20111026order_no_32386.pdf

Office of the Secretary
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
Service Date
October 26,2011
IN THE MATTER OF THE APPLICATION OF
PACIFICORP DBA ROCKY MOUNTAIN
POWER FOR A DETERMINATION
REGARDING A FIRM ENERGY SALES
AGREEMENT BETWEEN ROCKY
MOUNTAIN POWER AND CEDAR CREEK
WIND,LLC (RATTLESNAKE CANYON
PROJECT (11-01),COYOTE HILL PROJECT
(11-02),NORTH POINT PROJECT (11-03),
STEEP RIDGE PROJECT (11-04),AND FIVE
PINE PROJECT (11-05)).
CEDAR CREEK W1ND,LLC,
Petitioner/Appellant,
V.
IPUC CASE NOS.PAC-E-11-0i
PAC-E-1 1-02
PAC-E-1 1-03
PAC-E-1 1-04
PAC-E-1 1-05
On October 24,201 1,the Commission and Cedar Creek Wind,LLC filed a Stipulated
Motion with the Supreme Court to suspend the appeal and remand this matter back to the Public
Utilities Commission)The parties maintained that there was good cause to suspend the appeal,
primarily so they could consider a recent Order issued by the Federal Energy Regulatory
Commission (FERC).The Motion noted that the temporary remand would allow the PUC to
On October 4,201!,PacifiCorp dba Rocky Mountain Power (“Rocky Mountain”)filed a Petition to Intervene as apartyinthisappeal.As of the date of this Order,the Court has not ruled upon Rocky Mountain’s Petition.Nevertheless,Rocky Mountain supports the suspension of the appeal and remand to the Commission.
SUPREME COURT
DOCKET NO.39134-2011
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ORDER NO.32386
IDAHO PUBLIC UTILITIES COMMISSION,
Respondent,Respondent on Appeal,
and
PACIFICORP DBA ROCKY MOUNTAIN
POWER,
Respondent.
ORDER NO.32386 I
reconsider its Orders in light of the FERC Order:and (2)provide the parties with an opportunity
to settle the appeal.
Idaho Code §61-624 further provides that the Commission “may at any time.upon
notice to the public utility affected,and after opportunity to be heard...,rescind,alter or amend
any order or decision made by it.’Consistent with the Stipulation Motion discussed above,the
Commission on its Motion finds that it is appropriate to grant a further rehearing so that the
Commission may reconsider its Order No.32302 issued July 27,2011.Idaho Code §6 1-624;
Rule 332;Consumers Company v.Idaho PUC.40 Idaho 772.236 P.732 (1925);Order No.
29491.Consequently,the Commission finds it is appropriate to issue this scheduling Order.
As indicated in the Stipulated Motion,the parties request that they be permitted an
opportunity to engage in settlement negotiations.Given the agreement among the parties,we
find it is reasonable and in the public interest to schedule two settlement conferences for the
parties.The Commission invites settlement of the entire appeal pursuant to Rule 353.
The parties have already convened their first settlement conference on October 20,
2011,and plan a second conference at 9:00 a.m.on October 27,2011,in the Commission’s
Hearing Room,472 West Washington Street,Boise,idaho.Additional settlement conferences
may be held.Consistent with procedural Rule 352,Staff is authorized to participate in the
settlement negotiations and the settlement negotiations are confidential unless all parties agree to
the contrary.
If the parties are unable to reach settlement in this matter,the Commission shall
schedule further proceedings to determine whether a “legally enforceable obligation”arose
before Rocky Mountain and Cedar Creek executed their Power Purchase Agreements.
ORDER
IT IS HEREBY ORDERED that the parties attend two settlement conferences as set
out in the body of this Order.Absent settlement,the Commission will schedule further
proceedings.
ORDER NO.32386 2
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this 2’
day of October2011.
64cPAULKLLAO,PRESIDENT
MACK A.REDFORD,OMv1ISSIONER
)/(Th
U iU zi z&
MARSHA H.SMITH,COMMISSIONER
ATTEST:
Jeéji D.JewellU
Commission Secretary
bls/O:PAC-E-I I-OIPAC-E-1 1-O2PAC-E1 1-O3PAC-EI I-O4PACE-l 1-O5dhRemand Schedule
ORDER NO.32386 3