20110112notice_of_workshop_ipc.pdf

Office of the Secretary
Service Date
January 12, 2011
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF IDAHO POWER COMPANY FOR
ACCEPTANCE OF ITS 2011 RETIREMENT
BENEFITS PACKAGE NOTICE OF WORKSHOP
CASE NO. IPC-IO-
On October 1 , 2010, Idaho Power Company filed an Application with the
Commission requesting the Commission accept the Company s 2011 retirement benefits
package. Last year the Company requested authorization to recover in customer rates its 2010
cash contributions to its defined benefits portion of its employee retirement package. The
Commission approved the request in Order No. 31091 , but directed Idaho Power to review and
consider changes to its pension plan.
On October 15, 2010, the Commission issued a Notice of Application and Notice of
Modified Procedure establishing a 60-day period for filing written comments, followed by a 14-
day responsive comment period. The Commission Staff and the Industrial Customers of Idaho
Power (ICIP) filed comments on December 14, 2010, and Idaho Power filed responsive
comments on December 28 2010. On December 30, 2010, ICIP filed a Motion for Leave to File
Sur-Reply Comments, with the comments attached. Idaho Power filed responsive comments on
January 6 2011.
The Commission Staff and ICIP raised similar objections in their comments, stated
that Idaho Power failed to follow the Commission s instructions to carefully review possible
changes to its benefits package, and recommended the Commission deny the Company s request
for acceptance of its 2011 retirement benefits package. The Company in its reply comments
asserts it complied with the Commission s instruction to "consider changes to its retirement plan
to address shareholder and employee liabilities in the assignment of pension plan investment
risk."
On December 30, 2010, ICIP filed a Motion for Leave to File Sur-Reply Comments
with the comments attached. ICIP contends Idaho Power raised legal arguments not raised in its
Application or prefiled testimony and also noted the Company s reply comments attached a
report by its consultant that was not previously provided to Staff or ICIP.
NOTICE OF WORKSHOP
On January 6, 2011 , Idaho Power filed comments in response to ICIP's Motion to
Allow Additional Comments. Idaho Power responded to ICIP's characterization of the
Company s suggestion that potential terms of a defined contribution benefit plan could violate
relevant federal regulations. Idaho Power stated that "Changes to any qualified plan design
require careful consideration, taking into account the particular plan s ability to pass applicable
discrimination tests, including, but not limited to, those under Code Sections 401(a)(4), 41O(b),
and 414(s)." Idaho Power Response to Sur-Reply Comments, p. 2.
YOU ARE HEREBY NOTIFIED that the Commission has determined to convene a
workshop to provide the parties an opportunity to clarify statements and concerns expressed in
their written comments, and provide the Commission the opportunity to ask questions to clarify
the record. The workshop will convene on MONDAY. JANUARY 24. 2011. AT 9:30 A.M. IN
THE COMMISSION HEARING ROOM. 472 WEST WASHINGTON STREET. BOISE.
IDAHO.
YOU ARE FURTHER NOTIFIED that all proceedings 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)
E-mail: secretarv~puc.idaho.gov
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 that 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 WORKSHOP
1 ~DATED at Boise, Idaho this day of January 2011.
tl.
D. KEM TON, RES ENT
MARSHA H. SMITH, COMMISSIONER
,,~.
A. ,
MACK A. REDFO
ATTEST:
~ili je D. Jewell
Commission Secretary
bls/O:IPC-l 0-- ws2 _workshop
NOTICE OF WORKSHOP