY ASSET OR LIABILITY FOR DEFERRAL OF THE EFFECTS OF CERTAIN DERIVATIVE AND HEDGING FINANCIAL ACCOUNTING RULES.
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CASE NO. IPC-E-01-1

ORDER NO. 28661
On January 10, 2001, Idaho Power Company (Idaho Power) filed its Application for an accounting order authorizing the establishment of a regulatory asset and/or liability for deferral of the effects of certain derivative and hedging financial accounting rules. Notice of Application, Notice of Modified Procedure were issued on February 1, 2001. Order No. 28625. Staff was the only party to submit comments which were filed on February 22, 2001.
BACKGROUND
Idaho Power requests that the Commission issue an order authorizing the establishment of a regulatory asset and/or regulatory liability associated with the implementation of Financial Accounting Standards 133 and 138 (FAS 133/138), Accounting for Certain Derivative Instruments and Certain Hedging Activities for its electric operations. The Financial Accounting Standards Board (FASB) issued FAS 133 in June 1998. FAS 138 later amended it in June 2000. All companies with a calendar year-end must adopt these rules no later than January 1, 2001.
This standard requires all derivatives and certain embedded derivatives to be reported on the balance sheet at fair value, i.e. mark-to-market. Changes in the fair value of derivatives are to be recorded through earnings. Idaho Power contends that this standard will potentially expose its accounting earnings to significant volatility not experienced previously. Idaho Power contends that this volatility is strictly related to timing differences between when a resource acquisition contract is entered and when it is settled. Idaho Power states that accounting associated with FAS 133/138 therefore will generally not be part of its regulated pricing. It requests deferred accounting treatment be approved so that any entries it makes for balance sheet recognition can be offset by regulatory assets or liabilities and not recorded through the statement of income. Idaho Power contends that this will allow it to continue to make prudent and timely resource acquisition decisions unencumbered by concerns about this new financial accounting standard.
Idaho Power conducted an analysis of all instruments and contracts to determine which ones would be viewed as a derivative requiring mark-to-market accounting under FAS 133/138 and which ones were exempt, i.e., scoped out. Staff has discussed with Idaho Power the criteria used in the analysis, the contract types and the contracts that would scope out versus the ones that would be marked to market. The net amount of fluctuation under FAS 133/138, to be reported quarterly, would have created liabilities on the balance sheet with a corresponding reduction to the 2000 earnings. These liabilities and earnings impacts would ultimately be reversed if the contracts were actually fulfilled and the power delivered or received, as is the case for normal utility operations. IdaCorp has been following FAS 133 as required for the non-regulated operations. These fluctuations will continue to be reflected on the consolidated balance sheet and income statement.
The Derivatives Implementation Group (DIG) continues to further define and provide guidelines of its interpretation on specific types of instruments and contracts for FAS 133/138 implementation. The following items were discussed at the December 2000 DIG meeting with discussions to continue at the February 2001 DIG meeting (since a final decision was not made in December):
Normal Purchases and Sales Exception in the Electric Industry for Capacity Contracts Including Contracts that May Have Some Characteristics of Purchases and Written Options and

Normal Purchases and Sales Exception for Electricity Contracts Subject to
Bookouts.

The DIG decisions will impact the financial impact under FAS 133/138 due to normal purchases and sales to manage regulated customer loads and resources. The financial changes in reported income without a corresponding change in cash flow could potentially impact stock and bond ratings and ultimately the cost of capital.
Staff is concerned that the quarterly financial income fluctuations from FAS 133/138 on Idaho Power might create a situation where new accounting standards rather than prudent utility operations could drive management decisions. Staff believes utility decisions should be made with the goal to provide the utility service to customers at the lowest possible price. Staff also believes an accounting order allowing Idaho Power to establish regulatory assets and liabilities to defer the impact of the accounting entries that will be required under FAS 133/138 will continue to allow this goal to be the focus of the decision making process of utility management. The intent of the proposal is to continue the treatment of long-term sales and purchase contracts as they have been in the past with the expenses recognized at the embedded prices contained in the contract rather than restating the costs of these contracts on a quarterly basis at market prices. Staff believes this is consistent with the regulatory treatment currently authorized by this Commission.
Transactions where a contract is settled for cash at a gain or loss in advance of normal delivery of power would continue to be available for Commission review in the determination of rates. This proposal does not in any way relieve Idaho Power of its obligation to demonstrate the prudence of its resource acquisition decisions including review of the original contract, Company actions, or lack of actions with respect to the contract or settlement of the contract prior to completion.
STAFF RECOMMENDATION
Staff recommended that the Commission issue an accounting order authorizing Idaho Power to establish regulatory assets and/or regulatory liabilities to defer the impact associated with the implementation of Financial Accounting Standards 133 and 138, Accounting for Certain Derivative Instruments and Certain Hedging Activities for its electric operations. Staff believes deferral is reasonable and is consistent with existing regulatory policies.
COMMISSION FINDINGS
After review of the record, the Commission will approve Idaho Power Company’s Application for a Deferred Accounting Order that will allow the establishment of regulatory assets and regulatory liabilities associated with the implementation of Financial Accounting Standards 133 and 138 (FAS 133/138), Accounting for Certain Derivative Instruments and Certain Hedging Activities for its electric and natural gas operations. Commission approval of this Application does not relieve Idaho Power of its obligation to demonstrate the prudence of its resource acquisition decisions including review of the original contract, Company actions, or lack of actions with respect to the contract or settlement of the contract prior to completion. Any deferred balances that do not net out will be reviewed in a future proceeding to determine the appropriate ratemaking treatment.
O R D E R
IT IS HEREBY ORDERED that Idaho Power Company’s Application for a Deferred Accounting Order in relation to the implementation of Financial Accounting Standards 133 and 138 is granted.
THIS IS A FINAL ORDER. Any person interested in this Order or in interlocutory Orders previously issued in this Case Nos. IPC-E-01-1 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. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code § 61626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of March 2001.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

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ORDER NO. 28661 -1-

Office of the Secretary
Service Date
March 12, 2001