28663.mod.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION OF
PACIFICORP dba UTAH POWER & LIGHT COMPANY FOR APPROVAL OF ITS PROPOSED ELECTRIC SERVICE SCHEDULE NO. 72. )
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) CASE NO. PAC-E-01-4

NOTICE OF APPLICATION

NOTICE OF MODIFIED
PROCEDURE

ORDER NO. 28663
YOU ARE HEREBY NOTIFIED that on February 23, 2001, PacifiCorp dba Utah Power and Light Company (“PacifiCorp”) filed an Application seeking Commission authorization of its Electric Service Schedule No. 72, Irrigation Curtailment Program Rider (the “Program”). PacifiCorp states that through this Program it will pay qualifying irrigation customers a fixed price of 0.085 cents a kWh to reduce their consumption of electrical energy during the 2001 irrigation season. The Company states that this Program will expire on September 15, 2001. Application, Attachment at 2. PacifiCorp states that because of the impending need of irrigators to make decisions and investments for the upcoming irrigation season, good cause exists for approval of this Application on less than 30 days notice. Accordingly, PacifiCorp requests that the Commission consider this matter on an expedited basis and enter an Order approving the Company’s Application by March 6, 2001.
On February 12, 2001, the Commission granted PacifiCorp’s Application for a deferred accounting order that authorized the deferral of extraordinary excess net power costs it incurs. Case No. PAC-E-00-5, Order No. 28630. PacifiCorp states that if the Program is successful it will benefit all ratepayers by reducing excess power costs, incurred by the Company, which will be given deferred accounting treatment. PacifiCorp has stated it will seek to recover any deferred costs in a future proceeding.
PacifiCorp states that any irrigation customer who has total pumping operations of 16 horsepower or greater and receives service under Electric Service Schedule No. 10 will be eligible to participate in the Program. The Company also states that eligible customers who are obligated for minimum energy usage related to line extension agreements or guarantees will be exempt from such contracts for the 2001 irrigation season so they may participate.
PacifiCorp states that eligible customers will be required to enter into an “Irrigation Curtailment Program Customer Agreement” with the Company prior to May 1, 2001, which requires various commitments from participating customers. PacifiCorp states these agreements will allow participating customers to continue to use other energy sources for pumping such as diesel generators, propane or diesel engines to directly drive their pumping systems.
The Commission Staff recognizing the time sensitive nature of PacifiCorp’s Application recommended that it be processed in an expedited manner because irrigators must make decisions regarding the 2001 growing season in the coming weeks. Staff also recommended the use of Modified Procedure and suspension of the proposed effective date beyond March 6, 2001 to allow a shortened period of time for interested persons and parties to comment. The Commission finds these recommendations appropriate for the processing of this Application.
YOU ARE FURTHER NOTIFIED that the Application together with supporting workpapers, testimonies and exhibits, have been filed with the Commission and are 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 reviewed the filings of record in Case No. PAC-E-01-4. 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-.204.
YOU ARE FURTHER NOTIFIED that the Commission may 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 any person desiring to state a position on this Application may file a written comment in support or opposition with the Commission within fourteen (14) 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.
YOU ARE FURTHER NOTIFIED that if no written comments or protests 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 protests 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. PAC-E-01-4 should be mailed to the Commission and the Company at the addresses reflected below:

COMMISSION SECRETARY JOHN M. ERIKSSON
IDAHO PUBLIC UTILITIES COMMISSION STOEL RIVES LLP
PO BOX 83720 201 S. MAIN STREET, SUITE 1100
BOISE, IDAHO 83720-0074 SALT LAKE CITY, UT 84111
ATTORNEY FOR PACIFICORP
STREET ADDRESS FOR EXPRESS MAIL:

472 W WASHINGTON ST DOUGLAS LARSON
BOISE, IDAHO 83702-5983 DIRECTOR OF REGULATORY POLICY
PACIFICORP
201 SOUTH MAIN STREET, SUITE 2300
SALT LAKE CITY, UTAH 84111-4904

All comments 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. PAC-E-01-4 can be reviewed at the Commission’s office and at the offices of PacifiCorp during regular business hours.
O R D E R
IT IS HEREBY ORDERED and the Commission does hereby suspend the proposed effective date for PacifiCorp’s Program in Case No. PAC-E-01-4 from March 6, 2001 to March 30, 2001.
IT IS FURTHER ORDERED that because of the time sensitive nature of PacifiCorp’s Program its Application be processed in an expedited manner.
IT IS FURTHER ORDERED that this case shall be processed by Modified Procedure in accordance with the Commission Rules of Procedure. See, IDAPA 31.01.01.201-.204.
IT IS FURTHER ORDERED that any person desiring to state a position on PacifiCorp’s Application may file a written comment in support of or in opposition to the Company’s request. These comments must be filed within fourteen (14) days after issuance of this Notice. The written comment must contain a statement of reasons supporting the comment. Persons desiring a hearing must specifically request a hearing in their written comments.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of March 2001.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

O:pace0104_jh
PacifiCorp identifies this period of time as June 1 through September 15, 2001.
In Case No. PAC-E-00-5 the Company projected that its actual costs will exceed Idaho’s allocated share by $8,000,000 for the 2001 calendar year.

Because of this exemption for 2001 the Company states an additional year will be added to any existing contract for minimum usage a participating customer has entered into. Application, Attachment A at 1.

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 28663 1

Office of the Secretary
Service Date
March 7, 2001