28351.mod.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION OF PACIFICORP DBA UTAH POWER & LIGHT COMPANY FOR APPROVAL OF A SPECIAL CONTRACT FOR SERVICE TO NU-WEST INDUSTRIES, INC. )
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) CASE NO. PAC-E-00-3

NOTICE OF APPLICATION

NOTICE OF MODIFIED
PROCEDURE

ORDER NO. 28351

NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that on March 17, 2000, PacifiCorp dba Utah Power & Light Company (collectively referred to as PacifiCorp) filed an Application requesting that the Commission approve a special contract for service (the Agreement) to Nu-West Industries, Inc. (Nu-West) seeking a retroactively effective date for the Agreement of August 18, 1998. The Agreement recites that PacifiCorp and Nu-West’s previous services agreement expired on August 16, 1998, and that the present Agreement is entered into in order to extend the parties’ relationship in which PacifiCorp is the exclusive provider of electric power to Nu-West’s Soda Springs, Idaho facilities. (Agreement at third recital)
Under the Agreement, this relationship would be extended from the proposed, retroactively effective date, above, for an additional three and one-half (3½) years until December 31, 2001 with a provision for automatic, year-to-year renewal unless affirmatively terminated by either party giving required notice to the other. (Agreement ¶ 2.1)
The Agreement also outlines Contract Demand (Agreement ¶ 3.1) and Purchase Price (Agreement ¶ 3.2) for the power to be provided. Both provisions are stated by the parties’ to be consistent with the Commission’s prior targets and Orders (specifically Order No. 23508, Case No. UPL-E-90-1) established for Nu-West. The Agreement specifies the aforementioned Contract Demand at twenty-two thousand kilowatts (22,000kW) and the Purchase Price to be $.034339/kWh for consumption levels from 0 to 114,572,379 kWhs and $.033000/kWh for consumption levels exceeding 114,572,379 kWhs, with these prices and levels to be effective through Contract Year 2001, except that for the period from July 1, 2001 through December 31, 2001 the Purchase Price shall change to be $.034339/kWh for consumption levels of 0 to 55,865,999 kWhs, and dropping to $.033000/kWh for consumption levels of 55,866,000 kWhs and above. Other pricing terms and conditions based on minimum consumption levels and etc. are also found at ¶ 3.2 of the Agreement. The Agreement, and rates therein, are subject to change and revision by order of the Commission under Title 61, Idaho Code and the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq.
PacifiCorp additionally states a) that its entering into this Agreement will not adversely affect existing customers, b) that approval of the Agreement is in the public interest, and c) that the rates and charges set forth in the Agreement are fair, just and reasonable.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has reviewed the filings of record in Case No. PAC-E-00-3. The Commission has preliminarily determined that the public interest may not require a hearing to consider the issues presented in the Application and will proceed under Modified Procedure pursuant to Rules 201 through 204 of the Idaho Public Utilities Commission's 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 protest 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 any person desiring to state a position on this Application may file a written comment in support or opposition with the Commission within twenty-one (21) days from the date of this Notice. The comment must contain a statement of reasons supporting the comment. Persons desiring a hearing must specifically request a hearing in their written comments. Written comments concerning this Application shall be mailed to the Commission and the Applicant at the addresses reflected below:
COMMISSION SECRETARY MATTHEW WRIGHT, VP REGULATION
IDAHO PUBLIC UTILITIES COMMISSION PACIFICORP
PO BOX 83720 825 NE MULTNOMAH ST., SUITE 800
BOISE, IDAHO 83720-0074 PORTLAND, OR 97232

Street Address for Express Mail: JOHN ERIKSSON, ESQ.
STOEL RIVES
472 W WASHINGTON ST 201 S. MAIN, SUITE 1100
BOISE, IDAHO 83702-5983 SALT LAKE CITY, UT 84111

Any comments should contain the case caption and case number shown on the first page of this document.
YOU ARE FURTHER NOTIFIED that the deadline for filing written comments or protests with respect to the Application in Case No. PAC-E-00-3 is Friday, May 12, 2000.
YOU ARE FURTHER NOTIFIED that if no written comments 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 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.
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 that 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 31.01.01.000 et seq.
YOU ARE FURTHER NOTIFIED that the Commission has jurisdiction over this matter pursuant to Idaho Code § 61-307.
YOU ARE FURTHER NOTIFIED that those persons desiring to be served with comments in this proceeding should contact the Commission Secretary in writing no later than ten (10) days from the service date of this Order. The Commission will create a service list and provide it to interested persons. Persons filing comments in this proceeding will be required to serve their comments on members of the service list.
FINDINGS OF FACT
After reviewing the Application, the Commission finds that the issues presented are sufficiently important to require the Commission to invoke the process outlined herein as the Application is more than a simple Tariff Advice, IDAPA 31.01.01.134, being rather an Application for approval of a special service contract, and therefore this matter has been assigned a formal case number and shall be treated accordingly. The Commission finds that it is reasonable to handle the Application through Modified Procedure, as set forth herein.
The Commission further finds that it was unable to consider the matter presented by this Application before the service date above because of the failure of the parties to apply for approval in a timely manner—an oversight that PacifiCorp acknowledges. Because the proposed effective date has already passed the Commission finds it necessary to invoke this process in order to allow for comment and for the Commission to consider the issues presented in this Application and review comments, if any.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of April 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

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NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 28351 -1-

Office of the Secretary
Service Date
April 25, 2000