20051017Stipulation re irrigation load control.pdf

, "".,.
:- I.'Ii C
l~ tJ C. \ -j
James F. Fell
STOEL RIVES LLP
900 SW Fifth Avenue, Suite 2600
Portland, OR 97204
Telephone: [phone]
Fax: [phone]
Email: jffell~stoel.com
Bar Number: 2274
C. '
nCT ' hrJ
, '., ," :'
c; i ! (: l \ ~JU
~ (:
5\0
.. '\ .' ; ) '
.. t
" :
! I \j \ J
; ; L. \ ; l:.CJ '-"
Lisa Nordstrom
PacifiCorp Office of the General Counsel
825 NE Multnomah Street, Suite 1800
Portland, OR 97232
Telephone: [phone]
Fax: [phone]
Email: lisa.nordstrom~pacificorp.com
Bar Number: 5733
Attorneys for PacifiCorp dba Utah
Power & Light Company
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE
APPLICATION OF P ACIFICORP DBA
UT AH POWER & LIGHT COMPANY
FOR AUTHORITY TO INCREASE ITS
RATES FOR ELECTRIC SERVICE
TO ELECTRIC CUSTOMERS IN THE
ST ATE OF IDAHO
CASE NO. PAC-O5-
TIPULA TI 0 N REGARD IN G
IRRIGATION LOAD CONTROL
CREDIT RIDER (SCHEDULE 72)
This stipulation (" Stipulation ) is entered into by and among Pacifi Corp, doing business
as Utah Power & Light Company ("PacifiCorp" or the "Company ), and the Idaho Irrigation
Pumpers Association ("lIP A") (collectively referred to as the "Parties
I. INTRODUCTION
The terms and conditions of this Stipulation are set forth herein. The Parties agree that
this Stipulation represents a fair, just and reasonable compromise of the issues raised in this
STIPULATION - Page
PortlndJ-5J0490. \ 0020017-00072
proceeding and that this Stipulation is in the public interest. The Parties, therefore
recommend that the Public Utilities Commission ("Commission ) approve the Stipulation and
all of its terms and conditions. Reference ID AP A 31.01.01.272, 274.
II. BACKGROUND
On July 22, 2005 , the Commission issued Order No. 29833 partially approving
a Stipulation dated June 10, 2005 (" Stipulation
).
The Stipulation stated in paragraph 11:
The Company agrees to meet with lIP A and other interested parties
regarding the calculation of credits under the Company
Schedule 72, the Irrigation Load Control Credit Rider. The initial
such meeting shall occur no later than August 31 , 2005. In the
event the parties reach agreement on such calculation, the
Company shall prepare a stipulation setting forth the agree-upon
terms and file such stipulation with the Commission no later than
September 30, 2005.
The Parties have met and have agreed upon a revised Schedule 72 for the
irrigation season commencing June 1 2006 and ending September 15 2006. The terms of this
agreement are incorporated in this Stipulation.
Based upon the settlement discussions between the Parties , and as a compromise
of their positions , the Parties agree to the following terms:
III. TERMS OF THE STIPULATION
Product From June 1 , 2006 to September 15 2006 , PacifiCorp will provide a
credit to Idaho Schedule 10 customers who sign up to physically curtain their load associated
with one of three different predetermined timeframes. These timeframes, all falling between
the hours ending 1400 and 1900 Pacific Prevailing Time (2: 00 pm to 8: 00 pm Mountain
Prevailing Time), are as follows:
(a)Option : Two six -continuous hour blocks per week
(Monday & Wednesday or Tuesday & Thursday);
(b)Option 2 Two three-continuous hour blocks per week
(Monday & Wednesday or Tuesday & Thursday); or
(c)Option 3 : Four three-continuous hour blocks per week
occurring Monday through Thursday.
STIPULATION - Page 2
PortlndJ-1530490,j 0020017-00072
Pricing. Pricing for these three products is based on PacifiCorp s next best
alternative to serve east side load; that is, the forward firm energy market at Mona. All three
products represent super peak prices for the timeframes involved. The monthly credits, on a
$/KW-month basis, for the three timeframes is as follows:
(a)Option : ((FPC Mona M - Thurs HE 14-19 PPT $/MWh FPC Mona M -
HE 20-13 PPT) * 6 Hrs/Day * 2 Days/Week * # W eeks/Month J -+ 1000
Option 2 : ((FPC Mona M - Thurs HE 16-18 PPT $/MWh FPC Mona M -
HE 19-15 PPT) * 3 Hrs/Day * 2 Days/Week * # Weeks/MonthJ -+ 1000
(b)
(c)Option 3 : ((FPC Mona M - Thurs HE 16-18 PPT $/MWh FPC Mona M -
HE 19-15 PPT) * 3 Hrs/Day * 4 Days/Week * # Weeks/Month J -+ 1000
Appendix A shows the difference in prices for these Options for 2005 compared to 2006.
III. GENERAL TERMS
The Parties agree that this Stipulation represents a compromise in their positions
on the issues covered. Other than the above referenced positions and any testimony filed in
support of the approval of this Stipulation , and except to the extent necessary for a Party to
explain before the Commission its own statements and positions with respect to the Stipulation
negotiations relating to this Stipulation shall not be admissible in evidence in this or any other
proceeding regarding this subject matter.
The Parties submit this Stipulation to the Commission and recommend approval
in its entirety pursuant to IDAPA 31.01.01.274. Parties shall support this Stipulation before
the Commission, and no Party shall appeal any portion of this Stipulation or Order approving
the same. If this Stipulation is challenged by any person not a party to the Stipulation, the
Parties to this Stipulation reserve the right to cross-examine witnesses and put on such case as
they deem appropriate to respond fully to the issues presented, including the right to raise
issues that are incorporated in the settlements embodied in this Stipulation. Notwithstanding
this reservation of rights , the Parties to this Stipulation agree that they will continue to support
the Commission s adoption of the terms of this Stipulation.
STIPULATION - Page 3
PortlndJ-15J0490.0020017-00072
In the event the Commission rejects any part or all of this Stipulation, or
imposes any additional material conditions on approval of this Stipulation, each Party reserves
the right, upon written notice to the Commission and the other Party to this proceeding, within
15 days of the date of such action by the Commission, to withdraw from this Stipulation. In
such case , no Party shall be bound or prejudiced by the terms of this Stipulation, and each
Party shall be entitled to seek reconsideration of the Commission s order, file testimony as it
chooses, cross-examine witnesses, and do all other things necessary to put on such case as it
deems appropriate. In such case, the Parties immediately will request the prompt reconvening
of a prehearing conference for purposes of establishing a procedural schedule for the
completion of the case. The Parties agree to cooperate in development of a schedule that
concludes the proceeding on the earliest possible date, taking into account the needs of the
Parties in participating in hearings and preparing briefs.
The Parties agree that this Stipulation is in the public interest and that all of its
terms and conditions are fair, just and reasonable.
No Party shall be bound , benefited or prejudiced by any position asserted in the
negotiation of this Stipulation, except to the extent expressly stated herein, nor shall this
Stipulation be construed as a waiver of the rights of any Party unless such rights are expressly
waived herein. Execution of this Stipulation shall not be deemed to constitute an
acknowledgment by any Party of the validity or invalidity of any particular method, theory or
principle of regulation or cost recovery. No Party shall be deemed to have agreed that any
method , theory or principle of regulation or cost recovery employed in arriving at this
Stipulation is appropriate for resolving any issues in any other proceeding in the future.
findings of fact or conclusions of law other than those stated herein shall be deemed to be
implicit in this Stipulation.
STIPULATION - Page 4
PortlndJ-15J0490.1 0020017-00072
The obligations of the Parties under this Stipulation are subject to the
Commission s approval of this Stipulation in accordance with its terms and conditions and upon
such approval being upheld on appeal by a court of competent jurisdiction.
ftk
Respectfully submitted this 12-day of October, 2005.
pers Association, Inc.PacifiCorp
Jame ell
Stoel Rives LLP
Attorneys for PacifiCorp
ric L. Ols
Racine, Olson, Nye, Budge & Bailey, Chartered
Attorney for Idaho Irrigation Pumpers
Association, Inc.
STIPULATION - Page 5
Portlnd3-1530490.10020017-00072
APPENDIX A
Page 1 of 1
Option:
2 days per week, 6 hrs per day
Jun-Jul-Aug-Sap-
2005 Credit $2.$2.$2.$0.
2006 Proposed Credit $3.$3.$3.49 $1.
Percent Change 17%27%29%48%
Option:
2 days per week, 3 hrs per day
Jun-Jul-Aug-Sap-
2005 Credit $1.$1.41 $1.$0.
2006 Proposed Credit $1.47 $1.$1.$0.4 7
Percent Change 17%28%29%50%
Option:
4 days per week, 3 hrs per day
Jun-Jul-Aug-Sap-
2005 Credit $2.$2.$2.$0.
2006 Proposed Credit $2.$3.$3.$0.
Percent Change 16%27%29%50%
PROOF OF SERVICE
I hereby certify that on this 14th day of October, 2005 I caused to be served, via
Federal Express, a true and correct copy of the Stipulation regarding Irrigation Load control
Credit Rider (Schedule 72).
IDAHO IRRIGATION PUMPERS
ASSOCIATION, INC;
Eric L. Olsen
Racine, Olson, Nye, Budge
Bailey, Chartered
201 E. Center
O. Box 1391
Pocatello, ID 83204-1391
MONSANTO
Randall Budge
Racine, Olson, Nye, Budge
Bailey, Chartered
201 E. Center
O. Box 1391
Pocatello, ill 83204-1391
Scott Woodbury
Idaho Public Utilities Commission
472 W. Washington
Boise, ill 83702-5983
Kira Pfisterer
Idaho Public Utilities Commission
472 W. Washington
Boise, ill 83702-5983
James R. Smith
Monsanto Company
Highway 34 North
Soda Springs, ID 83276
Anthony Yankel
29814 Lake Road
Bay Village, OH 44140
Conley E. Ward
Givens Pursley LLP
601 W. Bannock St.
Boise, ill 83702
Dennis E. Peseau
Utility Resources, Inc.
1500 Liberty St. SE, Suite 250
Salem, OR 97302
Timothy J. Shurtz
411 S. Main
Firth, ID 83236
Brady M. Purdy
Attorney At Law
2019 N. 17th Street
Boise, ill 83702
R. Scott Pasley
Assistant General Counsel
lR. Simplot Company
999 Main Street
Boise, ill 83702
David Hawk
Director, Energy Natural Resources
J .R. Simp lot Company
999 Main Street
Boise, ill 83702
Katie Iverson
7244 W. Cordova Court
Surprise, AZ 85387
Joe Lecki
Idaho Public Utilities Commission
472 W. Washington
Boise, ill 83702-5983
Peggy R
Regulatory Operations Coordinator