20040629Final Order No 29535.pdf

Office of the Secretary
Service Date
June 29, 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
IDAHO POWER COMPANY FOR APPROVAL
OF AN EXTENSION OF THE TERM OF AN
AGREEMENT FOR SUPPLY OF POWER AND
ENERGY BETWEEN IDAHO POWER
COMP ANY AND THE J. R. SIMPLOT COMPANY.
CASE NO. IPC-O4-
ORDER NO. 29535
On June 15, 2004, Idaho Power Company (Idaho Power; Company) filed an
Application to extend the termination date of an August 27, 1973 , Agreement, as amended
(Agreement) that the Company has with J. R. Simplot Company (Simplot) for the supply of
power and energy to Simplot's Pocatello Fertilizer Plant.Pursuant to the terms of the
Agreement, Idaho Power has exercised its contractual right to terminate the Agreement.
Although the parties are negotiating in good faith and progress is being made on a new contract
Idaho Power represents that the time remaining under the existing Agreement may not be enough
to finalize it. Without an extension, the Agreement terminates June 30, 2004. Idaho Power
represents that J. R. Simplot Company agrees with the Company s request for a 60-day
extension.
The Application presents the request as follows: "The parties herewith respectfully
request that the terms and conditions of the existing Agreement, as amended, remain in full force
and effect and that the term of the Agreement be extended to the earlier of either August
2004 or to a date to which the Commission approves a new agreement between Idaho Power and
the J. R. Simplot Company for electric service in accordance with tariff Schedule 29 and its
successor schedules.
COMMISSION FINDINGS
The Commission has reviewed the filings of record in Case No. IPC-04-14 and the
underlying Agreement (as amended) between Idaho Power Company and J. R. Simplot
Company. Reference Case No. U-I006-, Order No. 11155 (9/13/78). The Commission finds
it reasonable to approve the requested extension of the June 30, 2004, termination date. The
Commission notes that the electric rates that Idaho Power charges J. R. Simplot are not
established by contract, but are established under the filed tariff standard. Reference tariff
ORDER NO. 29535
Schedule 29. The Commission finds that no other person will be disadvantaged by Commission
approval of the contract extension. The Commission further finds it reasonable to approve the
contract extension without further procedure.
CONCLUSIONS OF LAW
The Idaho Public Utilities Commission has jurisdiction over Idaho Power Company,
an electric utility, pursuant to the authority granted under Idaho Code, Title 61 and the
Commission s Rules of Procedure, IDAPA 31.01.01.000 et seq.
ORDER
In consideration of the foregoing and as more particularly described above, IT
HEREBY ORDERED and the Commission does hereby approve an extension of the termination
date of the August 27, 1973 Agreement, as amended, between J. R. Simplot Company and Idaho
Power Company to the earlier of either August 29, 2004 or to a date on which the Commission
may approve a new agreement between the parties.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) 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. Within seven (7) days
after any person has petitioned for reconsideration, any other person may cross-petition for
reconsideration. See Idaho Code ~ 61-626.
ORDER NO. 29535
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ;). )!-r-
day of June 2004.
MARSHA H. SMITH, COMMISSIONER
ENNIS S. HANSE , COMMISSIONER
ATTEST:
D. Jewell
ission Secretary
vld/O:IPCEO414 sw
ORDER NO. 29535