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HomeMy WebLinkAbout20200304Notice_of_Amended_Application_Order_No_34573.pdfOffice of the Secretary Service Date March 4,2020 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF IDAHO POWER )CASE NO.IPC-E-20-01 COMPANY'S APPLICATION TO MODIFY ) SCHEDULE 30,SPECIAL CONTRACT )NOTICE OF AMENDED WITH UNITED STATES DEPARTMENT OF )APPLICATION ENERGY ) )NOTICE OF AMENDED )COMMENT DEADLINES )NOTICE OF )TELEPHONIC HEARING )ORDER NO.34573 On January 14,2020,Idaho Power Company ("Company"or "Idaho Power")applied to the Commission for an order authorizing the Company to (1)modify Schedule 30-Electric Service Rate for United States Department of Energy Idaho Operations Office-("Schedule30"), and (2)true-up charges related to the Company's Schedule 30 assets that have been suspended since November 2015.The Company requested an effective date of April 1,2020 and that its Application be processed by Modified Procedure. On February 26,2020,the Company filed an Amended Application seeking approval of an asset transfer agreement entered between the Company and PacifiCorp underlying the Company's Application to modify Schedule 30.At the March 3,2020 Decision meeting,Staff requested that the Commission issue and order giving Notice of Amended Application,Notice of Amended Comment Deadlines,and Notice of Telephonic Hearing.This ensures treatment of the asset transfer agreement in the Company's Amended Application does not occur separate from the Commission's decision on the proposed modifications to Schedule 30.Rather,the asset transfer agreement can now be decided concurrentlywith the modifications to Schedule 30.Staff indicated that even with the additional procedural requirements of the Company's Amended Application,it could meet the Company's requested effective date of April 1,2020 with its proposed timeline. The Commission now issues this Notice of Amended Application,Notice of Amended Comment Deadlines,and Notice of Telephonic Hearing. NOTICE OF AMENDED APPLICATION NOTICE OF AMENDED COMMENT DEADLINES NOTICE OF TELEPHONIC HEARING ORDER NO.34573 1 BACKGROUND The genesis of the proposed modifications to Schedule 30 is an August 21,2019 transfer of title agreement entered between the Department of Energy ("DOE")and the Company-transferringownership of DOE owned asset to the Company.See Attachment 1.With the transfer agreement in place between the DOE and the Company,the Company then transferred partial ownership of those same assets'under a separate transfer of title agreement entered between the Company and PacifiCorp,dated August 22,2019.See Attachment 2. On February 10,2020,the Commission issued a Notice of Application and Notice of Modified Procedure,establishing a public comment deadline of March 10,2020 and Company reply deadline of March 17,2020.On February 4,2020,Commission Staff sent its First Production Request to the Company.In its First Production Response No.1,filed on February 18,2020,the Company responded to Staff's request regarding the statutory requirements of Idaho Code §61- 328(3)and the asset transfer between the Company and PacifiCorp,which is directlyrelated to the Company's Application. After reviewing the Company's First Production Response No.1,Commission Staff became concerned about processing the Company's Application to modify Schedule 30 without also knowing if the Company's asset transfer to PacifiCorp would be approved or disapproved pursuant to the requirements of Idaho Code §61-328(3).Commission Staff therefore asked the Company to file the Amended Application,seeking approval of the asset transfer to PacifiCorp in addition to approval of the modifications to Schedule 30.Staff believes this ensures any decision made regarding the asset transfer will not later affect the outcome of modifications to Schedule 30 requested in this Application. NOTICE OF AMENDED APPLICATION YOU ARE HEREBY NOTIFIED that the Company's Amended Application seeks approval pursuant to Idaho Code §61-328 of the asset transfer agreement entered between the Company and PacifiCorp,dated August 22,2019. 1 Regarding the assets transferred from Idaho Power to PacifiCorp,and for purposes of the Joint Ownership and Operating Agreement,the Weighted Average Ownership Percentage will be 53.365%for Idaho Power and 46.635%for PacifiCorp.NOTICE OF AMENDED APPLICATION NOTICE OF AMENDED COMMENT DEADLINES NOTICE OF TELEPHONIC HEARING ORDER NO.34573 2 YOU ARE FURTHER NOTIFIED that the Company's Amended Application states the transferred assets are used by the Company to serve only the DOE and by PacifiCorp to serve its electrical customers. YOU ARE FURTHER NOTIFIED that the assets being transferred have never been recorded in the Company's accounting records or used to develop any rates or charged to the Company's customers. YOU ARE FURTHER NOTIFIED that the assets transferred from the Company to PacifiCorp will transfer at no cost. YOU ARE FURTHER NOTIFIED that the Company's Amended Application supports the asset transfer using the criteria of Idaho Code §61-328(3). NOTICE OF AMENDED COMMENT DEADLINES YOU ARE FURTHER NOTIFIED that the Commission finds its reasonable to extend the public comment and Company reply deadlines,as requested by Staff based on the Company's Amended Application,to allow for the addition of a telephonic hearing and to better align the public comment and Company reply deadlines with the telephonic hearing. YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this Application,or the Amended Application,must file a written comment in support or opposition with the Commission by March 24,2020. YOU ARE FURTHER NOTIFIED that the Company must file any reply comments by March 27,2020. NOTICE OF TELEPHONIC PUBLIC HEARING YOU ARE FURTHER NOTIFIED that in Order No.34551,the Commission issued Notice of Modified Procedure in this case.The Commission's Rules of Modified Procedure contemplate that a case will be processed by written submissions without the need for a public hearing.However,the Commission finds good cause to schedule a public hearing in this case because the Company filed its Amended Application seeking approval of an asset transfer under Idaho Code §61-328,and that statute requires a public hearing. YOU ARE FURTHER NOTIFIED that the Commission will conduct a public telephonic customer hearing in this matter on TUESDAY,March 24,2020 AT 2:00 P.M.MDT. The purpose of the public hearing is to take testimony from members of the public and the NOTICE OF AMENDED APPLICATION NOTICE OF AMENDED COMMENT DEADLINES NOTICE OF TELEPHONIC HEARING ORDER NO.34573 3 Company's customers.To participate,interested persons can call 1-800-920-7487 shortlybefore or at the designated time,and enter the passcode 6674832#when prompted. YOU ARE FURTHER NOTIFIED that the telephonic hearing will meet accessibility requirements of the Americans with Disabilities Act.Persons needing the help of a sign language interpreter or other assistance in order to participate in or to understand testimony 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 (208)334-0338 (Telephone) (208)334-3762 (FAX) E-Mail:secretary@puc.idaho.gov ORDER IT IS HEREBY ORDERED that a telephonic public hearing be held in this case on TUESDAY,March 24,2020 at 2:00 P.M.MDT. IT IS FURTHER ORDERED that persons interested in submitting written comments must do so by March 24,2020.The Company must file any reply comments by March 27,2020. NOTICE OF AMENDED APPLICATION NOTICE OF AMENDED COMMENT DEADLINES NOTICE OF TELEPHONIC HEARING ORDER NO.34573 4 DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this day of March 2020. PA'UL KJE ER,PRESIDENT KRI liA SIONER ERIC ANDERSON,COMMISSIONER Diane M.Hanian Commission Secretary I:\Legal\ELECTRIC\IPC-E-20-01\Orders\IPC2001_nte app mod dh.docx NOTICE OF AMENDED APPLICATION NOTICE OF AMENDED COMMENT DEADLINES NOTICE OF TELEPHONIC HEARING ORDER NO.34573 5