20060105notice_of_vacated_public_hearings.pdf

Office of the Secretary
Service Date
January 5, 2006
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 P ACIFICORP DBA UTAH POWER NOTICE OF VACATED
LIGHT COMPANY FOR AN ORDER PUBLIC HEARINGS
AUTHORIZING MEHC TO ACQUIRE
ACIFICORP NOTICE OF SETTLEMENT
REQUEST FOR
PUBLIC COMMENT
ORDER NO. 29942
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 acquisition of PacifiCorp. If approved
PacifiCorp would become an indirect, wholly owned subsidiary of MidAmerican.
MidAmerican s principal o\\l:t1~---BeikShi~e Hathaway, Inc. The Applicants must obtain
authority for MidAmerican to acquire PacifiCorp from Idaho and the other five states where
PacifiCorp provides retail electric service: California, Oregon, Utah, Wyoming, and Washington.
The acquisition must also be approved by the Federal Energy Regulatory Commission (FERC).
On December 20, 2005 , FERC authorized the transaction in Docket No. EC05-11 0-000.
In Order No. 29867 the Commission established a schedule to process this case. The
scheduling Order set a technical hearing for January 17, 2006, and scheduled two public hearings
on January 19 2006 in Shelley and Grace, Idaho. As set out in greater detail below, we vacate
the two public hearings and instead invite written comments.
NOTICE OF SETTLEMENT AND
REQUEST FOR WRITTEN COMMENT
On December 19, 2005, the Joint Applicants, the Commission Staff, J.R. Simplot
Company, Community Action Partnership Association of Idaho (CAP AI), the Idaho Irrigation
Pumpers Association, and Monsanto filed a settlement Stipulation regarding the issues presented
NOTICE OF V ACA TED PUBLIC HEARINGS
NOTICE OF SETTLEMENT
REQUEST FOR PUBLIC COMMENT
ORDER NO. 29942
in this proceeding. 1 As a result of settlement discussions opened to all the parties, the Stipulation
parties agreed upon 76 commitments or conditions if the Application is approved. These
commitments (50 general and 26 Idaho-specific commitments) bind the Joint Applicants and
other named entities. The Stipulation parties maintain that the commitments are in the public
interest and satisfy the statutory standards for MidAmerican s acquisition of PacifiCorp as set
out in Idaho Code ~ 61-328.
The Applicants, Staff and CAP AI have filed testimony in support of the settlement
Stipulation. In their prefiled testimony, the Applicants note that the Idaho settlement Stipulation
was based in large part on the settlement Stipulation filed in the Utah proceeding. The Idaho
settlement Stipulation contains a "most favored nation" clause. Idaho Stipulation at ~ 7. This
clause permits the Idaho Commission to adopt any commitment or condition which is adopted by
any of the other five State Commissions. This provision provides the Idaho Commission with
the opportunity and authority to consider and adopt commitments or conditions that benefit
Idaho. We also note that parties in the California and Oregon proceedings have filed settlement
Stipulations.
YOU ARE HEREBY NOTIFIED that we invite public comment regarding the Idaho
Stipulation and its 76 commitments. The settlement Stipulation and the accompanying Motion
adopt the Stipulation is available for public inspection during regular business hours at the
Commission s office. In addition, the settlement Stipulation is available for viewing on the
Commission s website at www.puc.idaho.gov under the "File Room" icon and then "Electric
Cases.
YOU ARE FURTHER NOTIFIED that the Commission invites members of the
public to provide written comments in support or in opposition to the settlement Stipulation and
the Joint Application no later than Januarv 19.2006 Persons desiring to submit comments via
e-mail may do so by accessing the Commission s homepage located at www.puc.idaho.gov
Click on the "Comments and Questions" icon and complete the comment form, using the case
number as it appears on the front of this document.
1 The other parties to this case (Idaho Power Company and the International Brotherhood of Electric Workers, Local57) did not sign the settlement Stipulation but do not oppose the settlement.
NOTICE OF V ACA TED PUBLIC HEARINGS
NOTICE OF SETTLEMENT
REQUEST FOR PUBLIC COMMENT
ORDER NO. 29942
OTI CE OF VA CA TED PUBLIC HEARING
YOU ARE FURTHER NOTIFIED that given the proposed settlement and the
request for written comments, the Commission vacates the public hearing scheduled in this
matter at 2:00 p., January 19, 2006 in Shelley, Idaho. The Commission has also vacates the
second public hearing that was to convene at 7:00 p., January 19, 2006 in Grace, Idaho. The
Commission has determined that public hearings may be unnecessary and the request for written
comments will allow members of the public to provide their views on the settlement Stipulation
and Joint Application.
ORDER
IT IS THEREFORE ORDERED that the two public hearings scheduled for January
2006 are vacated.
IT IS FURTHER ORDERED that persons desiring to submit a written comment in
support or opposition of either the Joint Application or the settlement Stipulation do so no later
than January 19 2006.
NOTICE OF VACATED PUBLIC HEARINGS
NOTICE OF SETTLEMENT
REQUEST FOR PUBLIC COMMENT
ORDER NO. 29942
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
~th
day of January 2006.
MARSHA H. SMITH, COMMISSIONER
ATTEST:
bls/O:P AC-05-- dh4
NOTICE OF V ACA TED PUBLIC HEARINGS
NOTICE OF SETTLEMENT
REQUEST FOR PUBLIC COMMENT
ORDER NO. 29942