20050617Notice of Stipulation and Proposed Settlement.pdf

Office of the Secretary
Service Date
June 17 2005
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
ACIFICORP DBA UTAH POWER & LIGHT
COMP ANY FOR AUTHORITY TO INCREASE
ITS RATES FOR ELECTRIC SERVICE TO
ELECTRIC CUSTOMERS IN THE STATE OF IDAHO.
CASE NO. PAC-O5-
NOTICE OF STIPULATION
AND PROPOSED
SETTLEMENT
AMEND ED N OTI CE OF
SCHEDULING
NOTICE OF PUBLIC
COMMENT DEADLINE
On January 15, 2005, PacifiCorp dba Utah Power & Light Company (PacifiCorp;
Company) filed an Application for authority to increase the Company s general rates for electric
service by an average of 12.5%. If approved, the Company revenues for electric base retail rates
would increase by $15.1 million annually. The net amount of actual increase varies by class of
customer and usage.
On February 3, 2005, the Commission issued Notices of Application and Intervention
Deadline in Case No. PAC-05-1. Parties requesting and granted intervention were: Monsanto
Company, Idaho Irrigation Pumpers Association, Inc., Agrium, Inc., J.R. Simplot Company,
Community Action Partnership Association of Idaho and Timothy J. Shurtz.
YOU ARE HEREBY NOTIFIED that on June 13, 2005 , a Stipulation (and proposed
Settlement) was filed in PacifiCorp Rate Case No. PAC-05-1. Reference IDAPA
31.01.01.272, 274 - Settlements. The Stipulation is signed by PacifiCorp; Commission Staff; the
Idaho Irrigation Pumpers Association; Community Action Partnership Association of Idaho;
Agrium, Inc.; J.R. Simplot Company and Timothy J. Shurtz. Monsanto Company, an intervenor
did not sign the Stipulation. The Commission is apprised that Monsanto specifically objects to
~ 9 of the Stipulation, a provision that addresses special contract customers and how their rates
may be changed.
NOTICE OF STIPULATION
AND PROPOSED SETTLEMENT
AMENDED NOTICE OF SCHEDULING
NOTICE OF PUBLIC COMMENT DEADLINE
Pursuant to ~ 5 of the Stipulation, PacifiCorp shall be allowed to implement revised
tariff schedules designed to recover $5.75 million in additional annual revenue from base rates
representing an aggregate base rate increase of 4.8%. The revised tariff schedules would become
effective September 16, 2005 contemporaneously with the expiration of the Power Cost/Tax
Surcharge (Schedule 93) currently included in customers' bills. (Order No. 29518) The
resulting increase for each customer class will be a uniform 1.7% rate increase above current
rates.
Other terms of the Stipulation include a Staff commitment to engage in a
collaborative discussion with the Company to explore development of alternative rate recovery
mechanisms (~ 10); a PacifiCorp commitment to meet with Irrigators regarding the calculation of
credits under the Company s Schedule 72 - Irrigation Load Control Credit Rider (~ 11); and a
PacifiCorp commitment to file revisions to its Low Income Weatherization Program tariff
(Schedule 21) to increase customer participation and available incentives for installation of
additional cost-effective weatherization measures (~ 12).
Pursuant to Rule 274 of the Commission s Rules of Procedure
, "
when a settlement
be it active or passive, is presented to the Commission, the Commission will prescribe
procedures appropriate to the nature of the settlement to consider the settlement." As reflected in
the Commission s Rules, the Commission is not bound by settlements. Rule 276. Proponents of
a proposed settlement carry the burden of showing that the settlement is reasonable, in the public
interest, or otherwise in accordance with law or regulatory policy. Rule 275.
YOU ARE FURTHER NOTIFIED that the Commission has reviewed the filed
Stipulation and finds it reasonable to vacate the previously established June 17 , 2005 and July
, 2005 prefile dates for direct and rebuttal testimony and exhibits. Reference March 16, 2005
Notice of Scheduling.
YOU ARE FURTHER NOTIFIED that the Commission establishes the following
amended schedule of procedure in this case:
Deadline for preriling of testimony and
exhibits by PacifiCorp, Staff and
Intervenors in support of or opposition to
the Stipulation (and proposed Settlement)July 1, 2005
NOTICE OF STIPULATION
AND PROPOSED SETTLEMENT
AMENDED NOTICE OF SCHEDULING
NOTICE OF PUBLIC COMMENT DEADLINE
The prepared testimony and exhibits must conform to the requirements of Rules 266 and 267 of
the Commission s Rules of Procedure, IDAPA 31.01.01.266-267.
YOU ARE FURTHER NOTIFIED that all other persons desiring to state a position
in support of or opposition to the Stipulation and proposed Settlement may file a written
comment with the Commission. The deadline for filing written comments is Wednesday,
July 20, 2005. Written comments concerning the Stipulation and proposed Settlement shall be
mailed to the Commission and PacifiCorp at the address reflected below:
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
John Stewart
PacifiCorp
201 S. Main Street, Suite 2300
Salt Lake City, UT 84140
Mail: iohn.stewart2(fYpacificorp.com
Street Address for Express Mail:
472 W. Washington Street
Boise, ID 83702-5983
James M. Van Nostrand
Stoe! Rives LLP
900 SW Fifth Avenue, Suite 2600
Portland, OR 97204
Mail: imvannostrand(fYstoe1.com
Public comments should contain the case caption and case number shown on the first page of this
document. Persons desiring to submit comments by e-mail may do so by accessing the
Commission s homepage located at www.puc.idaho.gov. Click the "Comments and Questions
icon, and complete the comment form, using the case number as it appears on the front of this
document. These comments must also be sent to PacifiCorp at the e-mail addresses listed above.
YOU ARE FURTHER NOTIFIED that the Stipulation and proposed Settlement can
be viewed on line at www.puc.idaho.gov by clicking on "File Room" and "Electric Cases " or
can be viewed during regular business hours at the Idaho Public Utilities Commission, 472 West
Washington Street, Boise, Idaho and the Idaho offices of PacifiCorp dba Utah Power & Light
Company.
NOTICE OF STIPULATION
AND PROPOSED SETTLEMENT
AMENDED NOTICE OF SCHEDULING
NOTICE OF PUBLIC COMMENT DEADLINE
YOU ARE FURTHER NOTIFIED that the previous scheduled dates for hearing in
Case No. P AC-05-, pending Commission review and consideration of filed testimony and
written comments on the Stipulation and proposed Settlement, remain unchanged and will be
used by the Commission to establish an evidentiary record to consider the reasonableness of the
Settlement. Reference Rule 274 of the Commission s Rules of Procedure; Notice of Hearing
dated March 16 2005.
DATED at Boise, Idaho this
f#. day of June 2005.
MARSHA H. SMITH, COMMISSIONER
ATTEST:
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NOTICE OF STIPULATION
AND PROPOSED SETTLEMENT
AMENDED NOTICE OF SCHEDULING
NOTICE OF PUBLIC COMMENT DEADLINE