20130312notice_of_application_order_no_32761.pdf

Office of the Secretary
Serkice Date
March 12, 2013
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APP1,ICATION )
OF PACIFICORP DBA ROCKY MOUNTAIN ) CASE NO. PAC-E-13-04
POWER TO INITIATE DTSCUSSIONS WITH )
INTERESTED PARTIES ON ALTERNATIVE ) NOTICE OF APPLICATION
RATE PLAN PROPOSALS )
) NOTICEOF
) INTERVENTION DEADLINE
)
) ORDERNO. 32761
On March 1, 2013, PacifiCorp dba Rocky Mountain Power filed an Application
requesting that the Con~mission open a case "to identify interested parties that would like to
participate [in] settlement discussions" regarding alternatives to the Company filing a general
rate case. Application at 1. Accompanying the Application was Rocky Mountain's "Notice of
Intent" to file a general rate case. Rule 122 requires certain utilities to file a notice of intent at
least 60 days before filing a general rate case. IDAPA 31.01.01.122.01. The Company
acknowledges in its Notice that it cannot file a general rate case before May 31, 2013, and that
rates resulting from such rate case will not become effective until January 1, 2014. Notice at 1;
Order No. 32432 at 6.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that Rocky Mountain has expressed an interest in
exploring alternatives to filing a general rate case. The Company has had informal discussions
with several customer groups including the Idaho Irrigation Pumpers Association, Monsanto,
PacifiCorp Idaho Industrial Customers, and Commission Staff. The Company states that the
purpose of initiating discussions regarding possible altematives to a rate case is to "avoid the
necessity and associated expenses for all parties [by] avoiding a general rate case." Id at 2.
YOU ARE FURTHER NOTIFIED that the Company requests that the Commission
initiate a case, set a deadline for intervention, and establish a schedule for settlement conferences
to allow the parties to enter into settlement discussions pursuant to Rules 271-274. According to
Rule 272, settlement negotiations are confidential, unless all participants to the negotiation agree
to the contrary. IDAPA 3 1 .01.272.
NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
ORDER NO. 32761 1
Based upon our review of the Application and Staffs recommendation, the
Commission finds it reasonable to initiate a case so that parties can engage in settlement
discussions in an effort to avoid or narrow issues in a general rate case. Because the Company
has already had informal discussions with groups which normally appear in Rocky Mountain rate
cases, we find it is appropriate to grant intervention to the Idaho Irrigation Pumpers Association,
Monsanto, and PacifiCorp Idaho Industrial Customers. We find that intervention by these
entities would serve the purpose of intervention as described by Rule 74, IDAPA 3 1 .01.0 1.074.
These parties need not file Petitions to Intervene in this case.
NOTICE OF INTERVENTION DEADLINE
YOlJ ARE FURTHER NOTIFIED that persons other than those entities
mentioned in the preceding paragraph desiring to intervene in this matter for the purpose of
engaging in settlement negotiations must file a Petition to Intervene with the Commission
pursuant to this Commission's Rules of Procedure 72 and 73, IDAPA 3 1 .01.01.072 and -.073.
Persons intending to participate as parties in the settlement discussions must file a Petition to
Intervene within 14 days of the service date of this Order.
YOU ARE FFIIR'I'I-IER NOTIFIED that the following persons are designated as
Rocky Mountain's representatives in this matter:
Daniel Solander Ted Weston
Rocky Mountain Power Rocky Mountain Power
201 S. Main, Suite 2300 201 S. Main, Suite 2300
Salt Lake City, UT 841 1 Salt Lake City, UT 841 1
E-mail: daniel.soIander~~,pacificoip.com E-mail: ted.weston@pacifico~~.com - -
YOU ARE FlJK'I'IIER NO'TIFIED that once the deadline for intervention has passed,
the Commission Secretary shall prepare a Notice of Parties. Once the Notice of Parties is issued,
Staff counsel will convene an informal prehearing conference for the parties to establish a
schedule for settlement conferences and other issues.
YOU ARE FURTHER NOTIFIED that all hearings and prehearing conferences in
this matter will be held in facilities meeting the accessibility requirements of the Americans with
Disabilities Act (ADA). Persons needing the help of a sign language interpreter or other
assistance in order to participate in or to understand testimony and argument at a public hearing
may ask the Commission to provide a sign language interpreter or other assistance at the hearing.
NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADI,INE
ORDER NO. 3276 1 2
The request for assistance must be received at least five (5) working days before the hearing by
contacting the Commission Secretary at:
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
(208) 334-033 8 (Telephone)
[phone] (FAX)
E-Mail : secretary~,puc.idaho.gov
YOU ARE FURTHER NOTIFIED that Rule 276 provides that the Commission is not
bound by any settlement which may be reached by the parties. IDAPA 31.01.01.276. If a
settlement is reached, the Commission will "independently review any settlement proposed to it
to determine whether the settlement is just, fair and reasonable, in the public interest or otherwise
in accordance with law or regulatory policy." Id. The Commission may accept, reject or modify
any settlement. Moreover, the proponents of settlement carry the burden of showing that the
settlement is reasonable and in the public interest. Rule 275. When a settlement calls for
Commission action, the Commission will prescribe an appropriate procedure to examine the
proposed settlement. Rule 274.
YOIJ ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted in accordance with the Commission's Rules of Procedure, IDAPA 3 1.0 1.0 1.000 et
seq.
O R D E R
IT IS HEREBY ORDERED that persons desiring to intervene in this matter shall file
a Petition to Intervene within 14 days of the service date of this Order.
IT IS FURTHER ORDERED that intervention is hereby granted to Idaho Irrigations
Pumpers Association, Monsanto, and PacifiCorp Idaho Industrial Customers.
I'I' IS FURTIIER ORDERED that once the deadline for Petitions to Intervene has
passed, the Commission Secretary shall prepare and issue a Notice of Parties. Staff counsel shall
convene an informal prehearing conference so that the parties may discuss a schedule for
settlement conference and other preliminary matters.
NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
ORDER NO. 3276 1 3
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this /af'
day of March 20 13.
MACK REDFO OIV~MISSIONER
MARSHA H. SMITH, COMMISSIONER
ATTES'I':
commission Secretary
bls/O I'AC-E- 13-04 dh
NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
ORDER NO. 3276 1 4