20191108Decision Memo.pdf

I)ECISION MI!MORANDTIN{
CONTMISSIONER KJBLLANDER
COMMISSIoNER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRtrTARY
COMMISSION STAFF
LECAL
FRONT:ED\\'ARD JT]\\'DI,I,
DEPTiTT, AI..I.OIINEY GENERAI,
DATB: NOVEN{BERtt,2019
SITBJECT: IN THE MATTER OF IDAHO POWER'S APPLICAI'ION TO
IiVALUATE SCI{EDULE 8{ - NE't' IVIETERING; CASE N0. IPC-E-19-15.
On Aprit 5, 201 9, the Companl' filed an Application requesting the Commission
initiate a collaborative process to study the continued reasonableness ol'terms in Schedr.rlc 84 for
commercial, industrial, and inigation (.'CI&l') net metering customers. 'l'he Clompany requested
Schedule 84 be suspended for nerv applicants as ol'April 5. 2019 rvhile the case was processed.
The Company' requestcd an implementation date of'January 1.2020.
On April I 8, 2019, the Commission issued a Noticc of Application and Noticc of
Procedr-rral Clomment Deadline. Order No. 34315. 'l'he Commission determined that the
Company had not demonstrated that Schedule 84 should bc closed to new. applicants during the
pendency ol thc case. and therelbre suspended thc Companl,'s proposed effective date. By
statute, the maximum amount of time the Commission could initially suspend the proposed
elfective date was fbr 5 months plus 30 days. klaho Code $ 6l -622(4). The Commission
suspended the eff'ective date tbr the maximum initial statutory anrount, which vvas until October
7.2019.
On September 10,2019. the Company submitted a letter consenting to an extended
expiration period until Novembcr 15,2019. The Company stated. "Parties to this docket. as u,ell
as its companion docket. Case No. IPC-E-18-15 lbr residential and small general servicc net
metering customers, have met throughout the ycar to discuss settlement of net metering issues.
Building upon progress made to date in Casc No. [PC-E-18-15, Idaho Pou'er is hopeful that a
settlement in this docket can be reached during onc ofthe tu,o settlement conf'erences scheduled
DECISION MIJMOR{NDLIM
'l'o:
for Octobcr 2019." Letter liom Lisa D. Nordstrom, Lead Counsel for ldaho Powcr dated
September 10, 2019. Partics to IPC-E-18-15 were able to achieve a Settlement Agreement,
which was submitted to the Commission on October I l, 2019.
In Order No. 34335, the Commission stated, "'rVhile rve will process this case as a
stand-alone case, we expecl consistent application of principles across the dockets. Findings in
IPC-E-18-15 will be presumptively reasonable in this docket, although not binding." The
Settlement Agreement in IPC-E- l8- 15, therelbre, provided substantial framework lbr the
settlement discussions in IPC-E-l 9-l 5.
Parties in IPC-E-19-15 have met for four settlement conferences, in addition to the
eight settlement conferences hctd in IPC-E-18-15, and have exchangcd a number of proposals
and counterproposals specific to IPC-E-19-15. Statf believes that, given additional time, a
settlement agreement could be reached in this case as rvell. Therefore, pursuant lo ldaho Cocle $
6l-622(4), StafT requests an extension of an additional sixty days.
In Order No. 34335, thc Commission stated, "We understand the value ol'providing
greater regulatory certainty to nlarket participants, customers, and the Company through a
speedy resolution of these matters. We also understand that reaching compromise and
constructing a well thought out net metering program that appropriately balances the interests ol
all involved takes time. 'l'he Clompany has repeatedly stated it wants to collaboratively work
through the issues that must be explorcd to eslablish a fair and effectivc nct metering program.
We encourage the Company to continue this approach so long as it reasonably progresses toward
compromise." Order No. 34335 at 2. Staff believes that the collaborative process. as
implemenled in these dockets, has proven to be a constructive rnethod to resolve thc complex
technical and policy decisions inherent in designing a lair net metering program, and rcquests
that this process continue, as Stafl believes negritiations to be reasonably progressing toward
compromise.
DLCISION N4IJVIOIL\NDI.]M l
STAFF RECOMME,NDATION
Stall recommends the Cornmission suspend the effcctivc datc in this case fbr an
additional sixty days, until January 14.2020.
COMMISSION DECISION
Does the Commission wish to suspend the effective datc in this case tbr an additional
sixty days, until January 14,2020?
Edr.vard J. J II
Dcput)' AIto (i cncral
I legal IILhCIRIC IPC-E-I9'Ii IPC'E|9li dcc mcmo J .r
-)DICISION !v,tilv{ORANDUM