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Home My WebLink About20060306notice_of_modified_procedure_order_no_29989.pdfOffice of the Secretary Service Date March 6, 2006 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE INVESTIGATION OF APPROPRIATE RATE MAKING TREATMENT OF IDAHO POWER COMPANY'S S02 ALLOWANCE SALEPROCEEDS CASE NO. IPC-O5- NOTICE OF MODIFIED PROCEDURE NOTICE OF COMMENT DEADLINE AND BRIEFING SCHEDULE ORDER NO. 29989 BACKGROUND On June 9, 2005 , Idaho Power Company (Idaho Power, Company) filed an Application requesting: (1) blanket authority to sell surplus sulfur dioxide (S02) allowances and (2) an accounting order to provide for recording any sale(s) of such allowances. Case No. IPC- 05-20. The Company s Application also suggested that a determination of ratemaking treatment for the proceeds be made at a later date. On August 22, 2005 , the Idaho Public Utilities Commission (Commission) approved the Company s Application. Order No. 29852. The Commission, while reserving the review of the reasonableness of each sale, granted Idaho Power s request for blanket authority to sell S02 emissions allowances and approved the accounting treatment proposed by the Company, on an interim basis, until such time as the Commission determines the appropriate ratemaking treatment of the proceeds from the sale of the S02 allowances. Id. The Company was ordered to file a report with the Commission within 60 days of the receipt of any S02 proceeds. Id. Additionally, the Commission ordered that a separate docket be opened for Staff to conduct workshops and make a recommendation to the Commission regarding the appropriate ratemaking treatment of S02 proceeds. Id. This case, IPC-05-, was opened and two workshops were held on November 7 and November 23, 2005, respectively. During the workshops the parties were unable to reach agreement upon the ratemaking treatment of the proceeds. NOTICE OF MODIFIED PROCEDURE NOTICE OF COMMENT DEADLINE AND BRIEFING SCHEDULE ORDER NO. 29989 On January 12, 2006, the Commission issued Order No. 29953 establishing an intervention deadline of January 31, 2006 and setting an informal case scheduling conference for February 23, 2006. The only party to petition for intervention was the Industrial Customers of Idaho Power. Their petition was granted. Order No. 29978. The Company has thus far reported to the Commission that they have sold a total of 500 S02 allowances and received total net pre-tax proceeds of $76 932 625 from those sales. All parties met at the February 23 , 2006 scheduling conference and agreed that no party desired a formal hearing. The following schedule was also agreed to: Comment Deadline March 31 , 2006 Company s Brief and Reply Comments April 14 2006 Staff and Intervenor Briefs April 28, 2006 Company s Reply Brief May 12 2006 NOTICE OF MODIFIED PROCEDURE YOU ARE HEREBY NOTIFIED that the Commission has reviewed the filings of record in this case. The Commission has preliminarily determined that the public interest may not require a hearing to consider the issues presented in this case and that issues raised by the Company s filing may be processed under Modified Procedure , by written submission rather than by hearing. IDAPA 31.01.01.201-204. In so doing, the Commission notes that Modified Procedure and written comment have proven to be an effective means for obtaining public input and participation. YOU ARE FURTHER NOTIFIED that the Commission may not hold a hearing in this proceeding unless it receives written protests or comments opposing the use of Modified Procedure and stating why Modified Procedure should not be used. IDAP A 31.01.01.203. YOU ARE FURTHER NOTIFIED that if no protests or written comments are received within the deadline, the Commission will consider the matter and enter its Order without a hearing. If protests or comments are filed within the deadline, the Commission will consider them and may, in its discretion, set the matter for hearing or decide the matter and issue its Order on the basis of the written positions before it. IDAP A 31.01.01.204. NOTICE OF MODIFIED PROCEDURE NOTICE OF COMMENT DEADLINE AND BRIEFING SCHEDULE ORDER NO. 29989 NOTICE OF COMMENTIPROTEST DEADLINE YOU ARE FURTHER NOTIFIED that the deadline for filing written comments or protests with respect to the Company s filings and the Commission s use of Modified Procedure in this case is March 31, 2006. Persons desiring a hearing must specifically request a hearing in their written protests or comments. YOU ARE FURTHER NOTIFIED that written comments concerning Case No. IPC- 05-26 should be mailed to the Commission and to Idaho Power at the addresses reflected below. Street Address For Express Mail: Barton L. Kline John R. Gale Idaho Power Company PO Box 70 Boise, ID 83707-0070 E-mail: bkline(~jdahopower.com rgale(fYidahopower. com Commission Secretary Idaho Public Utilities Commission PO Box 83720 Boise, ID 83720-0074 472 W. Washington Street Boise, ID 83702-5983 These comments should contain the case caption and case number shown on the first page of this document.Persons desiring to submit comments via e-mail may do so by accessing the Commission s homepage located at www.puc.idaho.gov.Click the "Comments and Questions icon, and complete the comment form, using the case number as it appears on the front of this document. These comments must also be sent to the Company at the e-mail addresses listed above. YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant to the Commission s jurisdiction under Title 61 of the Idaho Code and specifically Idaho Code ~ 61-129 , 328, 501-503, 507 , 523 , 524. The Commission may enter any final Order consistent with its authority under Title 61. YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted pursuant to the Commission s Rules of Procedure, IDAPA 31.01.01.000 et seq. NOTICE OF MODIFIED PROCEDURE NOTICE OF COMMENT DEADLINE AND BRIEFING SCHEDULE ORDER NO. 29989 FIND IN GS/CO N CL USI 0 NS The Idaho Public Utilities Commission has jurisdiction over Idaho Power Company, its Application, and the issues involved in this case by virtue of Title 61 , Idaho Code, including Idaho Code ~~ 61-129, 328, 501-503, 507, 523, 524, and the Commission s Rules of Procedure IDAP A 31.01.01.000 et seq. The Commission has preliminarily determined that the public interest may not require a hearing to consider the issues presented in this case, and that issues raised by the Company s filing may be processed under Modified Procedure , by written submission rather than by hearing. IDAPA 31.01.01.201-204. In so doing, the Commission notes that Modified Procedure and written comments have proven to be an effective means for obtaining public input and participation. ORDER IT IS HEREBY ORDERED that this case be processed under Modified Procedure. Persons interested in submitting written comments regarding this case or protesting the use Modified Procedure must do so no later than March 31 , 2006. IT IS FURTHER ORDERED that the briefing schedule agreed to by the parties and set forth above shall be adopted. NOTICE OF MODIFIED PROCEDURE NOTICE OF COMMENT DEADLINE AND BRIEFING SCHEDULE ORDER NO. 29989 DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this Ip +A. day of March 2006. ATTEST:~~lj D. Jewel ISSlOn Secretary O:IPC-05-26 dw2 NOTICE OF MODIFIED PROCEDURE NOTICE OF COMMENT DEADLINE AND BRIEFING SCHEDULE ORDER NO. 29989 MARSHA H. SMITH, COMMISSIONER , COMMISSIONER