20131031Application.pdf

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201 South Main, Suite 2300
Salt Lake City, Utah 84111
October 31,2013
VIA OVERNIGHT DELIWRY
Jean D. Jewell
Commission Secretary
Idaho Public Utilities Commission
472W. Washington
Boise,lD 83702
Attention: Jean D. Jewell
Commission Secretary
RE: CASE NO. PAC-E-13-14
IN THE MATTER OF THE APPLICATION OF PACIFICORP DBA ROCKY
MOUNTAIN POWER FOR APPROVAL OF AN ELECTRIC SERVICE AGREEMENT
WITH MONSANTO COMPANY
Pursuant to Order No. 32910 please find enclosed the original and seven (7) copies of
PacifiCorp's, dba Rocky Mountain Power, Application requesting approval of the Electric
Service Agreement entered into between Rocky Mountain Power and Monsanto Company.
The executed Electric Service Agreement is provided as a Confidential Attachment to this
Application. This Confidential Attachment is not intended for public review and should not be
posted on the Commission's website
Please contact J. Ted Weston at [phone] if you have any further questions.
Very Truly Yours,
WY:r"!w*^tv3
Vice President of Regulation & Government Affairs
Rocky Mountain Power
Enclosures
Mark C. Moench (ISB# 8942)
Daniel E. Solander (ISB# 8930)
201 S. Main, Suite 2300
Salt Lake City, UT 84111
Telephone (801 ) 220-4014
Fax: [phone]
mark. mo en ch@p acifrcorp. c om
daniel. solander@pacifi corp. com
Attomeys for Rocky Mountain Power
BEFORE THE IDAHO PUBLIC
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UTILITIES COMMISSION
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IN THE MATTER OF THE APPLICATION
OF PACIFICORP DBA ROCKY MOUNTAIN
POWER FOR APPROVAL OF AN ELECTRIC
SERVICE AGREEMENT WITH MONSANTO
COMPANY
CASE NO. PAC.E.13.14
APPLICATION
COMES NOW, PacifiCorp, dlbla Rocky Mountain Power ("Rocky Mountain
Power"), and pursuant to RP 53 and Order No. 32910, hereby respectfully applies to the
Idaho Public Utilities Commission (the "Commission") for an Order approving the
Electric Service Agreement entered into between Rocky Mountain Power and Monsanto
Company (o'Monsanto") (the "ESA"). According to its terms, the ESA will become
effective January 1,2014, the date the current electric service agreement will expire. In
support of its application, Rocky Mountain Power states as follows:
1. PacifiCorp, an Oregon corporation, is an electrical corporation and public utility
doing business as Rocky Mountain Power in the state of Idaho and is subject to the
jurisdiction of the Commission with regard to its public utility operations. PacifiCorp
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also provides retail electric service in the states of Utah, Oregon, Wyoming, Washington,
and California.
2. As part of the Stipulation in Case No. PAC-E-I3-04 Monsanto and the Company,
after engaging in discussions and negotiations, agreed to extend Monsanto's current
curtailment terms and valuation for trryo additional years to align the contract with the rate
plan.
3. Monsanto and Rocky Mountain Power executed the ESA pursuant to the terms of
the Stipulation, and filed it with the Commission on August 16,2013.
4. The Commission's orderr noted that the ESA had been executed and filed, but did
not accept or approve the ESA reserving approval of the substance and merits of the
agreement until it was submitted in a separate docket. Accordingly, the Company is
making the current Application for approval of the ESA, which as noted above, will
become effective January 1,2014, if approved by the Commission.
5. Provided as Confidential Attachment I to this Application is a copy of the
executed ESA between the Company and Monsanto. The Company and Monsanto agreed
that the existing ESA which currently expires December 31,2013, shall be amended to
include a new Section 4.4 and read as follows:
4.4 Interruptible Credit Annual True-up: Beginning January 1,2014,
in the event Measured Demand in any billing period in any Calendar Year is less
than 162 megawatts, the following calculation shall occur and shall be reflected
on the Billing Period immediately following the Calendar Year in question:
4.4.1 If the average of the 12 months of Measured Demands for the
Calendar Year in question is equal to or greater than 171 megawatts (the sum of 9
t Order No. 32910.
megawatts and 162 megawatts), a credit will be provided to Monsanto to reflect
the difference between a total Intemrptible Credit amount based on 162
megawatts of Measured Demand for each Billing Period in the Calendar Year in
question and the actual total Intemrptible Credit amount paid in the Calendar Year
in question. A $50,000 credit shall be added to the true-up in 2014 and 2015.
4.4.2 If the average of the 12 months of Measured Demands for the
Calendar Year in question is less than 171 megawatts (the sum of 9 megawatts
and 162 megawatts), then no adjustment shall be made, except for the credit of
$50,000 referenced in 4.4.1.
4.4.3 This section 4.4 is intended to reflect a compromise of positions by
Monsanto and Rocky Mountain Power and will not be deemed to set any
precedent or interpretation that is counter to the Commission Order Nos.32424
and32432.
6. As part of the Stipulation Monsanto waived any right to claim any true-up of
Intemrptible Credit for any billing periods prior to January I,2014, for months in which
the Meastred Demand was below 162 megawatts.
7. The new ESA is effective January 1,2014, with an initial term through December
31,2015. The new ESA was executed by Monsanto and Rocky Mountain Power on June
10, 2013 subject to final approval by the Commission.
8. Section 4.1 of the ESA was amended to reflect the uniform percentage increase of
0.77% to the energy component of rates that the Parties to the Stipulation agreed was fair,
just, reasonable and in the public interest.
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9. Rocky Mountain Power believes that consideration of the proposals contained in
this Application does not require an evidentiary proceeding, and accordingly the
Company requests that this Application be processed under RP 201 allowing for
consideration of issues under Modified Procedure, i.e., by written submissions rather than
by an evidentiary hearing.
CONCLUSION
WHEREFORE, Rocky Mountain Power respectfully requests that this
Application be processed under Modified Procedure and that the Commission issue a
final order approving the Company's proposed electric service agreement with Monsanto,
effective January l, 2014.
DATED this 31't day of October 2013
Respectfully submitted,
Mark C. Moench
Daniel E. Solander
Attorneys for Roclcy Mountain Power
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Daniel E. Solander
Rocky Mountain Power
201 South Main Street, Suite 2300
Salt Lake city, Utah 841I I
Telephone: [phone]
Email : mark.moench@f acifi corp.com
daniel. solander@pacifi com. com
Attorneysfor RoclE Mountqin Power
IN THE MATTER OF THE APPLICATION )
OF PACIFICORP DBA ROCKY MOI]NTAIN )
POWER FOR APPROVAL OF AN ELECTRTC )
SERVICE AGREEMENT WITH MONSANTO )
COMPANY
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASE NO. PAC.E.13.I4
ATTORNEY'S CLAIM OF
CONFIDENTIALITY)
)
)
)
I, Daniel E. Solander, represent Rocky Mountain Power in the above captioned
matter. I am Senior Counsel for Rocky Mountain Power and am appearing on its behalf in
this proceeding.
I make this certification and claim of confidentiality regarding the electric service
agreement between Rocky Mountain Power and Monsanto. The terms of the agteement are
confidential pursuant to IDAPA 31.01.01 because it contains certain information that is
Confidential and constitutes Trade Secrets as defined by Idaho Code Section 9-340 and 48-
801 and protected under IDAPA 31.01.01.067 and 31.01.01.233.
Rocky Mountain Power herein asserts that the aforementioned agreement is
confidential in that the information contains commercially sensitive pricing information.
Disclosing this information could give entities access to competitive information Rocky
Mountain Power believes could be used to disadvantage it and its customers.
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I am of the opinion that this information is "Confidential,' as defined by Idaho Code
Section 9-340 and 48-801, and should therefore be protected from public inspection,
examination and copying.
DATED this 31s day of October 2013.
Respectfully submitted,
aaltur^
Daniel E. Solander
Attorney for Rocky Mountain Power
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CONFIDENTIAL ATTACHMENT
ELECTRIC SERVICE AGREEMENT