20111222order_no_32420.pdf

Offce of the Secretar
Service Date
December 22, 20 i i
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF PACIFICORP DBA ROCKY MOUNTAIN ) CASE NO. PAC-E-ll-12
POWER FOR APPROVAL OF CHANGES TO )
ITS ELECTRIC SERVICE SCHEDULES ) ORDER NO. 32420
)
On May 27,2011, PacifiCorp dba Rocky Mountain Power ("Rocky Mountain Power"
or "Company") filed an Application with the Commission seeking approval to increase its rates
for electric service to its retail customers in Idaho by approximately $32.7 milion, or an overall
average rate increase of 15%. On June 8, 2011, the Commission issued a Notice of Application
and suspended the proposed rate increases for a period of thirty (30) days plus five (5) months
from June 27, 2011, or until such time as the Commission enters an Order accepting, rejecting or
modifying the Company's Application. See Order No. 32263. In other words, the proposed
rates were susupended until December 27,2011. Idaho Code § 61-622.
On August 3, 2011, the Commission issued a Notice of Schedule and Notice of
Techncal Hearing that included dates for a settlement conference and a techncal hearing. See
Order No. 32309. Following the settlement conferences, all of the paries, except Community
Action Parnership Association of Idaho (CAPAI), entered into a Stipulation that proposed to
settle nearly all of the issues in the rate case. On October 18,2011, Rocky Mountain Power filed
a Settlement Stipulation with the Commission. A provision of the Stipulation requests
Commission approval of an initial effective date of Januar 1, 2012.
DISCUSSION AND FINDINGS
The Commission's authority to suspend the effective date of a proposed increase in
any rate is contained in Idaho Code § 61-622. This section states in relevant par:
The commission shall have power, and is hereby given authority. . . to enter
upon a hearing concerning the propriety of such rate . . . and pending the
hearing and decision thereon, such rate . . . shall not go into effect; provided,
that the period of suspension of such rate . . . shall not extend beyond thirt
(30) days when such rate. . . would otherwse go into effect, pursuant to
section 61-307, Idaho Code, unless the commission in its discretion extends
the period of suspension for an initial period not exceeding five (5) months,
nor unless the commission after a showing of good cause on the record
grants an additional sixty (60) days (of suspension).
ORDER NO. 32420 1
Idaho Code § 61-622 (emphasis added). Under Rule 276, the Commission is not bound by any
of the terms of the proposed Stipulation. IDAPA 31.01.01.276. In paricular, the Commission is
free to "accept the settlement, reject the settlement, or state additional conditions under which the
settlement is accepted." Id.
By our calculation, the initial suspension period (30 days plus 5 months) in this case
ends on December 27,2011. The technical hearing was conducted on December 19,2011. The
telephonic public hearng was conducted the same evening. At the technical hearng, we ordered
the paries to submit any Petitions for Intervenor Funding no later than the end of the business
day on Friday, December 23, 2011. Thus, the record in this case will be closed (subject to any
objection to intervenor funding) on December 23,2011.
Time is required to prepare a transcript of the technical hearing and the public
hearing, December 26, 2011 is a legal holiday, and time is necessar for the review of the entire
record in this proceeding. We find that there is good cause for the suspension period in this case
to continue. The Commission finds that the four remaining business days before the end of the
suspension period (December 27, 2011) are insuffcient to render a well-considered decision in
this matter. Due to the complexity of the issues in this case, the size of the increase requested by
the Company and the current obligations of the Commission, we find that an additional 21-day
suspension period is necessary. Idaho Code § 61-622.
We recognize that the Stipulation fied by the Company, and signed by all of the
paries except CAP AI, contemplates that the proposed increase will take effect on Januar 1,
2012. Nevertheless, the Commission has a duty to carefuly consider all of the issues related to
the Company's Application. Accordingly, we find there is good cause to continue the
suspension period until Januar 17, 2012. The Commission wil endeavor to issue the final
Order as soon as possible.
ORDER
IT IS HEREBY ORDERED that Rocky Mountain Power's Application shall be
suspended up to an additional 21 days, or until Januar 17,2012, unless the final Order is issued
sooner.
ORDER NO. 32420 2
DONE by Order of the Idaho Public Utilties Commission at Boise, Idaho this J..)..rv
day of December 2011.
~~
MACK A. REDFMISSIONER
~¡j~
MARSHA H. SMITH, COMMISSIONER
ATTEST:
~~ ~&Aicr
Barbara Barows
Assistant Commission Secretar
O:PAC-E-II-12_np5_Interlocutory
ORDER NO. 32420 3