19900919Reply Statement.pdf

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BRA M. PURDY
DEPUTY ATTORNEY GENERA
IDAHO PUBLIC UTILITIES COMMISSION
STATEHOUSE
BOISE ID 83720-0001
[phone]
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SEP 19 flll8 2t.
Street Address for Express Mail:
472 WWASHINGTON
BOISE ID 83702-5983
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U UTIESeOMM1SSI0N~...~
Attorney for Commission Staff
BEFORE ~rø IDAHO PUBLIC UT COMMSSION
IN TH MA1-rER OF TH APLICATION )OFIDABOPOWERCOMPANFORA )CEKTCATE OF PULIC CONV- )IECE AN NECE FOR TH )BATE BASG OF TH MIR )HYROELCTC PROJE, OR IN )TH ALTEATI, A DETATION )OF EXMP STATUS FOR TH MIR )HYROELCTC PROJECT. )
)
CAS NO. lPE-90
REPLY STATE OFCOMMON STAF
On September 12, 1990, the Idaho Power Company filed its response to
statements filed by all parties to this proceeding. The following is the
Commssion's Staffs reply to two of the points raised by the Company in its
response.
First, the Company appears to take the position that a Certificate of
Public Convenience and Necessity for the Milner project need only be obtained in
the event that the Commission decides to rate base the project. Staff reiterates
that a Certificate must be obtained in order for the Company to construct the
project regardless of whether it is rate based. Idaho Code §61-526 provides, in part:
REPLY STATEMENT OF THECOMMISSION STAFF -1-
....
No . . . electrical corporation. . . shall henceforth begin the
construction of a . . . plant or system . . . without having first
obtained from the commssion a certificate that the present or
future public convenience and necessity require or will require
such construction . . . .
As Staff asserted in its original statement, nothing prevents the Commission from
issuing a Certificate allowing the Company to construct the project which
specifically provides that the project need not be initially rate based for the present
public convenience and necessity. The Certificate could authorize a later
Application for rate basing for the fuure public convenience and necessity. In the
interim, the Company could operate the facility "off the regulated utility books"
with reasonable terms for future rate basing spelled out in the Certificate Order.
Second, the Company argues that in the event the project is rate based,
reliance upon the Company's avoided cost rates should not be utilized. Staff simply
asserts that neither the amount rate based nor the method of ultimately
calculating that amount should be decided in this proceeding. Such an analysis can
only be performed once the project is completed.
B
Brad M. Purdy
Deputy Attorney Gener
BP:vldJM-1778
REPLY STATEMENT OF THECOMMISSION STAFF -1-
....
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 19th DAY OF
SEPTEMBER, 1990, SERVED THE FOREGOING REPLY STA1'NT OF
COMISSION STAFF, CASE NO. IPC-E-90-8, ON ALL PARTIES OF RECORD
BY MAILING A COPY THEREOF, POSTAGE PREPAID, TO THE FOLLOWING:
LARRY D. RIPLEY, ESQ.
LEGAL DEPARTMENT
IDAHO POWER COMPANY
P. O. BOX 70
BO I SE , I D 83 707
GRANT E. TANNER, ESQ.
DAVIS, WRIGHT, TREMAINE
1300 SW FIFTH AVE
SUITE 2300
PORTLAND, OR 97201
STEVEN L. HERNDON, ESQ.
LEGAL DEPARTMENT
IDAHO POWER COMPANY
P. O. BOX 70
BOISE, ID 83707
PETER J. RICHARDSON, ESQ.
DAVI S WRIGHT TREMAINE
400 JEFFERSON PLACE
350 N. NINTH STREET
BOISE, ID 83702
HAROLD C. MILES
IDAHO CONSUMER AFFAIRS, INC.
316 - 15TH AVENUE SOUTH
NAMPA, ID 83651
JAMES N. ROETHE, ESQ.
PILLSBURY, MADISON & SUTRO
P. o. BOX 7880
SAN FRANCISCO, CA 94120
R. MICHAEL SOUTHCOMBE, ESQ.
CLEMONS, COSHO & HUMPHREY,
815 W. WASHINGTON STREET
BOISE, ID 83702-5590
R. SCOTT PASLEY
ASSISTANT GENERAL COUNSEL
J. R. SIMPLOT COMPANY
P. O. BOX 27
BOISE, ID 83707-0027
DAVID H. HAWK, DIRECTOR
ENERGY NATURAL RESOURCES
J. R. SIMPLOT COMPANY
P. O. BOX 27
BOISE, ID 83707-0027
OWEN H. ORNDORFF
ORNDORFF & PETERSON
1087 W. RIVER ST., SUITE 230
BOISE, ID 83702-7035
~;.~~SECRETARY
lCERT/142
CERTIFICATE OF SERVICE