20040817Settlement Discussions.pdf

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STATE OF IDAHO
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UflLITIES COi"ji"liSSION
OFFICE OF THE ATTORNEY GENERAL
LAWRENCE G. WASDEN
August 16, 2004
To:Parties of Record
Re:Case No. P AC-O2-
Settlement Discussions with PacifiCorp
Dear Parties of Record:
On March 5, 2002, PacifiCorp petitioned the Idaho Public Utilities Commission to initiate an
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.
By Order No. 28978 in Case No. P AC-02-, the Commission established a docket for
investigation, established an intervention deadline and approved a joint multi-state process
(MSP) for analyzing PacifiCorp inter-jurisdictional issues (Idaho Code 9 61-505) and established
initial MSP scheduling (Idaho Code 9 61-501).
On September 30, 2003, PacifiCorp filed direct testimony in this docket seeking Commission
ratification of a protocol that resolved inter-jurisdictional cost allocation issues facing the
Company which have been the subject of the multi-state process. The Company s filing in Idaho
was identical to contemporaneous filings made with Commissions in Utah, Oregon and
Wyoming.
Since the September 2003 filing there have been numerous meetings during which the Company
has received input from interested parties and where an attempt has been made to achieve a
consensual solution to MSP issues. The Idaho Commission Staff has been an active participant
in these discussions. While full consensus has not been achieved, substantial progress has been
made. On July 14, 2004, PacifiCorp filed a revised protocol with the Commission together with
supporting supplemental direct testimony of Andrea Kelly, David Taylor and Gregory Duvall.
On August 11 , 2004, a meeting was held in Boise at which was discussed the Utah and Oregon
stipulations , related testimony and the status of Company filings in its other regulatory
jurisdictions.
The Parties of Record in Case No. P AC-02-3 are hereby apprised pursuant to Rule 272 of the
Commission s Rules of Procedure of Staff s intent to enter into active settlement negotiations
with PacifiCorp. The first settlement meeting will be at the Commission s offices in Boise
Idaho on September 21 , 2004 commencing at 9:00 a.m. The morning will be informational.
Contracts & Administrative Law Division, Idaho Public Utilities Commission
O. Box 83720, Boise, Idaho 83720-0074, Telephone: [phone], FAX: [phone], E-mail: !puc~puc.state.id.
Located at 472 West Washington St., Boise, Idaho 83702
P arti es 0 f Record
August 16, 2004
Page 2
Active settlement negotiations will occur in the afternoon. All Parties of Record are invited to
participate in said meeting and settlement negotiations. Settlement negotiations pursuant to Rule
272 are confidential, unless all participants to the negotiation agree to the contrary. It is the
intention of Staff prior to entering into any settlement agreement to conduct public workshops
for PacifiCorp customers in eastern Idaho during the time period of October 4 through 6. Staff
looks forward to your attendance and participation at the September 21 meeting.
The Commission Staff will keep you apprised of the course of settlement negotiations before a
final settlement is reached. Please contact Scott Woodbury if you have any questions.
Sincerely,
a,Q-ScottD. Woodbury
Deputy Attorney General
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CERTIFICATE OF SERVICE
HEREBY CERTIFY THAT I HAVE THIS 16th DAY OF AUGUST 2004
SERVED THE FOREGOING LETTER REGARDING SETTLEMENT DISCUSSIONS
WITH P ACIFICORP, IN CASE NO. P AC-02-, BY MAILING A COpy THEREOF
POSTAGE PREPAID TO THE FOLLOWING:
SUE ROLFEE
MSP ADMINISTRATIVE COORDINATOR
825 NE MULTNOMAH, SUITE 300
PORTLAND, OR 97232
AND REA KELL Y
DIRECTOR REGULATION
ACIFICORP
825 NE MUL TNOMAH
PORTLAND OR 97232
RANDALL C. BUDGE
RACINE OLSON NYE BUDGE & BAILEY
PO BOX 1391
POCATELLO ill 83204-1391
ERIC L OLSEN
RACINE OLSON NYE BUDGE & BAILEY
PO BOX 1391
POCATELLO ill 83204-1391
JAMES F FELL
STOEL RIVES LLP
900 SW 5TH AVE
PORTLAND OR 97204
JOHN ERIKSSON
STOEL RIVES LLP
201 S MAIN, SUITE 1100
SALT LAKE CITY UT 84111
JAMES R SMITH
MONSANTO COMPANY
PO BOX 816
SODA SPRINGS ill 83276
ANTHONY Y ANKEL
29814 LAKE ROAD
BAY VILLAGE OH 44140
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SECRETARY
CERTIFICATE OF SERVICE