20060228Petition.pdf

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IDAHO POWER COMPANY
O, BOX 70
BOISE, IDAHO 83707
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MONICA MOEN
Attorney
An IDACORP Company
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February 28 2006
Jean D. Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P. O. Box 83720
Boise, Idaho 83720-0074
Re:Case No. IPC-06-
Idaho Power Company s Petition For An Order Rescinding
Order No. 28804 Regarding the Filing of Biennial Cost
Information-Unbundling Reports
Dear Ms. Jewell:
Please find enclosed for filing an original and seven (7) copies of Idaho
Power Company s Petition for an Order rescinding Order No. 28804 as it applies to
Idaho Power to discontinue the requirement to file biennial cost information unbundling
reports.
I would appreciate it if you would return a stamped copy of this transmittal
letter in the enclosed self-addressed , stamped envelope.
Very truly yours
Monica Moen
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Enclosures
Telephone [phone] Fax [phone] E-mail MMoenCfPidahopower.com
MONICA MOEN, ISB # 5734
BARTON L. KLINE , ISB # 1526
Idaho Power Company
1221 West Idaho Street
O. Box 70
Boise, Idaho 83707
Telephone: [phone]
FAX Telephone: [phone]
MMoen (Q) idahopower.com
BKline (Q) idahopower.com
Attorneys for Idaho Power Company
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
PETITION FILED BY IDAHO POWER
COMPANY FOR AN ORDER RESCINDING
ORDER NO. 28804 AS IT APPLIES TO
IDAHO POWER COMPANY TO
DISCONTINUE THE REQUIREMENT
TO FILE BIENNIAL COST
INFORMATION-UNBUNDLING REPORTS
CASE NO. IPC-06-
PETITION
COMES NOW Idaho Power Company ("Idaho Power" or the "Company
and , pursuant to IPUC Rule of Procedure 53, hereby petitions the Idaho Public Utilities
Commission ("I PUC" or the "Commission ) to issue an Order rescinding Order No.
28804 , as it applies to Idaho Power, that requires the Company to file biennial cost
information-unbundling reports ("Cost Reports ) with the Commission.
In 1997, in response to concerns regarding the potential effects of electric
deregulation on retail choice , the Idaho State Legislature enacted Chapter 403 , Session
PETITION - 1
Laws of Idaho 1997, pp. 1279-1281 , that created 99 61-338 and 61-339 of the Idaho
Code. Under these statutes , electric suppliers in the state of Idaho with over 1 000
customers were required to file unbundled cost information with the Commission. The
IPUC was to compile the unbundled cost information and provide it to the Governor and
Legislature. The law contained a sunset provision and became null and void on
January 1 , 1999.
II.
In response to Idaho Code 9961-338 and 61-339 , the Commission
instituted Case No. GNR-97-1 to provide for the method and manner by which the
Cost Reports would be compiled and submitted to the Commission. The Commission
compiled the information and submitted the reports as required by law.
III.
Subsequent to Case No. GNR-E97-, the Commission , on its own
authority, required that the investor-owned utilities under its jurisdiction continue to file
Cost Reports on an annual basis beyond the January 1 , 1999 sunset provision of the
original legislation. The Idaho Power proceeding was docketed as Case No. IPC-98-
2. See Order No. 27676.
IV.
On May 18 , 2001 , Idaho Power filed an Application with the Commission
requesting that the Commission authorize the discontinuance of the annual filing of the
Cost Reports (Case No. IPC-01-18). In its 2001 Application, the Company stated that
discontinuance of the filing of the Cost Report would have no effect on the ability of the
Commission to require that appropriate cost information be submitted in other
PETITION - 2
proceedings. In Order No. 28804 issued on August 15 , 2001 , the Commission required
Idaho Power to continue to file the Cost Reports with the Commission on a biennial
basis. The Company has filed Cost Reports with the Commission every other year
since the issuance of Order No. 28804.
In its Comments submitted in Case No. IPC-01-, the Commission
Staff conceded that, under normal conditions
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costs change relatively slowly.See
Case No. IPC-01-, Staff Comments dated July 5 2001 at 3. Furthermore, since
2001 , Idaho Power has filed two general rate cases that, by their nature, have provided
the Commission and its Staff the opportunity to review the Company s costs in
significant detail. Moreover, the Company intends to regularly file general rate actions
with the Commission that would enable the Commission to routinely examine the
Company s costs. As Idaho Power witness John R. Gale states in his direct testimony
in the Company s current general rate case
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the Company is in the middle of several
frequent general rate actions.See Case No. IPC-05-, Gale , Di at 16.
VI.
Given the anticipated frequency with which the Company expects to file
general rate cases with the Commission , Idaho Power believes that the Commission
and its Staff will continue to have the opportunity to review the Company s costs in
greater detail than afforded in the biennial Cost Reports. Accordingly, Idaho Power
submits that it is in the public interest to permit the Company to discontinue filing the
Cost Reports required by Order No. 28804.
PETITION - 3
VII.
Service of pleadings, exhibits, orders and other documents relating to this
proceeding should be served on the following:
Monica Moen, Attorney II
Barton Kline, Senior Attorney
Idaho Power Company
P. O. Box 70
Boise , Idaho 83707
Maggie Brilz
Director of Pricing
Idaho Power Company
O. Box 70
Boise, Idaho 83707
VIII.
The Company requests that this Petition be processed under IPUC Rule
of Procedure 201 , et aI., allowing for consideration of issues to be processed under
Modified Procedure , i.e., by written submission rather than by an evidentiary hearing.
WHEREFORE , Idaho Power Company respectfully requests that the
Commission enter its order authorizing Idaho Power to discontinue filing the biennial
Cost Report required in Case No. IPC-01-18 and pursuant to Order No. 28804.
DATED at Boise, Idaho this 28th day of February 2006.
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MONICA B. MOEN
Attorney for Idaho Power Company
PETITION - 4