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HomeMy WebLinkAbout20090507final_order_no_30799.pdfOffice ofthe Secretary Service Date May 7 2009 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE JOINT APPLICATION OF PACIFICORP, AND ACIFICORP IDAHO, INC. FOR AN ORDER APPROVING (1) THE TRANSFER OF DISTRIBUTION PROPERTY FROM PACIFICORP TO AN AFFILIATE, ACIFICORP IDAHO, INC., (2) THE ISSUANCE) OR ASSUMPTION OF SECURITIES AND INCUMBRANCE OF ASSETS BY P ACIFICORP, IDAHO, INc. AND/OR P ACIFICORP, (3) THE TRANSFER BY PACIFICORP OF CERTAIN UTILITY PROPERTY TO AN AFFILIATE, THE SERVICE COMPANY, AND (4) THE PROPOSED ACCOUNTING TREATMENT FOR REGULATORY ASSETS AND LIABILITIES. CASE NO. P AC-00- ORDER NO. 30799 On December 1 , 2000, PacifiCorp (Company) and PacifiCorp Idaho, Inc. Gointly, the Applicants) filed an Application with the Idaho Public Utilities Commission (Commission) in Case No. P AC-00-6 requesting authorization to implement a restructuring of PacifiCorp into six separate state electric companies, a generation company and a service company. The Company proposed this restructuring because it contended that its existing structure and inter- jurisdictional cost allocation were a source of risk and uncertainty that were not in the long-term best interests of its customers or shareholders. On December 21 , 2000, the Commission issued a Notice of the Company s Application. On January 29, 2002, a notice was issued of the initiation of a multi-state Commission dialogue to consider and develop a consistent method for PacifiCorp inter- jurisdictional allocations. It was envisioned that any outcome, memorandum of understanding, or recommendations that resulted from this process would be filed with the individual state commissions for their review. Workshops were held in Portland, Oregon, and Salt Lake City, Utah. Following the workshops what ensued was an informal and protracted stay of proceedings. On March 5 , 2002, PacifiCorp, then doing business as Utah Power & Light Company, petitioned the Commission in a separate docket, Case No. P AC-02-, to initiate an ORDER NO. 30799 investigation of inter-jurisdictional issues affecting the Company as a consequence of its status as a multi-jurisdictional utility subject to the jurisdiction of six state regulatory commissions. On March 20 2002, the Commission in Order No. 28978 established a docket for investigation and approved a joint Multi-State Process (MSP) for analyzing PacifiCorp inter-jurisdictional issues. On September 30, 2003 , PacifiCorp in Case No. P AC-02-3 filed a Motion seeking Commission ratification of an Inter-Jurisdictional Cost Allocation Method-Protocol (Protocol). On July 14, 2004, PacifiCorp filed a Revised Protocol. On November 4, 2004, PacifiCorp and Commission Staff filed a Joint Motion requesting acceptance and Commission approval of a Stipulation and Agreement (Stipulation) negotiated by PacifiCorp, Staff, Monsanto Company and AARP as full settlement of the inter-jurisdictional cost allocation issues affecting PacifiCorp. On February 28, 2005, the Commission in Order No. 29708 approved the Revised Protocol and the negotiated terms of the settlement. As a matter of administrative housekeeping, the Commission finds that the Company s Application in Case No. P AC-00-6 is moot, the inter-jurisdictional cost allocation issues being finally resolved in Case No. PAC-02-3. The Commission accordingly finds it reasonable to close the docket in Case No. P AC-00- CONCLUSIONS OF LAW The Commission has jurisdiction over PacifiCorp, now doing business as Rocky Mountain Power and previously doing business as Utah Power & Light Company, an electric utility, and the issues presented in Case No. P AC-00-6 pursuant to the authority and power granted it under Title 61 of the Idaho Code and the Commission s Rules of Procedure, IDAP A 31.01.01.000 et seq. ORDER In consideration of the foregoing and for reasons more particularly described above IT IS HEREBY ORDERED and the Commission does hereby terminate further proceedings and close the docket in Case No. P AC-00- THIS IS A FINAL ORDER. Any person interested in this Order may petition for reconsideration within twenty-one (21) days of the service date of this Order. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code 9 61-626. ORDER NO. 30799 DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 7-f1... day of May 2009. . KEMPTON, P SIDENT fuk iJ MARSHA H. SMITH, COMMISSIONER ,A. MACK A. RED , COM SI NER ATTEST: . D. Jewell Co ission Secretary bls/O:PACEO06 sw ORDER NO. 30799