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HomeMy WebLinkAbout20051206notice_of_application_pac.pdfOffice of the Secretary Service Date December 6, 2005 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF P ACIFICORP DBA UT AD POWER & LIGHT COMPANY FOR APPROVAL OF AN ELECTRIC SERVICE AGREEMENT WITH NU-WEST INDUSTRIES CASE NO. PAC-O5- NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE NOTICE OF COMMENT/PROTEST DEADLINE YOU ARE HEREBY NOTIFIED that on December 2, 2005, PacifiCorp dba Utah Power & Light Company (PacifiCorp; Company) filed an Application with the Idaho Public Utilities Commission (Commission) requesting approval of an Electric Service Agreement (Agreement) with Nu-West Industries (Nu-West) dated October 31 , 2005. The Agreement replaces an Electric Service Agreement (Prior Agreement) dated December 10, 2001 , approved by the Commission in Case No. PAC-01-17. Nu- West is engaged in the production of phosphate fertilizer at facilities located in Soda Springs, Idaho. The Prior Agreement governing electric service to Nu-West terminates on December 31 2005. The submitted Agreement will become effective January 1 2006, subject to approval by the Commission, and will terminate on December 31 , 2010. In compliance with Commission Order No. 29833 approving the Stipulation in Case No. PAC-05-, the Company on October 26 2005 submitted Revised Tariff Sheet No. 400.2 reflecting new rates for Nu- West pursuant to the Stipulation. The Company requested an effective date of January 1 2006. As reflected in Section 4 of the Agreement, the following monthly charges will apply to Nu- West: NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE NOTICE OF COMMENT/PROTEST DEADLINE MONTHLY CHARGES May-October November-Avril Customer Charge $ Per Month $282.$282. Demand Charge $ Per k W - Month $ 11.19 Energy Charge $ Per MWh (HLH)Monday - Friday $ 23.$ 19. HE0800-HE2300 MPT (LLH)All other hours and holidays $ 17.33 $ 17. The demand and energy charges identified in the Agreement are to be uniformly adjusted semi- annually effective July 1 , 2006 and January 1 , 2006 and each July 1 and January 1 thereafter, so that they equal the tariff rates. Agreement Section 4. Section 8.1 of the Agreement provides that PacifiCorp may terminate the Agreement if the Order approving the Agreement does not provide for the direct assignment of the revenues and costs from the Agreement to the Idaho jurisdiction for ratemaking purposes. Section 8.3 of the Agreement provides that the Commission has the authority to modify the rates for service under the Agreement under the same standard that applies to tariff customers generally. Commission authorized tariff rate changes, including surcharges or credits that apply to tariff customers generally, will also apply to service under the Agreement. Accordingly, the Company requests that, except as provided in Section 4.2 ofthe Agreement, the Order approving the Agreement include an acknowledgement that rates for service to Nu-West are subject to modification by the Commission under the same standard that applies to tariff customers generally. PacifiCorp requests that its Application be processed under Modified Procedure, i. by written submission rather than by hearing. YOU ARE FURTHER NOTIFIED that the Commission has reviewed the filings of record in Case No. P AC-05-11. The Commission has preliminarily determined that the public interest regarding the Company s Application and the Nu- West Agreement may not require a hearing to consider the issues presented and that issues raised by the Application may be processed under Modified Procedure , by written submission rather than by hearing. Reference Commission s Rules of Procedure, IDAPA 31.01.01.201-204. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE NOTICE OF COMMENT/PROTEST DEADLINE YOU ARE FURTHER NOTIFIED that the deadline for filing written comments or protests with respect to PacifiCorp s Application and the use of Modified Procedure in Case No. PAC-05-11 is Friday, December 16, 2005. YOU ARE FURTHER NOTIFIED that if no written comments or protests are received within the deadline, the Commission may consider the matter on its merits and may enter its Order without a formal hearing. If comments or protests are filed within the deadline the Commission will consider them and in its discretion may set the matter for hearing or may decide the matter and issue its Order based on the written positions before it. Reference IDAP 31.01.01.204. YOU ARE FURTHER NOTIFIED that written comments concerning Case No. PAC- 05-11 should be mailed to the Commission and the Company at the addresses reflected below. Commission Secretary Idaho Public Utilities Commission PO Box 83720 Boise, ID 83720-0074 Bob Lively PacifiCorp 201 S. Main, Suite 2300 Salt Lake City, UT 84140-0023 Street Address for Express Mail:James M. Van Nostrand Stoel Rives LLP 900 SW Fifth Avenue, Suite 2600 Portland, OR 97204-1268 472 W. Washington Street Boise, ID 83702-5983 All comments should contain the case caption and case number shown on the first page of this document. Persons desiring to submit comments via e-mail may do so by accessing the Commission s home page 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. YOU ARE FURTHER NOTIFIED that the Company s Application in Case No. PAC-05-11 together with a copy of the Electric Service Agreement between PacifiCorp and Nu- West Industries, Inc. may be viewed during regular business hours at the offices of the Idaho Public Utilities Commission, 472 W. Washington Street, Boise, Idaho and at the Idaho offices of PacifiCorp dba Utah Power & Light Company. In addition, the Application may be viewed by accessing the Commission s home page at www.puc.idaho.gov by clicking on "File Room" and then "Electric Cases. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE NOTICE OF COMMENT/PROTEST DEADLINE DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this &ff.. day of December 2005. P AUL KJELL~ DER, PRESIDENT MARSHA H. SMITH, COMMISSIONER ATTEST: ~ lil:JJe D. Jewell Co mission Secretary bls/N:PAC-O5- NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE NOTICE OF COMMENT/PROTEST DEADLINE