20021004Motion for Time.pdf

LARRY D. RIPLEY ISB #965
BARTON L. KLINE ISB #1526
Idaho Power Company
O. Box 70
Boise, Idaho 83707
Telephone: [phone]
FAX Telephone: [phone]
Attorney for Idaho Power Company
Street Address for Express Mail
1221 West Idaho Street
Boise, Idaho 83702
RECEIVED
FILED
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DRAFT
0/4/02
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE
INVESTIGATION OF TIME-OF-USE
PRICING FOR IDAHO POWER
RESIDENTIAL CUSTOMERS.
CASE NO. IPC-02-
IDAHO POWER COMPANY'
MOTION FOR ADDITIONAL TIME
TO FILE REPLY COMMENTS
COMES NOW Idaho Power Company ("Idaho Power" or "the Company
and hereby moves the Commission for an order allowing Idaho Power additional time to
file reply comments in the above-referenced proceeding.
As a preface to this Motion , the Company believes that it is necessary to
set forth its concerns regarding the procedure the Commission appears to be following
for processing this matter. In Order No. 29026 in Case Nos. IPC-02 & 03 , the
Company was directed to submit a report concerning the general viability of residential
time-of-use pricing on the Idaho Power system. To date, all that has occurred is the
filing of that report. The Company is concerned that responding parties will assume
that the comment process initiated in this case will provide the necessary procedural
IDAHO POWER COMPANY'S MOTION FOR ADDITIONAL
TIME TO FILE REPLY COMMENTS Page
due process needed to implement a time-of-use pricing program. In fact, there are a
myriad of issues, beyond the current scope of this proceeding, to be considered if the
Commission ultimately determines that a residential time-of-use pricing program should
be pursued , even on a pilot program basis. The Company is concerned that this
proceeding has been procedurally structured as if Idaho Power has "filed" an
application requesting some type of affirmative relief, (which can be ruled upon) rather
than simply the filing of a report as required by the Commission.
Most certainly, the Company welcomes comments concerning that report.
But the viability, on a very generalized basis, of a time-of-use pricing program , is all that
can be currently addressed in a notice and comment process such as this one. Even
considering the limited issues that are currently ripe for comment, the Company
requests an order allowing Idaho Power additional time to file reply comments in the
above-referenced proceeding.
This request is based on the following:
In its Notice of Comment Deadlines issued on September 27
2002, the Commission established November 4, 2002 , as the deadline for filing written
comments or protests addressing Idaho Power Company s "Report on Residential
Time-of-Use Pricing
" ("
Report"). The Notice also established November 13 , 2002 as
the date for Idaho Power to file written reply comments.
While it is impossible, as previously discussed , to anticipate the
extent and complexity of comments that may be filed by Staff and other interested
parties, Idaho Power is concerned that the amount of time currently allowed for Idaho
Power to prepare and file written reply comments will be inadequate.
IDAHO POWER COMPANY'S MOTION FOR ADDITIONAL
TIME TO FILE REPLY COMMENTS Page 2
The current schedule provides that comments or protests must be
filed Monday, November 4 2002. Assuming that parties will file and mail their
comments on November 4 , and assuming that the commenting parties serve Idaho
Power with copies of the comments when they mail them to the Commission (they often
don t send copies to Idaho Power), it is likely to be November 6 or 7 before Idaho
Power actually receives the comments. If the comments are extensive, that would
leave Idaho Power six or seven calendar days to review the comments and prepare and
file reply comments. Recognizing that November 11 is a holiday (Veterans Day), the
existing schedule would actually provide Idaho Power with, at best, six working days in
which to review, prepare and file reply comments.
Depending on the extent and complexity of the comments, six days
is not sufficient time for the Company to prepare meaningful reply comments. The
Company submits that thirty days is a more realistic time period , given the procedural
posture of these proceedings. Therefore, Idaho Power requests that the Commission
extend the deadline for Idaho Power to file its written reply comments until December
, 2002. If comments from the parties and staff are not extensive or complex, the full
thirty days may not be required to adequately reply and Idaho Power will file sooner if
possible. However, Idaho Power also reserves the right to request additional time
beyond the December 13 date depending on the volume and complexity of comments
received.
NOW , THEREFORE, Idaho Power hereby respectfully requests that the
Commission issue its order providing that the deadline for Idaho Power Company to file
IDAHO POWER COMPANY'S MOTION FOR ADDITIONAL
TIME TO FILE REPLY COMMENTS Page 3
written reply comments in this case be extended from Wednesday, November 13, 2002
to Friday, December 13, 2002.
day October 2002.Respectfully submitted this Jf-/
BARill
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Attorney for Idaho Power Company
IDAHO POWER COMPANY'S MOTION FOR ADDITIONAL
TIME TO FILE REPLY COMMENTS Page 4