20060621Application.pdf

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June 21 2006
Jean D. Jewell
Commission Secretary
Idaho Public Utilities Commission
472 W. Washington
Boise, ID 83702
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Re:Application ofPacifiCorp dba Rocky Mountain Power
for Approval of a Stipulation with Nu- West Industries
Dear Ms. Jewell:
Please find enclosed for filing an original and 9 copies ofPacifiCorp s Application for approval
of a stipulation by and between PacifiCorp and Nu- West Industries regarding a revision in rates
under Electric Service Schedule No. 401.
PacifiCorp requests that the enclosed application be processed under modified procedure
pursuant to Rule 201 through 204 of the Commission s Rules of Procedure. PacifiCorp also
requests that the Application be processed on a schedule that will permit an effective date of
September 1 2006 for revised Schedule No. 401 and an effective date of January 1 2007 for
revised Schedule Nos. 10 and 400. In the event that an order cannot be reached before
September 1 2006, PacifiCorp requests that the revised Schedule No. 401 become effective
September 1 , 2006 subject to refund at the time ofthe Commission s final order.
All formal correspondence regarding this Application should be addressed to:
Brian Dickman
Dean Brockbank
ACIFICORP
201 South Main, Suite 2300
Salt Lake City, Utah 84111
Telephone: [phone]
Fax: [phone]
Email: brian.dickman~pacificorp.com
Email: dean.brockbank~pacificorp.com
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James M. Van Nostrand
STOEL RIVES LLP
900 SW Fifth Avenue, Suite 2600
Portland, OR 97204
Telephone: [phone]
Fax: [phone]
Email: imvannostrand~stoel.com
Jean D. Jewell
June 21 2006
Page 2
Communications regarding discovery matters, including data requests issued to PacifiCorp,
should be addressed to:
By E-mail (preferred):datareq uest~aci fi corp. com
By Fax:[phone]
By regular mail:Data Request Response Center
PacifiCorp
825 NE Multnomah St., Suite 300
Portland, OR 97232
Informal inquiries may be directed to Brian Dickman, Manager, Idaho Regulatory Affairs at
[phone].
Thank you for your assistance with this filing.
Very truly yours
DJ)+ ~/tt/Y
D. Douglas Larson
Vice President, Regulation
cc:Service List
Enclosures
Mark C. Moench
Senior Vice President and General Counsel
PacifiCorp, dba Rocky Mountain Power
201 South Main, Suite 2300
Salt Lake City, Utah 84111
Telephone: [phone]
Fax: [phone]
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
In the Matter of the Application ofPacifiCorp,
dba Rocky Mountain Power for Approval of a
Stipulation with Nu- West Industries
Case No. PAC-06-
APPLICATION OF P ACIFICORP
PacifiCorp, dba Rocky Mountain Power ("PacifiCorp" or the "Company ) hereby
applies to the Commission for approval of a stipulation ("Stipulation ) entered into by and
between PacifiCorp and Nu-West Industries ("Nu-West") regarding a proposed adjustment to
rates as specified in Electric Service Schedule No. 401. In support of this Application
PacifiCorp states as follows:
PacifiCorp is authorized to do and is doing business in the state of Idaho.
PacifiCorp provides retail electric service to approximately 64 000 customers in the state of
Idaho and , as to such service, is subject to the jurisdiction ofthe Commission.
Nu-West is a Delaware corporation conducting business at facilities for the
production of phosphate fertilizer located at Soda Springs, Idaho.
Communications regarding this Application should be addressed to:
Brian Dickman
Dean Brockbank
ACIFICORP
201 South Main, Suite 2300
Salt Lake City, Utah 84111
APPLICATION OF PACIFICORP -
Telephone: [phone]
Fax: [phone]
Email: brian.dickman(Q),pacificorp.com
Email: dean.brockbank(Q),pacifiCorp.com
and to:
James M. Van Nostrand
STOEL RIVES LLP
900 SW Fifth Avenue, Suite 2600
Portland, OR 97204
Telephone: [phone]
Fax: [phone]
Email: imvannostrand(Zi),stoel.com
A copy of the Stipulation is attached to this Application.
The electric service agreement currently governing electric service to Nu-West
under Schedule No. 401 ("Existing Agreement") was approved by the Commission in Order
No. 29940 and terminates effective December 31 2010. The Existing Agreement states that
Commission-authorized tariff rate changes, effective semi-annually each July 1 and January 1
apply to service under Schedule No. 401. In a departure from the terms of the Existing
Agreement, Nu-West has agreed to allow for the rate adjustment proposed in the Stipulation
to be effective September 1 , 2006, subject to Commission approval. Future Commission-
authorized adjustments are anticipated to be made according to the terms of the Existing
Agreement.
On June 21 , 2006, the Company submitted the Revised Tariff Schedule No.
401 in a separate application to revise Electric Service Schedule Nos. 10 400, and 401
reflecting new rates for Nu- West pursuant to the Stipulation. The Company requested an
effective date of September 1 , 2006 for the revision to Schedule No. 401.
APPLICA TION OF P ACIFICORP - 2
PacifiCorp requests that this Application be processed under modified
procedure pursuant to Rules 201 through 204 of the Commission s Rules of Procedure.
PacifiCorp also requests that the Application be processed on a schedule that will permit an
effective date of September 1 , 2006. In the event that an order cannot be reached before
September 1 , 2006, PacifiCorp requests that the revised Schedule No. 401 become effective
September 1 2006 subject to refund at the time of the Commission s final order.
WHEREFORE, PacifiCorp respectfully requests that the Commission process this
Application under modified procedure and approve the Stipulation dated June 9, 2006.
DATED: June 19 2006.
Respectfully submitted
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Mark C. Moench
Senior Vice President and General Counsel
Pacificorp, dba Rocky Mountain Power
APPLICA TION OF P ACIFICORP - 3
CERTIFICATE OF SERVICE
I hereby certify that on this ~O+6\day of June, 2006, I caused to be served, via U.
mail, a true and correct copy of the foregoing document to the following:
Conley E. Ward
Givens Pursley LLP
601 W. Bannock St. (83702)
O. Box 2720
Boise, ill 83701-2720
Tim Buller
Electrical Engineer
Agrium u.S. Inc.
3010 Conda Road
Soda Springs, Idaho 83276
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Peggjy ah.
Supe ISor, Regulatory Administration
CERTIFICATE OF SERVICE-
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JamesM. Van Nostrand, ISB No. 7323
STOEL RIVES LLP
900 SW Fifth Avenue, Suite 2600
Portland, OR 97204
Telephone: [phone]
Fax: [phone]
Email: jmvannostrand($stoel.com
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Mark Moench
Dean Brockbank
Rocky Mountain Power
201 South Main, Suite 2300
Salt Lake City, UT 84111
Telephone: [phone]
FaX: [phone] '
Email: Mark.Moench~acifiCorp.com
Dean.Bro ckbank(f9Pacifi Corp. com
Attorneys for PacifiCorp dba
Rocky Mountain Power
BEFORE THE IDAHO PUBLIC UTll.,ITIES COMMISSION
IN THE MATTER OF THE
APPLICATION OF P ACIFICORP DBA
ROCKY MOUNTAIN POWER FOR
AUTHORITY TO INCREASE ITS
SCHEDULE NO. 401 RATES FOR
ELECTRIC SERVICE TO ELECTRIC
CUSTOMERS IN THE STATE OF
IDAHO
CASE NO. PAC-E-06~
STIPULATION
This stipulation ("Stipulation ) is entered into by and between PacifiCorp, doing business
as Rocky Mountain Power ("PacifiCorp" or the "Company ) and Nu- West Industries, Inc. ("Nu-
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West") (collectively referred to as the "Parties ) as ofJurie7, 2006.
STIPULATION-Page 1
I. INTRODUCTION
The terms and conditions of this Stipulation are set forth herein. The Parties
agree that this Stipulation represents a fair, just and reasonable compromise of the issues raised
between the Parties and that this Stipulation is in the pubJic interest. The Parties, therefore
recommend that the Public Utilities Commission ("Commission ) approve the Stipulation and all
of its terms and conditions. Reference IDAPA 31.01.01.271 274.
ll. BACKGROUND
Concurrently with the filing of this Stipulation, PacifiCorp is filing an Application
seeking authority to increase the Company s base rates for e.lectric service under Electric Service
Schedule No. 401 by $150 000 annually, an increase of approximately 4%.
In anticipation offiJing the Application, representatives ofPacifiCorp and Nu-
West met several times pursuant to IDAPA 31.01.01.271 and engaged in settlement discussions
with a view toward resolving the issues raised in PaciflCorp s Application.
Based upon the settlement discussions between the Parties, as a compromise oftbe
positions in this proceeding, and for other consideration as set forth below, the Parties agree to
the following terms:
ill. TERMS OF THE STIPULATION
PaciflCorp shall be allowed to implement a revised Electric Service Schedule No.
401 ("Revised Tariff Schedule ), designed to recover $150 000 in additional annual revenue
representing a rate increase of approximately 4%. Notwithstanding the adjustment language set
forth in Section 4.2 of the Electric Service Agreement between the Parties, dated October 31
2005, and notwithstanding the Semi-Annual Adjustment clause set forth in Schedule No. 401
such Revised Tariff Schedule shall become effective as of Septemb~r 1 )006. The Parties agree
to support the attached Exhibit A, the revised Electric Service Schedule No. 401, which reflects
the Revised Tariff Schedule.
STIPULATION - Page 2
The Parties agree that this Stipulation represents a compromise of the positions of
the Parties in this proceeding. Other than the above referenced positions and any testimony moo
in support of the approval of this Stipulation, and except to the extent necessary for a Party to
explain before the Commission its own statements and positions with respect to the Stipulation
all negotiations relating to this Stipulation shall not be admissible as evidence in this or any other
proceeding regarding this subject matter.
6,.. . ... The-P..arties submit this Stipulation and Exhibit A to the Commission and
recommend approval in its entirety pursuant to IDAPA 31.01.01.274. The Parties shall support
this Stipulation and the Application before the Commission, apd neither Party shall appeal any
portion of this Stipulation or Order approving the same. If this Stipulation is challenged by any
person not a party to the Stipulation, the Parties to this Stipulation reserve the right to cross-
examine witnesses and put on such case as they deem appropriate to respond fully to the issues
presented, including the right to raise issues that are incorporated in the settlement embodied in
this Stipulation. Notwithstanding this reservation of rights, the Parties to this Stipulation agree
that they will continue to support the Commission s adoption of the terms of this Stipulation and
approval of the Application.
In the event the Commission rejects any part or all of this Stipulation, or imposes
any additional material conditions on approval of this Stipulation, each Party reserves the right,
upon written notice to the Commission and the other Parties to this proceeding, within 15 days of
the date of such action by the Commission, to withdraw iTom this Stipulation. In such case, no
Party shall be bound or prejudiced by the terms of this Stipulation, and each Party shall be
entitled to seek reconsideration of the Commission s order, me testimony as it chooses, cross-
examine witnesses, aIld do all other things necessary to put on such case as it d~~~s appropriat
The Parties agree that this Stipulation is in the public interest and that all of its
terms and conditions are fair, just and reasonabJe.
STIPULATION - Page 3
No Party shall be bound, benefited or prejudiced by any position asserted in the
negotiation of this Stipulation, except to the extent expressly stated herein, nor shall this
Stipulation be construed as a waiver of the rights of any Party unless such rights are expressly
waived herein. Execution of this Stipulation shall not be deemed to constitute an
acknowledgment by any Party of the validity or invalidity of any particular method, theory or
principle of regulation or cost recovery. No Party shall be deemed to have agreed that any
method, theory or principle of regulation or cost recovery employed in arriving at this Stipulation
is appropriate for resolving any issues in any other proceeding in the future. No findings offact
or conclusions of law other than those stated herein shall be deemed to be implicit in this
Stipulation.
(REMAINDER OF PAGE IN1ENTIONALL Y LEFT BLANK)
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STIPULATION - Page 4
10.The obligations of the Parries under this Stipulation are subject to the Commission
approval of this Stipulation in accordance with its terms and conditions and, if judicial review is
sought, upon such approval being upheld on appeal by a court of competent jurisdiction.
Respectfully submitted this th day of June, 2006.
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PacifiCorpY~~
Attorney for PacifiCorp
STIPULATION - Page 5
ulah
gJUII Stipulation Exhibit A
C. No. 28
Revised Sheet No. 401
Canceling Original Sheet No. 401
UTAH POWER & LIGHT COMPANY
ELECTRIC SERVICE SCHEDULE NO. 401
STATE OF IDAHO
Special Contract
PURPOSE: The purpose of this Schedule is to describe generally the terms and conditions
provided by the Company pursuant to a Special Contract approved by the Idaho Public Utility Commission.
Nu-West Industries Inc.
Special Contract Dated October 31 , 2005.
A vailabilitv
This schedule is available for firm retail service of electric power and energy delivered for the
operations of Nu-West Industries' facilities located at Soda Springs , Idaho, as provided in the Power
Supply Agreement between the two parties.
Term
January 1 2006 through December 31 2010.
Monthly Charge
Customer Charge - $ per Month
Demand Charge - $ per kW -month
Energy Charge - $ per MWhHLH Monday through Friday
HE0800 to HE2300 MPT
LLH All other hours and Holidays
Semi-Annual Adjustment:The charges specified in this Section shall be adjusted semi-annually
effective July 1, 2006 and January 1 , 2007 and each July 1 and January 1 thereafter, so that they
equal the tariff rates. This shall be the sole and exclusive means of adjustment to the unit charges
contained herein.
May - October November - April
$ 293.$ 293.
11.61 9.37
$ 23.19.
17.17.
Tariff Rates:The Commission approved rates applicable to Nu- West, including, but not limited to
customer charges, demand charges, energy charges, surcharges, and credits, as specified in Idaho
Electric Service Schedule No. 401 or its successor.
Submitted Under XXXXX
Originally Submitted Under Advice Letter 05-
ISSUED: xxxxx EFFECTIVE: xxxxxx