20051122Order No 29921.pdf

Office of the Secretary
Service Date
November 22, 2005
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
ACIFICORP FOR APPROV AL OF A POWER
PURCHASE AGREEMENT FOR THE SALE
AND PURCHASE OF ELECTRIC ENERGY BETWEEN P ACIFICORP AND
SCHWENDIMAN WIND LLC
CASE NO. P AC-O5-
NOTICE OF
DOCKET CONTINUATION
ORDER NO. 29921
On August 15, 2005 , PacifiCorp dba Utah Power & Light Company (PacifiCorp;
Company) filed an Application for approval of a Power Purchase Agreement ("Agreement") for
the sale and purchase of electric energy between PacifiCorp and Schwendiman Wind LLC
Schwendiman
) .
On October 4, 2005 , the Commission issued final Order No. 29880 in Case No. P AC-
05-rejecting the submitted Agreement because it did not include a "90/110 percent
performance band " a provision that defines a minimum degree of predictability required for
published rate eligibility. Reference Order No. 29632. The parties were provided 14 days to
submit an amended Agreement containing a 90/110 percent performance band. If an amended
Agreement was not submitted, the Application was to be regarded as dismissed without
prejudice.
On October 25 , 2005, Schwendiman filed a Petition for Reconsideration.
Alternatively, Schwendiman petitioned to remove the final Order paragraph, thereby allowing
the Order to remain interlocutory for a period of time.
On November 22, 2005, Schwendiman filed a Notice of Withdrawal of Pleading,
withdrawing its Petition for Reconsideration. Schwendiman reaffirms its request that the case
docket be left open.
YOU ARE HEREBY NOTIFIED that the Commission finds the developed record to
date in this case is closed and Order No. 29880 remains final. The time for reconsideration of
Order No. 29880 has passed.
YOU ARE FURTHER NOTIFIED that the Commission, after considering the nature
of the alternative relief requested by Schwendiman, finds it reasonable to leave the case docket in
NOTICE OF DOCKET CONTINUATION
ORDER NO. 29921
P AC-05-9 open until January 16, 2006 for further filings and case development by the parties.
Should there be no filing within said period of time, the docket will be considered closed.
ORDER
In consideration of the foregoing and as more particularly described and qualified
above, IT IS HEREBY ORDERED that the alternative relief requested by Schwendiman in its
October 25, 2005 Petition is granted in so far as the docket in Case No. P AC-05-9 will remain
open for further filings and case development. Should there be no additional filings on or prior
to January 16, 2006, the P AC-05-9 case docket will be considered closed.
DONE by Order ofthe Idaho Public Utilities Commission at Boise, Idaho this ;Z1..
day of November 2005.
6~ J~~
MARSHA H. SMITH, COMMISSIONER
a~iZ;:-/~ ovDENNIS S. HANSEN, COMMISSIONER
ATTEST:
~I-. iD xil
D. Jewel
Commission Secretary
O:PAC-05-09 sw
NOTICE OF DOCKET CONTINUATION
ORDER NO. 29921