20081125Motion.pdf

DONOVAN E. WALKER
Corporate Counsel
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An IDACORP Company
November 25, 2008
VIA HAND DELIVERY
Jean D. Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. IPC-E-08-23
IN THE MATTER OF IDAHO POWER COMPANY'S PETITION FOR
APPROVAL OF CHANGES TO THE IRRIGATION PEAK REWARDS
PROGRAM, AND FOR AUTHORITY TO RECOVER THE COST OF THE
PROGRAM IN THE PCA
Dear Ms. Jewell:
Enclosed please find for filing an original and seven (7) copies of Idaho Power's
Motion to Bifurcate and Shorten Time in the above matter.
i would appreciate it if you would return a stamped copy of this letter for Idaho
Power's file in the enclosed stamped, self-addressed envelope.
DEW:csb
Enclosures
P.O. Box 70 (83707)
1221 W. Idaho St.
Boise, ID 83702
DONOVAN E. WALKER (ISB No. 5921)
BARTON L. KLINE (ISS No. 1526)
Idaho Power Company
1221 West Idaho Street
P.O. Box 70
Boise, ID 83707
Telephone: [phone]
Facsimile: 208-338-6936
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2008 NOV 25 PM 3: 58
IDAHO PUl'l ","
UTILITIES CO/lt.~1.IŠSJON
Attorneys 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 IDAHO POWER
COMPANY'S PETITION FOR APPROVAL
OF CHANGES TO THE IRRIGATION
PEAK REWARDS PROGRAM, AND FOR
AUTHORITY TO RECOVER THE COST
OF THE PROGRAM IN THE PCA
)
) CASE NO. IPC-E-08-23
)
) MOTION TO BIFURCATE AND
) SHORTEN TIME
)
)
COMES NOW, Idaho Power Company ("Idaho Powet' or "Company") and, in
accordance with RP 56 and RP 256, hereby moves the Commission to bifurcate the
issues presented in the Company's Petition and to consider each issue using separate
procedural tracks. The Company requests that: (1) the Irrigation Peak Rewards
Program ("Program") settlement Stipulation be Noticed for Modified Procedure, with a
fourteen-day comment period, and (2) the Company's request to recover the cost of the
Program incentives in its Power Cost Adjustment ("PCA") mechanism be Noticed and a
MOTION TO BIFURCATE AND SHORTEN TIME - 1
fourteen-day intervention period be commenced. This Motion is a request for
procedural relief, and the Company requests that the Commission act upon it on less
than 14 days notice at the December 1,2008, Decision Meeting. This Motion is based
on the following:
1. On November 7, 2008, Idaho Power filed a Petition requesting (1)
authorization to modify the Irrigation Peak Rewards Program consistent with the terms
of the settlement Stipulation singed by Staff, the Company, and the Idaho Irrigation
Pumpers Association ("Parties") and (2) to allow the Company to recover the cost of the
Program incentives in its Power Cost Adjustment. The Company requested that its
Petition be processed by Modified Procedure. On November 19, 2008, Staff filed a
memorandum with the Commission recommending that the Petition be processed by
Modified Procedure with a 45-day comment period.
2. During subsequent discussions between the Company and Staff regarding
procedure, it was agreed that if the issues were bifurcated into (1) consideration of the
Stipulation and (2) consideration of the funding mechanism for cost recovery of the
Program, then the Stipulation could be processed by Modified Procedure with a
fourteen-day comment period and the cost recovery issues could be Noticed for an
intervention period of 14 days, after which a further procedural schedule could be
discussed by all parties and presented to the Commission for consideration of the cost
recovery issues.
3. In order for the Company to meet its obligations under the Stipulation to
market and implement the revised Program for the 2009 irrigation season, the Company
requests an Order be issued regarding the Stipulation by January 1, 2009. Because the
MOTION TO BIFURCATE AND SHORTEN TIME - 2
cost recovery mechanism was not part of the Stipulation signed by the Parties, it would
be appropriate to bifurcate that issue, and seek intervention from interested persons
before moving forward with the consideration of those issues. At the same time,
considering the issue of the signed Stipulation on a separate basis may allow the
Company the additional time it needs this winter to properly market and implement the
Program for the 2009 irrigation season.
4. The Company and Staff have discussed this Motion and its contents, and
are in agreement. The Company has discussed this Motion and its contents with
counsel for the Idaho Irrigation Pumpers Association, and they do not object. Both the
Staff and the Idaho Irrigation Pumpers Association have been served with copies of this
Motion. Because of the time constraints imposed by the intervening Thanksgiving and
Christmas holidays, as well as the technical hearing scheduled for Idaho Powets Rate
Case, pursuant to RP 256.03, the Company requests that the Commission act on this
Motion on less than 14 days notice at the next regularly scheduled Decision Meeting on
Monday, December 1, 2008. The signatories to the Stipulation have been given actual
notice of this Motion, and if bifurcated, an intervention period and further procedure wil
be established for the remaining portion of the case.
NOW, THEREFORE, Idaho Power respectfully moves the Commission to: (1)
act on this motion in less than 14 days notice at the December 1, 2008, Decision
Meeting; (2) bifurcate the issues presented in the Company's Petition, and consider
each issue using separate procedural tracks; (3) process the Stipulation by Modified
Procedure, with a fourteen-day comment period; and (4) process the Company's
request to recover the cost of the Program incentives in its Power Cost Adjustment
MOTION TO BIFURCATE AND SHORTEN TIME - 3
mechanism by initially setting a fourteen-day intervention period. Following the
intervention period, the parties could discuss further procedure for the consideration of
the cost recovery issues and present their recommendation to the Commission.
Respectfully submitted this 25th day of November 2008.
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DONOVAN E. WALKER
Attorney for Idaho Power Company
MOTION TO BIFURCATE AND SHORTEN TIME - 4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 25th day of November 2008 I served a true and
correct copy of the within and foregoing MOTION TO BIFURCATE AND SHORTEN
TIME upon the following named parties by the method indicated below, and addressed
to the following:
Commission Staff
Weldon Stutzman
Deputy Attorney General
Idaho Public Utilities Commission
472 West Washington
P.O. Box 83720
Boise, Idaho 83720-0074
-- Hand Delivered
U.S. Mail
_ Overnight Mail
FAX
-- Email weldon.stutzman(ãpuc.idaho.gov
Idaho Irrigation Pumpers
Association, Inc.
Eric L. Olsen
RACINE, OLSON, NYE, BUDGE &
BAILEY, CHARTERED
P.O. Box 1391
201 East Center
Pocatello, Idaho 83204-1391
Hand Delivered
-- U.S. Mail
_ Overnight Mail
FAX
-- Email elo(ãracinelaw.net
~?~
Donovan E. Walker
MOTION TO BIFURCATE AND SHORTEN TIME - 5