20090310notice_of_hearing_order_no_30743.pdf

Office of the Secretary
Service Date
March 10 2009
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF IDAHO POWER COMPANY FOR
AUTHORITY TO RETIRE ITS GREENTAGS. CASE NO. IPC-08-
NOTICE OF HEARING
FOR ORAL ARGUMENT
ORDER NO. 30743
On January 26, 2009, the Commission issued Order No. 30720 approving Idaho
Power s request to retire its Green Tags. The Industrial Customers of Idaho Power (ICIP) filed a
timely Petition for Reconsideration on February 17, 2009, alleging that the Commission had a
fundamental misunderstanding about the nature of Green Tags and the workings of the Green
Tags market." Petition for Reconsideration, p. 1. Specifically, ICIP argued that the Commission
did not understand the consequences that retirement has on Green Tags, its effect on ratepayer
assets, and implications to image advertising. Idaho Power did not file a response to ICIP'
Petition.
After reviewing the Petition and final Order, the Commission grants Industrial
Customers of Idaho Power s Petition for Reconsideration. Reconsideration shall be granted by
written briefs, followed by oral argument, pursuant to the schedule detailed in this Order.
ISSUES ON RECONSIDERATION
In its Petition, ICIP raises three issues regarding the Commission s final Order in this
case. First, ICIP maintains that the Order reflects a misunderstanding of the Green Tag market.
ICIP asserts that retired Green Tags cannot be used to meet future renewable portfolio standards.
ICIP advocates holding the Green Tags, but references "shelf life" as a potential obstacle to this
option.
Second, ICIP argues that the Order inappropriately disposes of "surplus ratepayer
funded property.Petition for Reconsideration, p. 2. ICIP claims that retiring the Green Tags
destroys the value of this surplus property that could otherwise financially benefit the ratepayers.
Finally, ICIP alleges that Idaho Power s intent to retire Green Tags in order to
advertise its renewable resources amounts to image advertising. ICIP argues that the
Commission s Order failed to address whether $2 000 000, in addition to advertising funds
already contributed by ratepayers, is a reasonable budget for image advertising.
NOTICE OF HEARING FOR ORAL ARGUMENT
ORDER NO. 30743
COMMISSION FINDINGS
Reconsideration provides an opportunity for a party to bring to the Commission
attention any question previously determined and thereby affords the Commission with an
opportunity to rectify any mistake or omission. Washington Water Power Co. v. Kootenai
Environmental Alliance 99 Idaho 875 , 879, 591 P.2d 122 , 126 (1979). The Commission may
grant reconsideration by rehearing if it intends to take additional argument. If reconsideration is
granted, the Commission must complete its reconsideration within 13 weeks after the deadline
for filing petitions for reconsideration. Idaho Code 9 61-626(2). The Commission must issue its
order upon reconsideration within 28 days after the matter is finally submitted. Id.
Given the relatively unique concept of Green Tags, i., separating the attributes of
renewable energy from the actual energy produced, the Commission finds it appropriate to grant
reconsideration on this matter in order to more fully examine the issues presented. In granting
reconsideration, we require the parties to state with greater clarity their claims regarding:
The concept of "shelf life" for a Green Tag that is neither retired nor sold;
Federal and/or state guidelines regarding shelflife;
Federal and/or state rules that disallow the use of previously retired Green
Tags to meet current/future renewable portfolio standards;
The monetary value that the disputed Green Tags would have if sold in the
present market;
The differential that such value would have if credited back to each
ratepayers ' bill (i., what difference an individual ratepayer would see in
his or her bill if the Green Tags were sold and credited back to the
ratepayers) and the amount of time that such credit would be in place; and
Whether retiring Green Tags in order to use the credits to promote Idaho
Power s renewable resources amounts to image advertising.
The Commission will accept written arguments in the form of legal briefs. ICIP'
initial brief shall be filed on or before March 30, 2009. Idaho Power s responsive brief shall be
filed on or before April 20, 2009.
NOTICE OF HEARING FOR ORAL ARGUMENT
ORDER NO. 30743
NOTICE OF HEARING FOR ORAL ARGUMENT
YOU ARE HEREBY NOTIFIED that the Commission will convene a hearing for
oral argument in this case on WEDNESDAY. APRIL 22. 2009. AT 9:30 A.M. IN THE
COMMISSION HEARING ROOM. 472 WEST WASHINGTON STREET. BOISE.
IDAHO . The Commission will hear oral argument on the issues discussed herein.
YOU ARE FURTHER NOTIFIED that all hearings will be conducted pursuant to the
Commission s Rules of Procedure. IDAPA 31.01.01.000 et seq.
YOU ARE FURTHER NOTIFIED that all hearings and oral arguments in this matter
will be held in facilities meeting the accessibility requirements of the Americans with
Disabilities Act (ADA). Persons needing the help of a sign language interpreter or other
assistance in order to participate in or to understand testimony and argument at a public hearing
may ask the Commission to provide a sign language interpreter or other assistance at the hearing.
The request for assistance must be received at least five (5) working days before the hearing by
contacting the Commission Secretary at:
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone] (Telephone)
[phone] (FAX)
Mail: secretaryCfYpuc.idaho.gov
ORDER
IT IS HEREBY ORDERED that Industrial Customers of Idaho Power s Petition for
Reconsideration is granted to allow the ICIP and Idaho Power an opportunity to present
additional evidence regarding the issues discussed in the body of this Order. The Commission
will accept written briefs from ICIP no later than March 30, 2009, and from Idaho Power no later
than April 20, 2009.
IT IS FURTHER ORDERED that an oral argument take place on April 22, 2009, at
9:30 a.m. in the Commission Hearing Room.
NOTICE OF HEARING FOR ORAL ARGUMENT
ORDER NO. 30743
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
-fA
day of March 2009.
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MARSHA H. SMITH, COMMISSIONER
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JIM . MMISSIONER
ATTEST:
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D. Jewell
C mmission Secretary
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NOTICE OF HEARING FOR ORAL ARGUMENT
ORDER NO. 30743