The URL can be used to link to this page

Home My WebLink About20040616Motion to Dismiss.pdfFlECEIVEO ('I ,,-,.., BARTON L. KLINE ISB #1526 MONICA B. MOEN ISB #5734 Idaho Power Company O. Box 70 Boise , Idaho 83707 Telephone: (208) 388-2682 FAX Telephone: (208) 388-6936 iLED C)(;!'H I Ht i L t.UJ~ Ur~l 4: 5, .. "'; ) ,.- ! UULiL, UTILiTiES COf'1r'lfSSION Attorney for Idaho Power Company Street Address for Express Mail 1221 West Idaho Street Boise, Idaho 83702 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF IDAHO POWER COMPANY FOR APPROVAL OF A PROPOSED STATEMENT) OF POLICY AND CODE OF CONDUCT COVERING TRANSACTIONS BETWEEN IDAHO POWER COMPANY AND IDACORP ENERGY SOLUTIONS LP , AN AFFILIATEDCOMPANY CASE NO. IPC-01- MOTION TO DISMISS FOR MOOTNESS COMES NOW , Idaho Power Company ("Idaho Power" or "the Company by and through its attorneys, and in accordance with RP 056, hereby moves the Commission for an Order dismissing this case with prejudice because it has become moot. The basis for this Motion is as follows: BACKGROUND In Commission Order No. 28596 issued in Case No. IPC-00-, the Commission authorized Idaho Power to enter into an Agreement For Electricity Supply and Management Services ("Agreement") with its affiliate DACORP Energy Solutions MOTION TO DISMISS FOR MOOTNESS , Page LLP ("IES"). IES subsequently changed its name to "IDACORP Energy" and IES and IDACORP Energy will hereinafter referred to collectively as "IE. In Order No. 28596, the Commission stated that the Statement of Policy and Code of Conduct submitted with the Company s Application required further development and the opportunity for public input. In Order No. 28596, the Commission directed Idaho Power to make a formal filing within thirty (30) days of a proposed policy and code of conduct for affiliate relationships. In the interim , the Commission found it reasonable that the Company and I E conduct relationships between themselves in accordance with the Statement of Policy and Code of Conduct outlined in the Company s Application. On January 18, 2001 , Idaho Power made the compliance filing discussed in Order No. 28596 and requested that the Commission approve a proposed Statement of Policy and Code of Conduct covering transactions between Idaho Power and IE. On March 5 , 2001 , in Order No. 28649, the Commission bifurcated the Company Application into two separate proceedings. In this case , Case No. IPC-01-, the Commission would consider the Statement of Policy and Code of Conduct between Idaho Power and IE. Under Case No. IPC-01-08, the Commission would consider the Code of Conduct that would be applicable to other IDACORP subsidiaries and Idaho Power affiliates. Subsequently, the Commission approved petitions to intervene in this case filed by Astaris , LLC , Power Development Associates , LLC and the Industrial Customers of Idaho Power. Idaho Power is and IES and IE were wholly-owned subsidiaries of IDACORP, Inc. The activities of IES and IE were not regulated by the Commission except for transactions with Idaho Power. MOTION TO DISMISS FOR MOOTNESS , Page 2 RESOLUTION OF IPC-IE ISSUES In February and March 2001 , Idaho Power filed Applications for authority to increase its rates under its Power Cost Adjustment ("PCA") rate schedule. These Applications were separately docketed as Case No. IPC-01-07 ("the -7 Case ) and Case No. I PC-01-11 ("the -11 Case ) and processed as a joint case. In Order No. 28731 , the Commission separated a number of the issues identified for investigation in the -7 and -11 cases into a third case, which was docketed as IPC-01-16 ("the - Case ) . At this point , because the issues relating to the operating relationship between Idaho Power and IE were being addressed in the -16 Case, further proceedings in this case were suspended pending the final resolution of the -16 Case. This suspension was de facto; no Commission order suspending the case was sought or issued. I n response to a Joint Motion by the parties in the -16 Case, the Commission issued Order No. 28831 on August 24, 2001 , which further bifurcated the issues in the -16 Case into Phase 1 and Phase 2. Testimony and exhibits relating to the Company s trading practices (hedging), transmission and wheeling charges , Mid- pricing and weighted average pricing (on a prospective basis from March 1 2001) were presented in hearings held on August 28-30,2001 , in Phase 1. All of the other issues identified for review in the -16 Case , Le., Idaho Power s approach to hedging and risk management strategies, additional compensation to Idaho Power for transmission system and other system resource usage by I E, and a question of whether the transfer prices for both day-ahead and real-time transactions between Idaho Po~er and IE MOTION TO DISMISS FOR MOOTNESS , Page 3 approved in Commission Order No. 28852 should be modified on a prospective basis were assigned to Phase 2. Numerous workshops to discuss settlement of Phase 2 were held in 2001 2002 and 2003. On February 17, 2004 , the Company and numerous other parties filed a Settlement Stipulation and Joint Motion For Acceptance of Settlement with the Commission. Idaho Power requests that the Commission take administrative notice of the above-referenced Joint Motion and Settlement Stipulation. In Order No. 29446 , the Commission accepted the proposed Settlement Stipulation submitted with the Joint Motion and determined that the proposed Settlement Stipulation was a fair, just and reasonable settlement of the outstanding issues in the -16 Case , thereby bringing the -16 Case to a final conclusion. In the summer of 2002, IDACORP decided to withdraw from the wholesale power marketing business and began winding up IE's power marketing business. As of the date of this pleading, IDACORP has sold IE's assets, discharged IE's employees and IE has ceased to operate as a going concern. IE's remaining activities consist primarily of defending several pending lawsuits. PRAYER FOR RELIEF As a result of the closing of I E and resolution of all issues arising out of or relating to Idaho Power s business transactions with IE in the -16 Case , there is no need for the Commission to further consider a Statement of Policy or Code of Conduct to cover transactions between Idaho Power and IE. There will be no future transactions between Idaho Power and I E. The issues originally intended to be addressed in this proceeding are moot. "A case becomes moot when 'the issues presented are no longer MOTION TO DISMISS FOR MOOTNESS , Page 4 live or the parties lack a legally cognizable interest in the outcome. '" Idaho Sch. for Equal Educ. Opportunity v. Idaho State Bd. of Educ.128 Idaho 276 281 912 P. 644 649 (1996) (quoting Bradshaw v. State 120 Idaho 429 432 816 P.2d 989 (1991). Based on the foregoing, Idaho Power hereby moves the Commission for an Order dismissing this case with prejudice on the grounds that it has become moot. Idaho Power believes this motion should be processed on modified procedure. Respectfully submitted this J 10 day of June, 2004. BART N . KLINE Attorney for Idaho Power Company MOTION TO DISMISS FOR MOOTNESS, Page 5 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 110 day of June, 2004 , I served a true and correct copy of the within and foregoing MOTION TO DISMISS FOR MOOTNESS upon the following named parties by the method indicated below, and addressed to the following: Lisa Nordstrom Deputy Attorney General Idaho Public Utilities Commission 472 W. Washington Street O. Box 83720 Boise , Idaho 83720-0074 Ronald L. Williams Ronald L. Williams , P . O. Box 2128 Boise , Idaho 83701-2128 Conley Ward Givens Pursley LLP 277 N. 6th Street, Suite 200 O. Box 2720 Boise, Idaho 83701 )(.. Peter J. Richardson Molly O'Leary Richardson & O'Leary PLLC 99 East State Street, Suite 200 O. Box 1849 Eagle , Idaho 83616 Hand Delivered S. Mail Overnight Mail FAX Hand Delivered S. Mail Overnight Mail FAX Hand Delivered S. Mail Overnight Mail FAX Hand Delivered S. Mail Overnight Mail FAX CERTIFICATE OF SERVICE .....