20140402notice_of_petition_order_no_33007.pdf

Office of the Secretary
Service Date
April 2,2014
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF IDAHO POWER )
COMPANY’S PETITION FOR APPROVAL )CASE NO.IPC-E-14-02
OF THIRD AMENDMENT TO ITS )
AGREEMENT WITH ENERNOC,INC.-)NOTICE OF PETITION
DEMAND RESPONSE PROGRAM )
)NOTICE OF
)MODIFIED PROCEDURE
)
______________________________
)ORDER NO.33007
YOU ARE HEREBY NOTIFIED that on March 7,2014,Idaho Power Company filed
a Petition requesting approval of the third amendment to the Company’s Agreement with
EnerNOC,Inc.EnerNOC pursuant to the Agreement provides a demand response program for
Idaho Power’s commercial and industrial customers,identified as its Flex Peak Management
Program.The objective of the Flex Peak Program is to reduce demand on Idaho Power’s system
during peak load times by customers’voluntary reduction in electrical use.EnerNOC is
responsible for developing and implementing all marketing plans,securing participants,
installing and maintaining all equipment beyond Idaho Power’s meter necessary to reduce
demand,track participation,and report results to the Company.Petition,p.2.
YOU ARE FURTHER NOTIFIED that the Commission approved the initial
Agreement between Idaho Power and EnerNOC in May 2009,and approved the first amendment
to the Agreement in June 2010.In December 2012,Idaho Power filed an application requesting
authority to temporarily suspend two demand response programs,the A/C Cool Credit and
Irrigation Peak Rewards programs,because the Company’s 2013 Integrated Resource Plan did
not show peak hour capacity deficits until July 2016.In February 2013, the parties in the case
reached a settlement to allow for the temporary suspension of the A/C Cool Credit Program and
Irrigation Peak Rewards Program during the 2013 season.In March 2013,the Company filed a
petition seeking Commission approval of a second amendment to the Agreement allowing the
Company and EnerNOC to reduce the amount of weekly nominated demand reduction
obligations,the available hours of the program,and the amount per kilowatt that Idaho Power
pays to EnerNOC.The Commission subsequently approved the second amendment to the
NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.33007 1
Agreement and directed the Company to discuss the future of the Flex Peak Program during
demand response workshops to be held that summer.Order No.32805.Public workshops were
convened in July and August 2013,with a final public workshop and settlement conference on
August 27,2013.In October 2013,Idaho Power requested the Commission approve a settlement
agreement signed by the Company and participating parties relating to the modification and
reinstatement of the Company’s demand response programs for 2014 and beyond.Petition,p.4.
The Commission later issued Order No.32923 approving the settlement agreement.The
Company filed a Petition in this case seeking approval of the third amendment to modify the
Agreement to comply with the terms of the settlement agreement previously approved by the
Commission.Petition,p.4.
YOU ARE FURTHER NOTIFIED that Idaho Power’s Petition states that the third
amendment aligns with the settlement agreement approved in Case No.IPC-E-l3-l4.It extends
the contract termination date through the end of the 2014 program season,reduces payments to
EnerNOC,and makes changes to the payment structure,along with other changes.The third
amendment also makes a few changes not identified in the settlement agreement.Specifically,
the third amendment limits availability of the Flex Peak Program after the first three dispatch
events.Idaho Power Petition,p.5.The Petition states that because these dispatch limitations
were not mentioned in the settlement agreement,Idaho Power consulted its Energy Efficiency
Advisory Group (EEAG),which supported the Company placing the additional term in the third
amendment.Id.
YOU ARE FURTHER NOTIFIED that Idaho Power states that EnerNOC believes
the original Agreement and subsequent amendments contain information that is confidential,
valuable proprietary information.Accordingly,the Company filed its third amendment under
separate cover and in accordance with the Commission’s rules on handling confidential
information.Petition,pp.5-6.The Company prepared a confidential explanation of the third
amendment that will be available to parties upon request and execution of the appropriate
Protective Agreement.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has determined that the
public interest may not require a formal hearing in this matter and will proceed under Modified
Procedure pursuant to Rules 201 through 204 of the Idaho Public Utilities Commission’s Rules
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ORDER NO.33007 2
of Procedure,IDAPA 31.01.01.201-204.The Commission notes that Modified Procedure and
written comments have proven to be an effective means for obtaining public input and
participation.
YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this
Application may file a written comment in support or in opposition with the Commission within
twenty-one (21)days from the service date of this Notice.The comment must contain a
statement of reasons supporting the comment.
YOU ARE FURTHER NOTIFIED that that the Company must file reply comments
within seven days of the comment period.
YOU ARE FURTHER NOTIFIED that persons desiring a hearing must specifically
request a hearing in their written comments.Written comments concerning this Application may
be mailed to the Commission and Idaho Power at the addresses reflected below:
Commission Secretary Julia A.Hilton
Idaho Public Utilities Commission Idaho Power Company
P0 Box 83720 P0 Box 70
Boise,Idaho 83720-0074 Boise,ID 83707-0070
Email:[e-mail]
Street Address for Express Mail:
Tami White
472 W.Washington Street Idaho Power Company
Boise,ID 83702-5918 P0 Box 70
Boise,ID 83707-0070
Email:twhite(d’idahopower.com
These comments should contain the case caption and case number shown on the first page of this
document.Persons desiring to submit comments via e-mail may do so by accessing the
Commissions home page located at www.puc.idaho.gov.Click the “Case Comment or Question
Form”under the “Consumers”tab,and complete the comment form using the case number as it
appears on the front of this document.These comments must also be sent to the Applicant at the
e-mail address listed above.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are
received within the time limit set,the Commission will consider this matter on its merits and
enter its Order without a formal hearing.If written comments are received within the time limit
NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.33007 3
set,the Commission will consider them and,in its discretion,may set the same for formal
hearing.
YOU ARE FURTHER NOTIFIED that the Application has been filed with the
Commission and is available for public inspection during regular business hours at the
Commission offices.The Application is also available on the Commission’s web site at
www.puc.idaho.gov.Click on the “File Room”tab at the top of the page,scroll down to “Open
Electric Cases,”and then click on the case number as shown on the front of this document.
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 specifically
Idaho Code §61-501,61-502,and 61-503.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 3 1.01.01.000 et seq.
ORDER
IT IS HEREBY ORDERED that this case be processed under Modified Procedure.
Interested persons and the parties may file written comments within 21 days of the service date
of this Order.The Company must file reply comments within seven days of the comment period.
NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.33007 4
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this /‘
day of April 2014.
PAHi’KJELL I4frRESID f—
MACK A.REDFORD,COMMISSIONER
MARSHA H.SMITH,COMMISSIONER
ATTEST:
4L4
Jgn D.Jewe1l
Commission Secretary
bls/O:IPC-E-14-02 ws
NOTICE OF PETITION
NOTICE OF MODIFIED PROCED[JRF.
ORDER NO.33007 5