20030312Petition for Confirmation.pdf

BARTON L. KLINE ISB #1526
MONICA MOEN ISB #5734
Idaho Power Company
P. O. Box 70
Boise, Idaho 83707
Telephone: [phone]
FAX Telephone: [phone]
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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
INVESTIGATION OF TIME-OF-USE
PRICING FOR IDAHO POWER
RESIDENTIAL CUSTOMERS.
IDAHO POWER COMPANY'
PETITION FOR CONFIRMATION
THAT ORDER NO. 29196 IS OR IS
NOT A FINAL ORDER
CASE NO. IPC-02-
Idaho Power Company (hereinafter referred to as "Idaho Power" or "the
Company ), Petitioner herein, pursuant to RP 323., respectfully petitions the
Commission to confirm whether Order No. 29196 is or is not a final order for the
following reasons and upon the following grounds:
RP 323 provides that final orders are all orders and only those
orders containing one of the following paragraphs or a paragraph substantially similar:
a. 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. xxx-x-xx-xx may petition
for reconsideration within twenty-one (21) days of the service date
IDAHO POWER COMPANY'S PETITION FOR CONFIRMATION
THAT ORDER NO. 29196 IS OR IS NOT A FINAL ORDER Page
of this Order with regard to any matter decided in this Order or in
interlocutory Orders previously issued in this Case No. xxx-x-xx-xx.
Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for
reconsideration in response to issues raised in the petition for
reconsideration. See Section 61-626, Idaho Code; or (7-93)
b. THIS IS A FINAL ORDER on reconsideration (or denying
reconsideration). Any party aggrieved by this Order or other final or
interlocutory Orders previously issued in this Case No. xxx-x-xx-xx
may appeal to the Supreme Court of Idaho pursuant to the Public
Utilities Law and the Idaho Appellate Rules. See Section 61-627
Idaho Code. Orders may be final on some issues and interlocutory
on others. If so , the orders will explicitly designate the issues upon
which they are final. (7-93)
Order No. 29196 did not contain the language required to be
included in a final order as specified above. However, in Order No. 29196, the
Commission ordered Idaho Power to commence installation of an automated meter
reading (AMR) system as soon as possible beginning in calendar year 2003 with
installation to be completed in 2004. The ordering portion of Order No. 29196 further
directs that "no later than March 20 2003, Idaho Power Company submit a plan to
replace the current meters of Idaho Power customers with advanced meters as
described in detail above." Finally, the Commission did not identify Order No. 29196 as
an interlocutory order. This puts Idaho Power in the difficult position that it does not
believe that Order No. 29196 is a final order but it is required to commence compliance
with Order No. 29196 without an opportunity to be heard on its Petition For
Reconsideration filed concurrently with this Petition.
Confirmation that Order No. 29196 is or is not a final order of the
Commission is important to establish the date by which Idaho Power must file a Petition
For Reconsideration. Idaho Power has serious concerns about those portions of Order
IDAHO POWER COMPANY'S PETITION FOR CONFIRMATION
THAT ORDER NO. 29196 IS OR IS NOT A FINAL ORDER Page 2
No. 29196 which require Idaho Power to immediately begin replacing all of the
Company s existing retail revenue meters with an AMR system. Out of an abundance
of caution , concurrent with the filing of this Petition , Idaho Power has filed a Petition For
Stay and a Petition For Reconsideration of Order No. 29196. For purposes of
computing the time when Idaho Power was required to file its Petition For
Reconsideration , the Company has assumed that the Commission Secretary s service
date of February 21 , 2003, is the date the Commission issued Order No. 29196 as a
final order.
To ensure that the procedural record is clear, Idaho Power
respectfully requests that the Commission issue its order confirming whether or not
Order No. 29196 is a final order and identifying the date the Commission considers to
be the service date of that "final" order.
Idaho Power respectfully suggests that because Order No. 29196
does not contain the language required by RP 323 , it is not a final order. As such, in
granting reconsideration the Commission could decide to hold an evidentiary hearing
before issuing a final order. A hearing under these circumstances would not be
required to be held within the 17-week period prescribed for reconsideration of final
orders. Alternatively, if the Commission clarifies that no final order has been issued, the
Commission could also decide to close this docket and open a new docket to consider
whether it would be in the public interest for Idaho Power to install an AMR system
independent of the implementation of time-of-use rates. In a new docket the
Commission could convene a prehearing conference to set a schedule for prefiling
testimony and holding an evidentiary hearing.
IDAHO POWER COMPANY'S PETITION FOR CONFIRMATION
THAT ORDER NO. 29196 IS OR IS NOT A FINAL ORDER Page 3
Respectfully submitted this 12th day of March, 2003.
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BARTON L. KLINE
Attorney for Idaho Power Company
IDAHO POWER COMPANY'S PETITION FOR CONFIRMATION
THAT ORDER NO. 29196 IS OR IS NOT A FINAL ORDER Page 4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 12th day of March, 2003, I served a true
and correct copy of the within and foregoing IDAHO POWER COMPANY'S PETITION
FOR CONFIRMATION THAT ORDER NO. 29196 IS OR IS NOT A FINAL ORDER
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
Hand Delivered
S. Mail
Overnight Mail
FAX
William M. Eddie
Land & Water Fund of the Rockies
O. Box 1612
Boise, Idaho 83701
Hand Delivered
S. Mail
Overnight Mail
FAX
Dan Delurey, Executive Director
Demand Response and Advanced
Metering Coalition (DRAM)
O. Box 33957
Washington, D.C. 20033
Hand Delivered
S. Mail
Overnight Mail
FAX
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BARTON L. KLINE
CERTIFICATE OF SERVICE