20050916notice of public hearing order no 29867.pdf

Office of the Secretary
Service Date
September 16 2005
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT
APPLICATION OF MIDAMERICAN CASE NO. P AC-O5-
ENERGY HOLDINGS COMPANY (MEHC)
AND PACIFICORP DBA UTAH POWER &NOTICE OF PUBLIC HEARING
LIGHT COMPANY FOR AN ORDER
AUTHORIZING MEHC TO ACQUIRE NOTICE OF
ACIFICORP TECHNICAL HEARING
ORDER NO. 29867
On July 15 , 2005, PacifiCorp dba Utah Power & Light Company ("PacifiCorp ) and
MidAmerican Energy Holdings Company ("MidAmerican ) filed a Joint Application requesting
that the Commission authorize MidAmerican to acquire all of the outstanding common stock of
PacifiCorp. If approved, PacifiCorp would become an indirect, wholly owned subsidiary of
MidAmerican. PacifiCorp provides retail electric service to nearly 60 000 customers in
southeastern Idaho. On August 17, 2005, the Applicants revised portions of their Joint
Application following enactment of the Energy Policy Act of 2005.
THE PREHEARING CONFERENCE
On August 18, 2005, the Commission issued its Notice of Application and set a
deadline for intervention. The Commission s Notice and Order provided that once the deadline
for intervention has passed
, "
the parties will informally convene to devise a recommended
schedule to process this case.Order No. 29846 at 9. On September 7, 2005, the parties
convened a telephonic prehearing conference. The following parties were represented:
PacifiCorp, MidAmerican, Idaho Power Company, Monsanto Company, the Idaho Irrigation
Pumpers Association (the Irrigators), and the International Brotherhood of Electric Workers
Local 57 (IBEW), and the Commission Staff. The Community Action Partnership Association
of Idaho (CAP AI) was not involved in the conference call but does not oppose the schedule.
A. The Schedule
The parties participating in the conference call agreed on a proposed schedule and
urged the Commission to adopt it. The parties recognize that the Commission will conduct
NOTICE OF PUBLIC HEARING
NOTICE OF TECHNICAL HEARING
ORDER NO. 29867
public hearings in this matter and suggested two sets of dates for the Commission
consideration.
Based upon the agreement of the parties participating in the conference call, the
Commission adopts the proposed schedule with modifications as set out in greater detail below.
DATE
October 4, 2005
ACTION
Technical workshop/conference for the parties
(9:00 A., JR. Williams Building, 700 W.
State Street, Basement Conference Room
Boise)
November 2-, 2005 Settlement conference in Boise (9:00 A.
PU C Hearing Room)
December 6, 2005 Staff and intervenor prefile testimony deadline
January 6, 2006 Applicants rebuttal prefile testimony deadline
January 17-, 2006 Technical hearing in Boise
January 19, 2006 Public hearings in Shelley and Grace
The Commission anticipates issuing an Order in a timely fashion after the hearings have been
completed.
During the prehearing conference call, the parties agreed to answer discovery
interrogatories no later than ten business days. The parties also agreed to serve documents
among themselves by electronic mail with a single hard copy to be provided the next business
day to counsel for each party. The e-mail addresses are contained in the separate Notice of
Parties.
B. Petitions for Intervention
On August 30 and 31 , 2005, respectively, the Community Action Partnership
Association of Idaho (CAP AI) and the IBEW petitioned to intervene in this case. Based upon
our review of the Petitions and the lack of any objection at the prehearing conference, the
Commission finds it is appropriate to grant these two Petitions to Intervene. The Commission
Secretary will issue the Notice of Parties in a separate document.
NOTICE OF PUBLIC HEARING
NOTICE OF TECHNICAL HEARING
ORDER NO. 29867
NOTICE OF TECHNICAL HEARING
YOU ARE FURTHER NOTIFIED that a technical hearing in this matter will
convene at 9:30 A.M., TUESDAY, JANUARY 17, 2006 IN THE COMMISSION'
HEARING ROOM, 472 WEST WASHINGTON STREET, BOISE, IDAHO (334-03001 and
continue on WEDNESDAY, JANUARY 18, 2006 . Parties intending to present testimony and
exhibits shall do so at the technical hearing.
YOU ARE FURTHER NOTIFIED that the prepared testimony and exhibits shall
conform to the requirements of Rules 231 , 266, and 267 of the Commission s Rules of
Procedure, IDAPA 31.01.01.231 , 266, 267. The parties ' assigned exhibit numbers are set out in
the separate Notice of Parties.
NOTICE OF PUBLIC HEARING
YOU ARE FURTHER NOTIFIED that the Commission will convene a public
hearing in this matter to convene at 2:00 P.M., THURSDAY, JANUARY 19, 2006 AT THE
SHELLEY SENIOR CENTER, 193 W. PINE, SHELLEY, IDAHO. The second public
hearing will convene at 7:00 P.M., THURSDAY, JANUARY 19, 2006 IN THE GEM
VALLEY PERFORMING ARTS CENTER, 704 S. MAIN STREET, GRACE, IDAHO
The purpose of these public hearings is to take testimony from members of the public.
YOU ARE FURTHER NOTIFIED that all hearings and prehearing conferences in
this matter will be held in facilities meeting the accessibility requirements of the Americans with
Disabilities Act (ADA). Persons needing the help of a sign language interpreter or other
assistance in order to participate in or to understand testimony and argument at a public hearing
may ask the Commission to provide a sign language interpreter or other assistance at the hearing.
The request for assistance must be received at least five (5) working days before the hearing by
contacting the Commission Secretary at:
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone] (Telephone)
[phone] (FAX)
Mail: secretary~puc.idaho.gov
YOU ARE FURTHER NOTIFIED that all hearings will be conducted pursuant to the
Commission s Rules of Procedure, IDAPA 31.01.01.
NOTICE OF PUBLIC HEARING
NOTICE OF TECHNICAL HEARING
ORDER NO. 29867
YOU ARE FURTHER NOTIFIED that the Commission has jurisdiction over this
matter pursuant to Title 61 and specifically Idaho Code ~ 61-328.
ORDER
IT IS HEREBY ORDERED that the Petitions to Intervene filed by the Community
Action Partnership Association of Idaho and the International Brotherhood of Electric Workers
Local 57 are granted.
IT IS FURTHER ORDERED that the parties shall comply with the case schedule set
out in this Order. Parties shall also comply with the ten-day discovery deadline.
IT IS FURTHER ORDERED that service among the parties be accomplished by
electronic mail pursuant to Rule 63 , IDAPA 31.01.01.063. In addition to service by electronic
mail, the parties shall serve a hard copy of all filed documents to arrive no later than the next
business day on counsel for each party.
IT IS FURTHER ORDERED that when parties submit prefiled testimony to the
Commission Secretary, they include an original and eight (8) paper copies of the testimony
pursuant to Rule 61.03, IDAPA 31.01.01.061.03.
NOTICE OF PUBLIC HEARING
NOTICE OF TECHNICAL HEARING
ORDER NO. 29867
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this / ~1-Jv
day of September 2005.
MARSHA H. SMITH , COMMISSIONER
ATTEST:
fl:.'~~ ~uJ
ar ara Barrows
Assistant Commission Secretary
bls/O:PAC-05-08 dh2
NOTICE OF PUBLIC HEARING
NOTICE OF TECHNICAL HEARING
ORDER NO. 29867