20130208Stipulation.pdf

ROCKY MOUNTAIN
POWER
A DIVISION OF PACIFICORP
February 8, 2013
VIA OVERNIGHT DELIVERY
RECEIVED
ZOU FEB -8 AM jQ: 58
IDAHO UBi
UTILITIES COMMiSIO
201 South Main, Suite 2300
Salt Lake City, Utah 84111
Jean D. Jewell
Commission Secretary
Idaho Public Utilities Commission
472 W. Washington
Boise, ID 83702
RE: CASE NO. PAC-E-12-14
IN THE MATTER OF THE APPLICATION OF ROCKY MOUNTAIN POWER
FOR AUTHORITY TO CANCEL ELECTRIC SERVICE SCHEDULE NOS. 72
AND 72A IRRIGATION LOAD CONTROL TARIFFS AND APPROVE A NEW
DEMAND SIDE MANAGEMENT CONTRACT
Dear Ms. Jewell
Enclosed for filing please find the original and seven (7) copies of the Stipulation entered into by
and between Rocky Mountain Power and the Idaho Irrigation Pumpers Association Inc.
Please direct any informal inquiries to Ted Weston, Idaho Regulatory Manager, at (801) 220-
2963.
Sincerely,
ffrey K. Larsen
Vice President of Regulation and Government Affairs
Rocky Mountain Power
CERTIFICATE OF SERVICE
I hereby certify that on this February 8, 2013, I caused to be served, via e-mail, a true and
correct copy of the foregoing document in PAC-E-12-14 to the following:
Eric L. Olsen Randall C. Budge
Racine, Olson, Nye, Budge & Bailey, Racine, Olson, Nye, Budge & Bailey,
Chartered Chartered
201 E. Center 201 E. Center
P.O. Box 1391 P.O. Box 1391
Pocatello, ID 83204-1391 Pocatello, ID 83204-1391
E-Mail: [e-mail] E-Mail: [e-mail]
Karl Klein Benjamin J. Otto
Deputy Attorney General Idaho Conservation League
Idaho Public Utilities Commission 710 N. 6th St.
472 W Washington (83702) P.0. Box 844
P0 Box 83720 Boise, Idaho 83702
Boise, ID 83720-0074 E-mail: botto(idahoconservation.org
E-Mail: karl.klein(,puc.idaho.gov
Anthony Yankel Brubaker & Associates
29814 Lake Road 16690 Swingley Ridge Rd., 4140
Bay Village, Ohio 44140 Chesterfield, MO 63017
E-mail: [e-mail] E-Mail: [e-mail]
James R. Smith (E-mail) Daniel E. Solander
Monsanto Company PacifiCorp/ dba Rocky Mountain Power
P.O. Box 816 201 S. Main Street, Suite 2300
Soda Springs, Idaho 83276 Salt Lake City, UT 84111
E-Mail: j im.r. [e-mail] [e-mail]
Data Request Response Center (E-mail)
PacifiCorp
825 NE Multnomah, Suite 2000
Portland, OR 97232
[e-mail]
Ted Weston
PacifiCorp/ dba Rocky Mountain Power
201 S. Main Street, Suite 2300
Salt Lake City, UT 84111
[e-mail]
'Al~
Amy Eissler
Coordinator, Regulatory Operations
Mark C. Moench (ISB# 8946)
Daniel E. Solander (ISB# 893 1)
Rocky Mountain Power
201 South Main, Suite 2300
Salt Lake City, Utah 84111
[phone]
dathel.solander(oacificoro.com
RECEIVED
2013 FEB -8 AM I I 01
IDAHO PL UTILITIES COM.MISSIU
Attorneys for Rocky Mountain Power
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF ROCKY MOUNTAIN POWER FOR ) CASE NO. PAC-E-12-14
AUTHORITY TO CANCEL ELECTRIC )
SERVICE SCHEDULE NOS. 72 AND 72A ) STIPULATION
IRRIGATION LOAD CONTROL TARIFFS )
AND APPROVE A NEW DEMAND SIDE )
MANAGEMENT CONTRACT I
This stipulation ("Stipulation") is entered into by and among Rocky Mountain Power, a division
of PacifiCorp ("Rocky Mountain Power" or the "Company") and the Idaho Irrigation Pumpers
Association, Inc. (collectively the "Parties").
I.INTRODUCTION
1. 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
in this proceeding and that this Stipulation is in the public interest. The Parties, therefore,
recommend that the Idaho Public Utilities Commission ("Commission") approve the Stipulation
and all of its terms and conditions. See IDAPA 31.01.01.271, 272, and 274.
II.BACKGROUND
2. On December 7, 2012 Rocky Mountain Power filed an Application seeking
authority to cancel Electric Service Schedule No. 72, Irrigation Load Control Credit Rider, and
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Electric Service Schedule No. 72A, Dispatchable Irrigation Load Control Credit Rider Program
and request approval of a demand-side management contract with EnerNoc (the "Contract") for
the delivery of Idaho irrigation load control program.
3.With a view toward resolving the issues raised in Rocky Mountain Power's
Application in this proceeding, representatives of the Parties have held discussions on multiple
occasions pursuant to IDAPA 31.01.01.271 and 272, to engage in the review and assessment of
the Contract, EnerNoc's operation of Idaho irrigation load control program under the Contract
and settlement discussions related thereto. Based upon the review and assessment and settlement
discussions between the Parties, as a compromise of the positions in this proceeding, and for
other consideration as set forth below, the Parties agree to the following terms:
III. TERMS OF THE STIPULATION
4.The Parties agree that Rocky Mountain Power will amend its agreement with
EnerNoc as follows:
1)Insert the word "day" into the definition of Available Load Reduction to read Available Load
Reduction" means the Actual Electric Demand for each Participating Facility in a 5-minute
interval during Program Availability Hours in a Capacity Delivery Day. For each 5-minute
interval during a Program Event day the Facility Baseline Demand shall be used
This provision enables EnerNoc to exempt the hours during a Capacity Delivery Day from the
determination of available load.
2)Change the second paragraph of Section 3 to read: For each Participating Facility, the "Facility
Baseline Demand" for all intervals during a Capacity Delivery Day that includes a Program
Event shall be determined as the average Actual Electric Demand during Program Availability
Hours during the most recent Capacity Delivery Day that does not include a Program Event.
Notwithstanding the foregoing, in the event that a Participating Facility utilizes Legacy Irrigation
Load Control Equipment, Facility Baseline Demand shall be determined as the average
Estimated Load Value during Program Availability Hours during the most recent Capacity
Delivery Day that does not include a Program Event.
This provision changes the calculation of the Baseline Demand to include all program available
hours in the day prior to the Capacity Delivery Day rather than the 60 - minute period currently
in the agreement.
3)Add a new Section 9.5 to read: Seller will use reasonable efforts to ensure that Eligible facilities
of similar size, operations and ability to participate are treated in a fair and consistent manner
with respect to Program participation.
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This provision contractually conveys PacifiCorp's obligation to EnerNoc
5.The Parties agree that in the event an issue arises between a customer and
EnerNoc, and such issue has not been resolved by EnerNoc, the customer may direct the issue to
Rocky Mountain Power's irrigation hotline. In the event the Company is unable to resolve the
issue to the customer's satisfaction, the customer may elect to contact the Idaho Public Utilities
Commission, which will have jurisdiction to address and/or resolve the dispute.
6.The Parties agree that the Company will provide information relative to the
performance of the program annually to the Commission and to interested parties as part of its
annual demand-side management report, currently due on or before April 30th of each year. The
performance information will include but not be limited to data regarding (1) the number of
participants, (2) number of participating sites, (3) average load available for curtailment by week,
(4) curtailment dates and (5) load reduction during curtailments.
IV. General Provisions
7.The Parties agree that this Stipulation represents a compromise of the positions of
the Parties on all issues in this proceeding. Other than the above referenced positions, 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.
8.The Parties submit this Stipulation to the Commission and recommend approval
of the Company's Application modified to include these specified terms pursuant to IDAPA
31.01.01.274. The Parties shall support this Stipulation before the Commission, and no 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
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Stipulation agree that they will continue to support the Commission's adoption of the terms of
this Stipulation.
9.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 from 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, file testimony as it chooses, cross-
examine witnesses, and do all other things necessary to put on such case as it deems appropriate.
10.The Parties agree that this Stipulation is in the public interest and that all of its
terms and conditions are fair, just and reasonable.
11.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 of fact
or conclusions of law other than those stated herein shall be deemed to be implicit in this
Stipulation.
12.The obligations of the Parties under this Stipulation are subject to the
Commission's 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.
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Respecthilly submitted th1S1JaY of February, 2013.
Rocky Mountain Power Idaho Irrigation Pumpers Association,
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