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HomeMy WebLinkAbout20161003_5082.pdfDECISION MEMORANDUM 1 DECISION MEMORANDUM TO: COMMISSIONER KJELLANDER COMMISSIONER RAPER COMMISSIONER ANDERSON COMMISSION SECRETARY COMMISSION STAFF LEGAL FROM: DAPHNE HUANG DEPUTY ATTORNEY GENERAL DATE: SEPTEMBER 29, 2016 SUBJECT: AGREED MOTION TO SET COMMENT PERIOD FOR SETTLEMENT STIPULATION IN IDAHO POWER’S PROPOSED COMMUNITY SOLAR, CASE NO. IPC-E-16-14 On September 26, 2016, Idaho Power filed a Settlement Stipulation and Agreed Motion to Approve Settlement Stipulation (attached) signed by the parties to this matter: Idaho Power, Commission Staff, Idaho Conservation League (ICL), Industrial Customers of Idaho Power (ICIP), Idaho Irrigation Pumpers Association (IIPA), Snake River Alliance (SRA), Idaho Sierra Club, and City of Boise. With the Motion, the Company filed supporting documents (also attached), including the revised proposed Schedule 63. SETTLEMENT STIPULATION AND AGREED MOTION The Settlement Stipulation sets forth terms to which the parties agreed, addressing various parties’ concerns about the Company’s proposed Community Solar Pilot Program. Provisions in the Stipulation address calculation of the solar energy credit, the subscription fee, a Company-facilitated monthly fee option, and the Company’s cost recovery, among other issues. The Agreed Motion requests that the Settlement Stipulation be processed by Modified Procedure with an expedited 14-day comment period. Motion at 11. The Agreed Motion also requests that, on expiration of the comment period, the Commission approve the Settlement Stipulation without material change or condition. Id. Although the proposed 14-day comment period is shorter than the standard 21-day period, the Commission already set a 21-day comment period (which passed September 6), as to the Company’s initial Application. Order No. 33569. The Commission received comments from DECISION MEMORANDUM 2 Staff, SRA, ICIP, and ICL, but no comments from members of the public. Further, in its Application, the Company had requested an expeditious Commission decision,1 to allow it sufficient time to solicit program participants for a proposed June 2017 commercial operation date. Application at 2. The 14-day comment period on the parties’ Settlement Stipulation helps to accommodate that request. COMMISSION DECISION Does the Commission wish to issue a Notice of Settlement Stipulation and Notice of Modified Procedure with a 14-day comment period, as requested in the Agreed Motion? M:IPC-E-16-14_djh 1 The Company initially requested a September 15, 2016 effective date. Application at 2. Since then, the Company has agreed to delay the proposed effective date to engage in settlement discussions with the parties. See Order No. 33598. LISA D. NORDSTROM (lSB No. 5733) ldaho Power Company 1221West ldaho Street (83702) P.O. Box 70 Boise, ldaho 83707 Telephone: (208)388-5825 Facsimile: (208) 388-6936 lno rd strom @ idahopower. com Attorney for ldaho Power Company IN THE MATTER OF IDAHO POWER COMPANY'S APPLICATION TO APPROVE NEW TARIFF SCHEDULE 63, A COMMUNITY SOLAR PILOT PROGMM ;.) 1- '" CASE NO. IPC-E-16-14 SETTLEMENT STIPULATION AND MOTION TO APPROVE SETTLEMENT STI PULATION BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION ldaho Power Company ("ldaho Powe/' or "Company") requests that the ldaho Public Utilities Commission ("Commission") approve the settlement ("Settlement Stipulation") related to the Company's Application for a new tariff Schedule 63, A Community Solar Pilot Program, contained in this filing. The Settlement Stipulation provides for: (1) a solar energy credit that reflects the embedded cost of energy as reflected in the Company's base rates, (2) a subscription fee that reflects the cost of the project, less a 15 percent shareholder contribution, a reduction reflecting the present value of the incremental difference between the Demand Side Management ("DSM") Altemate Costs identified in the 2015 lntegrated Resource Plan and projected embedded energy costs, a reduction reflecting the present value of the projected deferral of transmission and distribution ("T&D") investments for the 25 year life of the SETTLEMENT STIPULATION AND MOTION TO APPROVE SETTLEMENT STIPULATION - 1 project, and other reductions as detailed below, and (3) a Company-facilitated monthly fee option. The Settlement Stipulation is entered into among ldaho Power, Commission Staff ("Staff'), the ldaho Conservation League ("lCL"), the Industrial Customers of ldaho Power (.lClP"), the Idaho lrrigation Pumpers Association, lnc. ("!lPA'), the Snake River Alliance ("SRq'1, the Idaho Sierra Club ("Sierra Club"), and the City of Boise ("Boise City"), hereafter referred to individually as a "Party" or jointly as "Parties." t. MoTtoN 1. The terms and conditions of this Settlement Stipulation are set forth herein. The Parties agree that this Settlement Stipulation represents a fair, just, and reasonable compromise of the dispute(s) between the Parties, and that this Settlement Stipulation is in the public interest. The Parties maintain that the Settlement Stipulation as a whole and its acceptance by the Commission represent a reasonable resolution of al! issues between the Parties identified herein. Therefore, the Parties hereby respectfully move the Commission, in accordance with RP 56 and RP 274-76, for an order approving the Settlement Stipulation executed between the Parties and all of its terms and conditions without material change or condition, and closing the current proceeding. II. BACKGROUND 2. On June 22, 2016, ldaho Power filed an application requesting that the Commission approve a new tariff Schedule 63, A Community Solar Pilot Program ("Program"). The Company proposed to build a 500 kilowatt single-axis tracking community solar array in southeast Boise that will exist to allow a limited number of ldaho Power's ldaho customers the opportunity to voluntarily subscribe to the SETTLEMENT STIPULATION AND MOTION TO APPROVE SETTLEMENT ST]PULATION - 2 generation output. ldaho Power proposed that participating customers pay a one-time upfront Subscription Fee ("Subscription Fee") and in retum receive a monthly bill credit ("Solar Energy Credit") for their designated portion of the energy produced from the affay. 3. On July 7,2016, the Commission issued a Notice of lntervention Deadline in Order No. 33552, setting forth a deadline for intervention 14 days from its issuance. Petitions to lntervene were filed by lCL, lClP, llPA, SRA, Sierra Club, and Boise City, al! of which were granted in Order Nos. 33552, 33557 ,33560, and 33562, respectively. 4. On August 16, 2016, the Commission issued a Notice of Modified Procedure in Order No. 33569. Comments were filed by ICL on August 31, 2016, and by Commission Staff, lClP, SRA, and Siena Club on September 1,2016. 5. The Parties engaged in settlement discussions on Augusl23, 2016, and September 9, 2016, that led to the following settlement of issues related to the Company's application in this docket. III. SETTLEMENT STIPULATION 6. As a compromise of the respective positions of the Parties, and for other considerations as set forth below, the Parties agree to support the Company's proposed Program as modified by the following terms: 7. Solar Enerqv Credit. The Program will use the on-bill Solar Energy Credit reflecting the embedded cost of energy, as well as the proposed application of each participant's portion of monthly generation as an offset to billed kilowatt-hours subject to the Power Cost Adjustment ('PCA'). The Solar Energy Credit rate is subject to change as the average embedded energy cost reflected in retai! rates changes or is otherwise SETTLEMENT STIPULATION AND MOTION TO APPROVE SETTLEMENT STIPULATION . 3 approved by Commission order. Parties agree that the Solar Energy Credit will appear on participating-customer bills as a "per kwh" line item. The Parties agree that the initially-proposed Program will be modified to provide the present value of the incremental difference between the DSM Alternate Costs identified in the 2015 lntegrated Resource Plan, Appendix C - Technical Report, pp. 75- 77 and projected embedded energy costs as a reduction to the Subscription Fee as detailed in Paragraph 8. ldaho Power will provide the upfront investment necessary to facilitate the reduction to the participant Subscription Fee and should be authorized to recover the return on and return of that investment at the Company's then-current authorized rate of return through the annual PCA until the Company's next general rate case when such amounts will be included in base rates. 8. Subscription Fee. Originally proposed to be $740, the Subscription Fee will be lowered to $562 to reflect three modifications, collectively referred to as the "Rate Base Amounts": (1) a reduction reflecting the net present value of the incremental difference between the DSM Alternate Costs and the forecasted embedded cost of energy, as applied to the projected output of the project over the 25-year Iife of the Program, (2) removal of the cost of the smart inverters from the total project cost, and (3) a reduction reflecting the present value of the projected deferral of T&D investments for the 25-year life of the project, as determined by the Company's recently completed study that was presented to the Energy Efficiency Advisory Group on August 30, 2016. Although Parties agree that the resulting T&D deferral value represents a reasonable compromise of the issues addressed in this case, endorsement of this Settlement Stipulation does not necessarily indicate a Party's endorsement of the underlying methodology or study utilized to calculate this value. The calculation of each of the SETTLEMENT STIPULATION AND MOTION TO APPROVE SETTLEMENT STIPULATION - 4 three adjustments, as well as the determination of the resulting Subscription Fee, is detailed in Attachment 1 to this Settlement Stipulation. 9. Monthlv Fee Ootion. While customerc may pay the entire Subscription Fee upfront by check as initially proposed by Idaho Power, the Company will also offer a "Bill Me" option through which customers will receive a bill for the entire Subscription Fee that must be paid within 30 days, allowing customers to utilize a crediUdebit card or their bank's bill pay option plus any nominal convenience fees. The Company will also offer a monthly fee option to Residential Service Customers (Schedule 1 and Schedule 5) that will provide for recovery of the Subscription Fee over 24 equal monthly payments of $26.31. A determination of the monthly fee amount of $26.31 is provided as Attachment 2 to this Settlement Stipulation. The monthly fee amount covers the revenue requirement of the subscription using an inclining depreciation schedule over 24 months and a carrying charge set at the Company's current Allowance for Funds Used During Construction (AFUDC) rate as we!! as an administration charge of $1.00 per month to reflect the costs of administering this monthly option, such as billing and other required customer service functions. Participants who choose the 24-month fee option may transfer their subscription(s) to eligible customers within the 24-month time period, subject to the same rules, fees, and restrictions included in the Company's initial filing related to subscription transfers. 10. If eligible participants elect to utilize the 24-month fee option and fail to complete all24 payments or request an eligible subscription transfer, ldaho Power will utilize a waitlist if customer interest has exceeded the amount of available subscriptions. The waitlist will be prioritized on a first-come, first-served basis, and will provide customers with the option to purchase any unpaid subscriptions through a one-time SETTLEMENT STIPULATION AND MOTION TO APPROVE SETTLEMENT STIPULATION - 5 payment at the amount of the unpaid balance. lf the waitlist is exhausted and outstanding subscriptions still exist, an as-yet to be identified third-party institution will cover the unpaid amounts to ldaho Power in exchange for the conesponding subscription(s). ldaho Power will work to secure an agreement with the as-yet to be identified third party during the Program's enrollment period. lf the Company's waitlist is exhausted and no institution agrees to indemnify ldaho Power, the Parties agree that ldaho Power should be authorized to recover 100 percent of the unpaid subscription amounts in the next year's PCA. Ownership of the associated subscriptions will remain with ldaho Power and the net power cost benefits will automatically flow through the PCA to the benefit of all customers. 11. Cost Recoverv. The Parties agree that ldaho Power should be allowed to collect 100 percent of the revenue requirement associated with the Rate Base Amounts detailed in Paragraph 8 through the Company's annual PCA mechanism, beginning with the first PCA following the project in-service date. These annual revenue requirement amounts, as detailed in Attachment 3, will be included as part of the Company's PCA filing in April of each year, until the Company resets its base rates in a future general rate case proceeding. Once the rate base amounts associated with the Program have been incorporated into the Company's overal! rate base through a general rate proceeding, the Company wi!! remove associated amounts from its PCA rates and no longer include the related revenue requirement in subsequent PCA filings. The parties agree that any Operation and Maintenance expenses in excess of those included in the determination of subscription fees or specifically identified for recovery as part of this Settlement Stipulation must be reviewed for prudence by the Commission prior to recovery through customer rates. SETTLEMENT STIPULATION AND MOTION TO APPROVE SETTLEMENT STIPULATION . 6 12. Requlatorv Accountino Treatment. The Parties agree ldaho Power may collect the revenue requirement associated with the Rate Base Amounts through the PCA until ldaho Power files its next general rate case; therefore, the Company requests that the Commission approve the collection of the revenue requirements associated with the Rate Base Amounts. The revenue requirement associated with the Rate Base Amounts for each year will be recorded to Federal Energy Regulatory Commission Account 182.3 on June 1 and applied to PCA balances on a monthly basis. At the end of the first PCA year, the Rate Base Amount for year 1 will be zero, and the Rate Base Amount for year 2 will be added to the account and so on until the Company files its next general rate case. 13. Rate lmpacts to All Customers. As detailed in Paragraph 11 , under the terms of the Settlement Stipulation, a portion of the initial project plant investment will be funded by ldaho Power and eligible for rate base treatment. Because this Company- funded amount reflects anticipated Program net power cost savings, the deferral of T&D investment, and the customer benefits associated with the Company's ability to communicate and control the smart inverter technology, all customers wil! pay for these amounts through the agreed upon accounting treatment and cost recovery detailed in Paragraphs 11 and 12, respectively. 14. With respect to the monthly fee option, all ldaho customers will act as surety in the event that participants do not pay the full subscription amount and no third party or other waitlisted customer is identified to assume the obligations/benefits of that subscription. However, because this initial Program is being offered as a pilot, Parties agree that the risk exposure to all Idaho customers is sufficiently mitigated by the size of the Program and the potential for third party and/or waitlist indemnification. SETTLEMENT STIPULATION AND MOTION TO APPROVE SETTLEMENT STIPULATION . 7 15. Reportino. ldaho Power agrees to submit an annual report updating the Commission and stakeholders with regard to the following items: . The rate and timing of acquisition of subscriptions; . Total subscriptions by rate class; . The number of participants choosing each payment option; o Default rate on the monthly fee option; . Number of participant transfers to other eligible customers; . Number of participant move-outs without subscription transfer; o Marketing expenditures; . Construction costs; . System output and allocation to subscribers; . Participant satisfaction survey results (when available); . Operations and maintenance expense; and . Warranty items. The Parties agree that the Company will report actual costs over the life of the Program; however, the Company does not intend to true-up any differences between estimated costs embedded in the Subscription Fee and actual costs incurred throughout the life of the Program. The report will be filed concurrently with the Company's annual net metering status update report, due by the end of April each year, beginning in Apri! 2018 and ending with the final year of the Program. 16. Tariff Schedule 63. The Settlement Stipulation terms described in the foregoing paragraphs are set forth in tariff Schedule 63, Community Solar Pilot Program, in Attachment 4. SETTLEMENT STIPULATION AND MOTION TO APPROVE SETTLEMENT STIPULATION - 8 17. The Parties submit this Settlement Stipulation to the Commission and recommend approval in its entirety pursuant to RP 274-76. The Parties shall support this Settlement Stipulation before the Commission and shall not appeal a Commission order approving the Settlement Stipulation or an issue resolved by the Settlement Stipulation. lf this Settlement Stipulation is challenged by anyone who is not a party, then each Party reserves the right to file testimony, cross-examine witnesses, and put on such case as they deem appropriate to respond fully to the issues presented, including the right to raise issues that are incorporated in the settlements embodied in this Settlement Stipulation. Notwithstanding this reservation of rights, the Parties agree that they will continue to support the Commission's adoption of the terms of this Settlement Stipu lation. 18. lf the Commission or any reviewing body on appeal rejects any part or all of this Settlement Stipulation or imposes any additional material conditions on approval of this Settlement Stipulation, then each Party reserves the right, upon written notice to the Commission and the other Parties to this proceeding within 14 days of the date of such action by the Commission, to withdraw from this Settlement Stipulation. In such case, no Party shall be bound or prejudiced by the terms of this Settlement Stipulation and each Party shall be entitled to seek reconsideration of the Commission's order, file testimony as it chooses, cross-examine witnesses, and do all other things necessary to put on such case as it deems appropriate. ln such case, the Parties immediately will request the prompt reconvening of a prehearing conference for purposes of establishing a procedural schedule for the completion of Case No. IPC-E-16-14, and the Parties agree to cooperate in development of a schedule that concludes the proceeding on the SETTLEMENT STIPULATION AND MOTION TO APPROVE SETTLEMENT STIPULATION . 9 earliest possible date, taking into account the needs of the Parties in participating in hearings and preparing briefs. 19. The Parties agree that this Settlement Stipulation is in the public interest and that all of its terms and conditions are fair, just, and reasonable. 20. No Party shall be bound, benefited, or prejudiced by any position asserted in the negotiation of this Settlement Stipulation, except to the extent expressly stated herein, nor shall this Settlement Stipulation be construed as a waiver of rights unless such rights are expressly waived herein. Except as otherwise expressly provided for herein, execution of this Settlement Stipulation shall not be deemed to constitute an acknowledgment by any Party of the validity or invalidity of any particular method, theory, or principle of regulation or cost recovery. No Party shall be deemed to have agreed that any method, theory, or principle of regulation or cost recovery employed in arriving at this Settlement Stipulation is appropriate for resolving any issues in any other proceeding in the future. No findings of fact or conclusions of law other than those stated herein shall be deemed to be implicit in this Settlement Stipulation. This Settlement Stipulation sets forth the complete understanding of the Parties, and this Settlement Stipulation includes no other promises, understandings, representations, arrangements or agreements pertaining to the subject matter of this Settlement Stipulation, or any other subject matter, not expressly contained herein. 21. The obligations of the Parties are subject to the Commission's approval of this Settlement Stipulation in accordance with its terms and conditions and upon such approval being upheld on appeal, if any, by a court of competent jurisdiction. All terms and conditions of this Settlement Stipulation are subject to approval by the Commission, SETTLEMENT STIPULATION AND MOTION TO APPROVE SETTLEMENT STIPULATION - 1O and only after such approval, without material change or modification, has been received shall the Settlement Stipulation be valid. 22. This Settlement Stipulation may be executed in counterparts and each signed counterpart shall constitute an original document. IV. PROGEDURE 23. Pursuant to RP 274, the Commission has discretion to determine the manner with which it considers a proposed settlement. ln this matter, the Parties have reached agreement on a final resolution to this case. This Settlement Stipulation is reasonable and in the public interest. Pursuant to RP 201, the Parties believe the public interest does not require a hearing to consider the issues presented by this Motion and request it be processed as expeditiously as possible by Modified Procedure with a 14- day comment deadline, without waiving the right to a hearing on the previously disputed matters in this proceeding should the Commission reject the settlement. V. REQUESTED RELIEF NOW, THEREFORE, the Parties respectfully request that the Commission process this Settlement Stipulation using Modified Procedure with a 14-day comment period and then enter its order approving the Settlement Stipulation without material change or condition. SETTLEMENT STIPULATION AND MOTION TO APPROVE SETTLEMENT STIPULATION . 11 ldaho Power Company JL DATED nis :{aay of September, 2016. ldaho Conservation League By Benjamin J. Otto Aftomey for ldaho Conservation League ldaho lnigation Pumpers Association, lnc. By Eric L. Olsen Attomey forthe ldaho lrigation Pumpers Association, lnc. ldaho Siena Club Commission Staff Daphne Huang Attomey for IPUC Staff lndustria! Customers of ldaho Power Peter J. Richardson Attomey for the lndustrial Customers of ldaho Power Snake River Alliance By Ken Miller Clean Energy Program Director of Boise City Elizabeth A. Koeckeritz Attorney for City of Boise By By City By_By Zach Waterman Director of ldaho Siena Club SETTLEMENT STIPULATION AND MOTION TO APPROVE SETTLEMENT STIPULATION . 12 ldaho Power Company By Lisa D. Nordstrom Attorney for ldaho Power Company ldaho Conservation League By Benjamin J. Otto Attorney for ldaho Conservation League ldaho lrrigation Pumpers Association, lnc. By Eric L. Olsen Attorney for the ldaho lrrigation Pumpers Association, lnc. ldaho Sierra Club Commission Staff lndustrial Customers of ldaho Power Peter J, Richardson Attorney for the lndustrial Customers of ldaho Power Snake River Alliance Ken Miller Clean Energy Program Director City of Boise City T DATED Uis ffiay of September, 2016. By By By Zach Waterman Director of ldaho Sierra Club SETTLEMENT STIPUI.ATION AND MOTION TO APPROVE SETTLEMENT STIPUIATION . Elizabeth A. Koeckeritz Attorney for City of Boise By 12 .-'7 ? DATED UrSs ;'-,:.? day of Sepgnber, 2016. ldaho Pmer Conpany By Lisa D. Nordstrom Atiomey br ldaho PqrerCompany ldaho Conservation League Attomey fur ldaho Conservation League Idaho lnigation Pumpers Association, lnc. By Eric L. Olsen Attomey forthe ldaho lnigation Pumpers Association, lnc. ldaho Siena Club Zach Waterman Director of ldaho Sierra Club SETTLEMENT STIPUTATION AND MOTION TO APPROVE SETTLEMENT STIPULATION - 12 Commission Sffi Daphne Hu,ang Atbmey tor IPUC Statr lndustsial Customers of ldaho Pqrer Peter J. Richardson Attomey fur the lndusbial Custoners of ldaho Power Snake River Alliance Ken Miller Clean Energy Program Director of Boise City Elizabeth A. KoeckeriE Attomey br Ci$ of Boise City By_ ByBy By DATED this _ day of September, 2016. ldaho Power Company Lisa D. Nordstrom Attorney for ldaho Power Company ldaho Conservation League Benjamin J. Otto Attorney for ldaho Conservation League ldaho lrrigation Pumpers Association, lnc. Commission Staff Daphne Huang Aftorneyfor IPUC Staff lndustrial Customers of ldaho Power By Attorney for the lndustrial Customers of ldaho Power Snake River Alliance By Eric L. Olsen Attorney for the ldaho lrrigation Pumpers Association, lnc. ldaho Sierra Club By Ken Miller Clean Energy Program Director City of Boise City By By Zach Waterman Director of ldaho Sierra Club SETTLEMENT STIPULATION AND MOTION TO APPROVE SETTLEMENT STIPULATION . 12 Elizabeth A. Koeckeritz Attorney for City of Boise DATED this day of September,2016. ldaho Power Company By By Lisa D. Nordstrom Attorney for ldaho Power Company ldaho Conservation League By Commission Staff Daphne Huang Attorney for IPUC Staff lndustrial Customers of ldaho Power Peter J. Richardson Attorney for the lndustrial Customers of ldaho Power Snake River Alliance Ken Miller Clean Energy Program Director of Boise City Elizabeth A. Koeckeritz Attorney for City of Boise By Benjamin J. Otto Attorney for ldaho Conservation League By Attorney for the ldaho lrrigation Pumpers Association, Inc. ldaho Sierra Club By Zach Waterman Director of ldaho Sierra Club SETTLEMENT STIPULATION AND MOTION TO APPROVE SETTLEMENT STIPULATION . 12 City By_ By DATED thtsAL day of Septembe r,2A16. ldaho Power Company Commission Staff By Lisa D. Nordstrom Daphne Huang Aftorney for ldaho Power Company Attorney for IPUC Staff ldaho Conservation League lndustrial Customers of ldaho Power Benjamin J. Otto Peter J. Richardson Attorney for ldaho Conservation League Attorney for the lndustrial Customers of ldaho Power ldaho lrrigation Pumpers Association, lnc. Snake RiverAlliance Bv rrfu -Eric L. Olsen Ken Miller Attorney for the ldaho lrrigation Pumpers Clean Energy Program Director Association, lnc. ldaho Sierra Club City of Boise City By By ByBy Zach Waterman Director of ldaho Sierra Club SETTLEMENT STIPULATION AND MOTION TO APPROVE SETTLEMENT STIPULATION - 12 Elizabeth A. Koeckeritz Attorney for City of Boise DATED this l) day of September, 2016. ldaho Power Gompany Commission Staff By By Lisa D. Nordstrom Daphne Huang Attorney for ldaho Power Company Attorney for IPUC Staff ldaho Conservation League lndustrial Customers of ldaho Power By By Benjamin J. Otto Peter J. Richardson Attorney for ldaho Conservation League Attorney for the lndustrial Customers of ldaho Power ldaho lrrigation Pumpers Association, lnc. Snake River Alliance Eric L. Olsen Ken Miller Attorney for the ldaho lrrigation Pumpers Clean Energy Program Director Association, lnc. ldaho Sierra Club City of Boise Cig ByBy , t LU--Bv 'tlr.Lwa>* Zrch Waterman By Director of ldaho Sierra Club SETTLEMENT STIPULATION AND MOTION TO APPROVE SET'TLEMENT STIPULATION - 12 Elizabeth A. Koeckeritz Attorney for City of Boise DATED tnis L?* oay of September, 2016. ldaho Power Company Lisa D. Nordstrom Attorney for ldaho Power Company ldaho Conservation League Benjamin J. Otto Attorney for ldaho Conservation League ldaho lrrigation Pumpers Association, lnc. Eric L. Olsen Attorney for the tdaho lrrigation Pumpers Association, lnc. ldaho Sierra Club By.By ByBy ByBy Commission Staff Daphne Huang Attorney for IPUC Staff lndustrial Customers of ldaho Power Peter J. Richardson Attorney for the lndustrial Customers of Idaho Power Snake River Alliance Ken Miller Clean Energy Program Director City of Boise City By Zach Waterman Director of ldaho Sierra Club SETTLEMENT STIPULATION AND MOTION TO APPROVE SETTLEMENT STIPULATION - 12 City of Boise Public Works Director BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION cAsE NO. IPC-E -16-14 IDAHO POWER GOMPANY ATTAGHMENT 1 e =lnd dld "'1" 4uz! 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IPC-E-16-14 IDAHO POWER COMPANY ATTACHMENT 3 E $ s $ld[Fi ^i Hldll :l;|;[ ;;;ffi ;;il[ illlil E B ulxl *u'l;f; :t:ll[Fr'-l-H d o Hdd@dH+ 6 0+oFFF't | < | tsdoH{t,d 6tH mo d o iHoodoc 6 0toNFF' t ' < ' NdmHo6 | d o$d mo H O HHts@O6C 6 O{6NtsF{ ' + ' Nd{HdN 'd ogH oo H O ii6@tsF{ h os6NFF' $- ' $ ,\N-uIa.1.1' N O$d mo d o Hdo@oo< 6 0+oNtsF'{-'s ,\d-@-3o-o-'d otH m6 H O HdOO${t 6 0a6FFF'{-'s ,\d-\3olo-,do$Hdd d o @Htsgdd<60{dtsHi{- ' s ' o.d.ofq.1.1'd dqHodd d o oiFo@@c 6 d{FFdd ' + ' + ' @do6dd I N dsd@dH d o 6H{oddc 6 d{tF@@, {-, $ ,@-.tno-o-a-,d d9d@Hd d o @ dd@@+ 6 d Nqo6, (-'$'6-,FlF{.1.1,o600H6 H o r 6'?o6{ h 6 {Odd,<,c'i,+6dild 6 dH$t d o s oN@@Q 6 0 ihdd' + ' + ' d,6oHd,d H N6dd .9FE.z4& a jaE E rEt i EEE r" 99x c 0ca - i9S E 'E i-iiEb E TEBI E eEt ,Er guis**3;-,, EE- E uE*t;gtttE$,Eu gEEEiEEEEEEgEg3 d d6 @ N6 06 0 @ ' o i ' r od | ts | o I d d6 H 6d d$ o s6 dH H H d$ N @m m6 F @' o- ' ' ,o-6- ''1'@-,H d@ s od d6 N6 6d i H HN O AilmidN ' o ' ' r os I o, o, I I I j jS d F'H HN @ 6o oH d d dH o iO OF @ F ' o ' ' ro6 ' o, o. 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IPC-E-16-14 IDAHO POWER COMPANY ATTACHMENT 4 ldaho Power Company !.P.U.C. No. 29. Tariff No. 101 Oriqinal Sheet No. 63-1 SCHEDULE 63 COMMUNITY SOLAR PILOT PROGRAM (oPTroNAL) PROGRAM DESCRIPTION The Community Solar Pilot Program ("Program") is an optional program that will provide a limited number of ldaho Power's ldaho Customers the opportunity to voluntarily subscribe to the generation output of a 500 kW single-axis tracking community solar array. AVAILAB!LITY The Program is available to Eligible Customers that hold evidence of a Subscription or an entitlement to the electric generation output of a portion of the community solar array. Participation in the Program is available on a first-come, first-served basis to all Eligible Customers who complete a Participant Agreement. Approximately 1,563 Subscriptions will be available. lf ldaho Power does not receive what it deems to be a sufficient number of Subscriptions for the Program, ldaho Power may terminate the Program and refund the Subscription Fees as set forth under "Refund of Subscription Fee" in the Participant Agreement. DEFINIT!ONS Elioible Customers. Residential Service (Schedules 1 and 5), Small General Service (Schedule 7), Large General Service (Schedule 9), Large Power Service (Schedule 19), Agricultura! lrrigation Service (Schedule 24), Micron Special Contract (Schedule 26), Simplot Special Contract (Schedule 29), and the Department of Energy Special Contract (Schedule 30) Customers. Non-metered and lighting accounts may not participate in the Program. Customers must be in Good Standing with metered electric service accounts with service addresses located in ldaho within ldaho Power's service area. Participants must be 18 years of age or older and have full power and authority to execute the Participation Agreement. Participant must be the customer of record on the ldaho Power account for the service agreement to which the Subscriptions apply. Good Standino. At the time of Subscription a Customer is in "Good Standing" if the Customer does not have a past-due balance of $100 or more that is 60 days or more past due. Participant. The Customer specified as the Participant in the Participant Agreement is the Eligible Customer that has received notification of acceptance into the Program, or a successor Participant designated in accordance with the Participant Agreement. Participant Aoreement. Eligible Customers will be required to sign the Participant Agreement prior to participating in the Program. Participants will be subject to the terms and conditions of the Participant Agreement. Subscription. A "Subscription" is the Participant's applicable portion of the electricity output generated by the community solar array developed in connection with the 500 kW project. IDAHO lssued per Order No. Effective - lssued by IDAHO POWER COMPANY Timothy E. Tatum, Vice President, Regulatory Affairs 1221\Nest ldaho Street, Boise, ldaho2016 ldaho Power Company |.P.U.C. No. 29. Tariff No. 101 Oriqinal Sheet No. 63-2 SCHEDULE 63 COMMUNITY SOLAR PILOT PROGRAM (oPTroNAL) (Continued) TERM The Program term will extend 25 years after the date of first production of solar energy on a non-test basis (Operation Date). Service on this rate schedule ("Enrollment") will commence with the first billing cycle following the later of (i) the approval of the Eligible Customer's Participant Agreement by the Company, and (ii) the Operation Date. SUBSCRIPTION FEE $562.00 per Subscription. PAYMENT OF SUBSCRIPTION FEE Customers have the following payment options: 1. A single upfront payment by check. 2. A single upfront payment made by debiUcredit card, mail-in check or money order, paystation check or money order, or personal on-line bank transfer ("Bill Me"). A Customer who requests the "Bill Me" option on the Participant Agreement will receive an ldaho Power Company generated bill, separate from their monthly electric service bill, which must be paid within 30 days. A convenience fee will be applied to debiUcredit card payments. 3. Monthly fee for 2 years (24 months). Residential Service Customers (Schedules 1 and 5) may choose the monthly fee option and will receive 24 monthly bills, separate from their monthly electric service bill, which must be paid within 30 days of the monthly invoice date. Payments may be made by debiUcredit card, mail-in check or money order, paystation check or money order, or personal on-line bank transfer. A convenience fee will be applied to debiUcredit card payments. The monthly Subscription Fee of $26.31 will cover the cost of the Subscription Fee, carrying charges, and an administration charge of $1.00 per month to reflect the costs of administering this monthly option. lnvoicing of the monthly Subscription Fee will begin with Enrollment. lf the monthly Subscription Fee is not paid within 60 days from the monthly invoice date, the Customer will be considered in default and the entire Subscription wil! be transferred to ldaho Power. PARTICIPATION To participate in the Program, a Customer must sign and return the Participant Agreement and elect its method of payment for the Subscription Fee. IDAHO lssued per Order No. lssued by IDAHO POWER COMPANY Timothy E. Tatum, Vice President, Regulatory Affairs 1221West ldaho Street, Boise, ldahoEffective ,2016 ldaho Power Company I.P.U.C. No. 29. Tariff No. 101 OrioinalSheet No. 63-3 SCHEDULE 63 COMMUNITY SOLAR PILOT PROGRAM (oPTroNAL) (Continued) PARTICIPATION (Continued) Should a prospective participant have more than one service agreement, the participant must designate which service agreement and account the Subscription should apply to. Customers may apply for multiple Subscriptions; however, the estimated total energy output of the Subscriptions may not exceed 100 percent of the customer's usage for the prior 12-month period (on a kWh basis) per service agreement. lf 12 months of usage data is not available, a prospective Participant may estimate its annual usage, using a method that includes, but is not limited to, usage by similarly sized properties or builder or architect estimates. All estimates are subject to review and approval by ldaho Power at its sole discretion. Customers that ldaho Power at its sole discretion determines are ineligible will be notified promptly, which ldaho Power expects to occur within 10 business days after such Participant Agreement is deemed ineligible. ln the event a Customer is ineligible to participate, the Subscription Fee payments received by ldaho Power from ineligible Customers will be returned without interest. For 60 days following the receipt of a Commission order, nonresidential Customers are limited to 50 Subscriptions each and 30 percent of total capacity in aggregate. After 60 days following the receipt of a Commission order, all available capacity may be made available to all eligible customer classes at the Company's sole discretion. SOLAR ENERGY CREDIT Participants will receive a credit on their monthly bill for retail electric service. The amount of the Solar Energy Credit will depend on the type of retail metered electric service of the designated service agreement. The Solar Energy Credit will commence on the first billing cycle after the Operation Date, and will appear as a "per kWh" line item on each Participant's bill. The monthly bill credit will be limited to the Participant's monthly billed kWh. Any excess production will be carried forward on a kWh basis. Under no circumstances will any excess production that is unused be converted to monetary compensation or have value beyond the term of the Program, and upon termination of the Program, any unused excess production will be forfeited. The monthly Solar Energy Credit will be equal to the product of (a) the Solar Energy Credit rate as set forth below and (b) the proportional share measured in kWh of the monthly generation from the array for that month (as determined by the number of Subscriptions and monthly generation). The month to which the Solar Energy Credit is applicable may not match the billing period for the retail electric service billing to which the Solar Energy Credit is applied. lDAHO lssued per Order No. lssued by IDAHO POWER COMPANY Timothy E. Tatum, Vice President, Regulatory Affairs 1221West ldaho Street, Boise, ldahoEffective ,2016 ldaho Power Company LP.U.C. No. 29. Tariff No. 101 OrioinalSheet No. 63-4 SCHEDULE 63 COMMUNITY SOLAR PILOT PROGRAM (oPTroNAL) (Continued) SOLAR ENERGY CREDIT (Continued) Solar Enersv CreditSchedule Description d per kWh 1 and 5 Residential Service 3.02467 Small General Service 3.0209 95 Large General Service 2.9936 9P and 9T Large General Service 2.7352 19 Large Power Service 2.7735 24 lrrigation Service 2.6559 26 Micron Special Contract 2.5167 29 Simplot Special Contract 2.5371 30 DOE Special Contract 2.4915 The Power Cost Adjustment rate set forth in Schedule 55 will be applied to the net of the Participant's total energy use measured as the Participant's monthly billed kWh less their proportional share of the monthly generation measured in kWh from the anay for that month. The Solar Energy Credit rate is subject to change as the average embedded energy cost reflected in retail rates changes or as otherwise approved by Commission order. CANCELLATION The Participant is not eligible to receive a refund of any portion of the Subscription Fee upon cancellation of the Subscription. The Participant may elect to transfer the Subscription within 60 days of the Participant terminating service with ldaho Power. lf no transfer is requested within such 60-day period, the Subscription and all benefits of the Subscription will revert to ldaho Power. The Subscription transfer terms are discussed below. SUBSCRIPTION TRANSFER A Participant may elect to transfer the remaining life of the Participant's Subscription to a new service agreement or service location for the same Participant that meets the eligibility requirements. Such transfers are not subject to additiona! fees. Upon termination of a Participant's service, Participants may transfer the remaining life of their entire Subscription to another Eligible Customer's service agreement, including an eligible non-profit, for a $25 fee. Participants with more than one Subscription may transfer their Subscriptions in whole subscription increments to one or more Eligible Customers for a $25 fee per transfer. A single Subscription cannot be split for multiple transfers. !DAHO lssued per Order No. lssued by IDAHO POWER COMPANY Timothy E. Tatum, Vice President, Regulatory Affairs 1221West ldaho Street, Boise, ldahoEffective ,2016 ldaho Power Company |.P.U.C. No. 29. Tariff No. 101 OriqinalSheet No. 63-5 SCHEDULE 63 COMMUNITY SOLAR PILOT PROGRAM (oPTroNAL) (Continued) SUBSCRIPTION TRANSFER (Continued ) Participants that have requested to pay for their Subscription over 24 months, and have remaining monthly fees at the time of termination of Service, may request to transfer the remaining life of their Subscription to another Eligible Customer's service agreement, for the remaining plant balance (the remaining balance of which is to be assumed in full by the transferee) and a $25 fee. Participants must notify ldaho Power in writing of their intent to transfer any Subscription(s). Transfers will only be effective if the recipient satisfies the terms and conditions applicable to the Subscription and signs the Participant Agreement and assumes all responsibilities associated therewith. ENVI RONMENTAL ATTRI BUTES ldaho Power will retain ownership of the Renewable Energy Certificates and all other environmental attributes including but not limited to carbon emission reduction credits. The Renewable Energy Certificates will be retired by ldaho Power on behalf of Participants. RULES AND REGULATIONS Service under this Schedule will be in accordance with the standard Rules and Regulations of the Company as on file with the ldaho Public Utilities Commission. IDAHO lssued per Order No. Effective lssued by IDAHO POWER COMPANY Timothy E. Tatum, Vice President, Regulatory Affairs 1221 West ldaho Street, Boise, ldaho2016