20120726notice_of_scheduling_order_no_32600.pdf

Office of the Secretary
Service Date
July 26, 2012
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
XRG-DP-7, XRG-DP-8, XRG-DP-9,
XRG-DP-10, LLCs,
COMPLAINANTS,
V.
PACIFICORP DBA ROCKY MOUNTAIN
POWER,
RESPONDENT.
CASE NO. PAC-E-10-08
NOTICE OF SCHEDULING
ORDER NO. 32600
On June 8, 2012, XRG-DP-7, XRG-DP-8, XRG-DP-9, and XRG-DP-10, LLCs
(referred to collectively as "XRG" or "the projects") filed a Petition for Reconsideration of
Commission Order No. 32553 pursuant to Rule 331 of the Commission's Rules of Procedure.
IDAPA 31.01.01.331. On June 18, 2012, PacifiCorp dba Rocky Mountain Power filed its
answer to XRG's Petition. On July 6, 2012, we granted XRG's request for reconsideration.
Order No. 32588.
XRG maintains that the Commission failed to rule on several motions/requests. With
regard to XRG's February 22, 2011, Motion to Complete Discovery, the Commission found that
there was adequate information in the record to arrive at its decision. Implicit in that decision
was a determination that additional discovery was unnecessary. However, having granted
reconsideration, and in the interest of allowing XRG the information that it argues is necessary to
support its complaint, we now grant XRG's narrowed request to complete discovery. See XRG
LLCs' Withdrawal of Production Requests filed June 9, 2011. Rocky Mountain Power is
directed to respond to Production Request Nos. 24, 25, 26, 27, 31, 32(b), (d), (e), 33(a), 34, 35,
40,45 and 47.
XRG also claims that the Commission failed to rule on XRG's request to amend its
complaint. XRG's original complaint was filed with the Commission on July 29, 2010. No
amended complaint has ever been received by the Commission. Amendments are permissible
pursuant to Rule 66 of the Commission's Rules of Procedure. However, a mere mention in a
footnote of what is otherwise an answer to Rocky Mountain Power's Motion for Summary
Judgment is not sufficient to constitute a motion upon which the Commission can base a ruling.
NOTICE OF SCHEDULING
ORDER NO. 32600 1
If XRG seeks to amend its complaint it must do so pursuant to the Commission's Rules of
Procedure. See IPUC Rules 56 and 66.
Following the deadline for discovery responses, both parties will be given a final
opportunity on reconsideration to assert a position regarding the merits of the underlying XRG
complaint, i.e., whether and to what extent XRG is entitled to pre-March 16, 2010, published
avoided cost rates.
NOTICE OF SCHEDULING
YOU ARE HEREBY NOTIFIED that the following procedural schedule has been set
in order to meet the timing requirements of Idaho Code § 61-626:
Responses to production requests August 17, 2012
Simultaneous brief filing September 7, 2012
YOU ARE FURTHER NOTIFIED that the record in this matter is available for
public inspection during regular business hours at the Commission offices. The record is also
available on the Commission's web site at www.puc.idaho.gov by clicking on "File Room" and
then "Electric Cases."
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission's jurisdiction under Title 61 of the Idaho Code and the Public Utility
Regulatory Policies Act of 1978 (PURPA). The Commission has authority under PURPA and
the implementing regulations of the Federal Energy Regulatory Commission (FERC) to set
avoided costs, to order electric utilities to enter into fixed-term obligations for the purchase of
energy from qualified facilities and to implement FERC rules. The Commission may enter any
final Order consistent with its authority under Title 61 and PURPA.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commission's Rules of Procedure, IDAPA 31.01.01.000, et seq.
ORDER
IT IS HEREBY ORDERED that the parties adhere to the procedural schedule as set
out in the body of this Order.
NOTICE OF SCHEDULING
ORDER NO. 32600 2
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this oP -rig
day of July 2012.
MACK A. REDFORD, OMMISSIONER
L /a&
MARSHA H. SMITH, COMMISSIONER
ATTEST:
J(n D. JewellU
Commission Secretary
O:PAC-E-I 0-08_ks4_Scheduling
NOTICE OF SCHEDULING
ORDER NO. 32600 3