MODPRO.docx

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE  APPLICATION OF IDAHO POWER COMPANY AND MICRON TECHNOLOGY, INC. FOR APPROVAL OF A SPECIAL CONTRACT FOR SERVICE TO MICRON TECHNOLOGY, INC. AND A REVISED SCHEDULE 26—MICRON TARIFF.
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CASE NO. IPC-E-95-14
NOTICE OF APPLICATION
NOTICE OF MODIFIED  
      PROCEDURE
NOTICE OF COMMENT
      DEADLINE
ORDER NO. 26166
YOU ARE HEREBY NOTIFIED that on September 1, 1995, Idaho Power Company (Idaho Power; Company) and Micron Technology, Inc. (Micron) filed a Joint Application with the Idaho Public Utilities Commission (Commission) requesting approval of an Agreement for Electric Service to Micron (Agreement) and a related amended Schedule 26—Micron tariff.
The Agreement dated August 31, 1995 replaces an Interim Service Agreement between Idaho Power and Micron.  (Reference Order No. 26076, Case No. IPC-E-95-4)  Idaho Power and Micron request that the Commission allow the submitted Agreement and Tariff Schedule to become effective on an interim basis pending final approval.
Under the Agreement Idaho Power agrees to furnish Micron’s total requirements for electric power and energy.  (Agreement ¶ 5.1)  The Agreement by its terms is effective through June 30, 2000 and is automatically renewed thereafter unless terminated (w/12 month notice) by either Micron or Idaho Power.  (Agreement ¶¶ 3.1, 4.1)
The submitted Schedule 26—Micron tariff (attached) includes an immediate increase in scheduled monthly contract demand of 10 MW from the previous 40 MW in the Interim Service Agreement and provides for a stair-stepping in 10 MW increments, while Micron is expanding its load at the Micron facility, to a monthly contract demand of 100 MW by January 1997.  (Agreement ¶¶ 6.1, 6.1.1)  Under the terms of the Agreement, Micron may further increase its contract demand in increments of 10 MW up to a total contract demand of 140 MW (or may similarly decrease its contract demand to 0).  (Agreement ¶ 6.2.1)  The Agreement and proposed tariff schedule rates for Micron are subject to change and revision by order of the Commission   Reference Commission jurisdiction and authority pursuant to Title 61, Idaho Code and the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq.  (Agreement Section 14)
YOU ARE FURTHER NOTIFIED that the Commission has reviewed the filings of record in Case No. IPC-E-95-14.  The Commission has preliminarily determined that the public interest may not require a hearing to consider the issues presented and that the issues raised by the Application may be processed under Modified Procedure, i.e., by written submission rather than by hearing.  Reference Commission Rules of Procedure, IDAPA 31.01.01.201 through .204.
YOU ARE FURTHER NOTIFIED that the Commission will not hold a hearing in this proceeding unless it receives written protests or comments opposing the use of Modified Procedure and stating why Modified Procedure should not be used.  Reference IDAPA 31.01.01.203.
YOU ARE FURTHER NOTIFIED that the deadline for filing written comments or protests with respect to the Application in Case No. IPC-E-95-14 is Friday, October 13, 1995.  Persons desiring a hearing must specifically request a hearing in their written protests or comments.
YOU ARE FURTHER NOTIFIED that if no written protests or comments are received within the deadline, the Commission will consider the matter on its merits and enter its Order without a formal hearing.  If comments or protest are filed within the deadline, the Commission will consider them and in its discretion may set the matter for hearing or may decide the matter and issue its Order on the basis of the written positions before it.  Reference IDAPA 31.01.01.204.
YOU ARE FURTHER NOTIFIED that written comments concerning Case No. IPC-E-95-14 should be mailed to the Commission, the Company and Micron at the addresses below:
COMMISSION SECRETARY
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO  83720-0074
Street Address for Express Mail:
472 W WASHINGTON ST
BOISE, IDAHO  83702-5983
LARRY D. RIPLEY, ESQ
IDAHO POWER COMPANY
PO BOX 70
BOISE, IDAHO  83707
Attorney for Idaho Power Company
JOHN J. McFADDEN, ESQ.
MOORE & McFADDEN, Cht’d.
999 MAIN ST, STE 910
BOISE, IDAHO  83702
Attorney for Micron Technology, Inc.
All comments filed should contain the case caption and case number shown on the first page of this document.
YOU ARE FURTHER NOTIFIED that the Application in Case No. IPC-E-95-14 including the underlying Agreement and the proposed tariff can be reviewed at the Commission’s office during regular business hours.
YOU ARE FURTHER NOTIFIED that based on its review of the filings of record in Case No. IPC-E-95-14, the Commission finds it reasonable to approve the proposed amended Schedule 26—Micron tariff on an interim basis pending final order in Case No. IPC-E-95-14.  The Commission notes that the proposed service rates for Micron are essentially the same numerical rates contained in the preceding Interim Service Agreement.  Reference Order No. 26076.
O R D E R
In consideration of the foregoing and as more particularly described above, IT IS HEREBY ORDERED and the Commission hereby approves the foregoing procedure and scheduling.
IT IS FURTHER ORDERED that the proposed amended Schedule 26—Micron tariff is hereby approved on an interim basis pending final order in Case No. IPC-E-95-14.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this                  day of  September 1995.

RALPH NELSON, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER
ATTEST:

Myrna J. Walters
Commission Secretary
vld/O:IPC-E-95-14.sw