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HomeMy WebLinkAbout20151027notice_of_proposed_settlement_order_no_33403.pdfOffice of the Secretary Service Date October 27,2015 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF PACIFICORP DBA ) ROCKY MOUNTAIN POWER’S )CASE NO.PAC-E-15-09 APPLICATION TO MODIFY THE ENERGY ) COST ADJUSTMENT MECHANISM AND )NOTICE OF PROPOSED INCREASE RATES )SETTLEMENT STIPULATION ) )NOTICE OF )MODIFIED PROCEDURE ) )NOTICE OF SCHEDULE ) _____________________________ )ORDER NO.33403 On May 27,2015,PacifiCorp dba Rocky Mountain Power submitted an Application seeking a Commission Order authorizing the Company to:(1)increase rates by $10.2 million,or 3.9%on average,effective January 1,2016,as summarized in the electric service schedules attached to the Company’s Application;and (2)modify the Energy Cost Adjustment Mechanism (“ECAM”).Rocky Mountain requests that the Commission process its Application through Modified Procedure. On June 11,2015,the Commission issued an Order granting Petitions to Intervene filed by Monsanto Company (“Monsanto”)and PacifiCorp Idaho Industrial Customers (“PIIC”). See Order No.33321.On July 1,2015,the Commission issued an Order granting the Petition to Intervene filed by Idaho Irrigation Pumpers Association,Inc.(“IIPA”).See Order No.33333. On July 15,2015,the Commission issued a Notice of Modified Procedure,Notice of Schedule and Settlement Conference.See Order No.33339. On August 11,2015,a settlement conference,attended by representatives of the Company,Commission Staff (“Staff’),Monsanto and PIIC,hereafter collectively referred to as “the Parties,”was held at the Commission.Subsequently,the Parties agreed to an outline for a proposed settlement agreement.The Parties continued their negotiations and they ultimately resulted in a Stipulated Settlement Agreement (“Stipulation”),purporting to resolve all of the outstanding issues in this case,signed by the Parties. NOTICE OF PROPOSED SETTLEMENT STIPULATION NOTICE OF MODIFIED PROCEDURE NOTICE OF SCHEDULE ORDER NO.33403 NOTICE OF PROPOSED SETTLEMENT STIPULATION YOU ARE HEREBY NOTIFIED that the following is a summary of the relevant terms of the Parties’Stipulation: 1.The Parties agree that Idaho retail revenues should increase by $10.2 million (3.9%)effective January 1,2016.The Parties further agree this increase will apply to all rate schedules as set forth in Exhibits 4 and 6 to the Company’s Application and as set forth in the tariff sheets provided in Exhibit 7 and attached to the Stipulation. 2.The Parties agree that the $10.2 million increase above current base rates using 2014 loads will consist of:(a)a $3.2 million increase after removing Deer Creek depreciation/depletion expense from NPC currently approved in base rates,increasing the Idaho allocated base NPC to $94.8 million with Idaho base energy at meter of 3,483,480 megawatt hours,or $27.21 per megawatt-hour,(b)a $6.5 million increase associated with a reduction of the revenue credit from the sale of renewable energy certificates (“REC5”)which establishes Idaho’s allocated RECs base at $0.3 million, (c)a $0.2 million change in tax affected production tax credits (“PTCs”), establishing an Idaho allocated base of $6.9 million,and (d)$0.3 million incremental increase in exchange for the Company agreeing not to file a general rate case with rates effective prior to January 1,2018. 3.The Parties agree that base rates and base NPC should be updated effective January 1,2017.The updated base NPC will be the amount reported in the 2015 annual results of operations report,after appropriate pro forma adjustments for weather and abnormal power supply expenses. For the rate spread and rate design of the update to base rates,the Company will use an equal cents per kWh approach.Rocky Mountain Power agrees to file an application for review by interested parties and for approval by the Commission no later than September 1,2016,proposing the change to base rates,the NPC from the 2015 annual results of operations report,the associated rate change and spread to customer classes,and updated electric service schedules. 4.With the exception of the application to change base rates and base NPC as set forth in the previous paragraph,Rocky Mountain Power agrees that it will not file another application to increase base rates prior to June 1, 2017,with rates effective on or after January 1,2018.The Parties agree that the base rates established by this Stipulation will,in conjunction with the ECAM,result in reasonable rates for the period January 1,2016 through December 31,2017 (the “Stay-out Period”).During the Stay-out Period the Parties will not request the establishment of new regulatory assets or liabilities,which have not been previously approved by the NOTICE OF PROPOSED SETTLEMENT STIPULATION NOTICE OF MODIFIED PROCEDURE NOTICE OF SCHEDULE ORDER NO.33403 2 Commission,except under unique or unforeseen circumstances. Unforeseen circumstances include natural disasters or emergencies. 5.The Parties agree to modify the current ECAM for deferrals on and after January 1,2016,to reflect that the ECAM will be measured on a dollar per megawatt-hour basis using load at the meter rather than the load at the generator and that base rate recovery will be calculated using annualized NPC embedded in base rates. 6.The Parties agree that 100%of the amortization expense associated with the unrecovered Deer Creek mine investment will be recovered through the ECAM as a separate line item,without application of the sharing band, until fully amortized.Starting January 1,2015,the ECAM will separate the $1.385 billion ($87,555,188 Idaho Jurisdiction)base NPC into two separate amounts:(1)base system NPC of $1,374,697,487 ($86,901,906 Idaho jurisdiction),and (2)base system Deer Creek depreciationldepletion expense of $10,302,513 ($653,282 Idaho jurisdiction).This will allow a separate Deer Creek depreciation expense ECAM deferral of approximately $0.6 million for unrecovered Deer Creek mining investment by subtracting $653,282 in base Deer Creek depreciation/depletion expense from actual Deer Creek amortization of approximately $1.3 million.Beginning January 1,2016,neither base NPC nor base rates will include Deer Creek depreciation expense and the entire Idaho allocated Deer Creek amortization expense of approximately $1.3 million will be deferred and recovered through the ECAM. 7.The Parties agree that PTCs will be tracked and trued-up in the ECAM, without application of the sharing band,beginning January 1,2016.The base PTCs are set at a tax affected total Company level of $115.7 million, $6.9 million Idaho allocated. 8.The Parties agree that the Customer/Company sharing band in the ECAM will remain at 90/10%respectively for all ECAM components with the exception of:PTCs,amortization of the unrecovered Deer Creek mine investment,RECs and the Lake Side 2 resource adder,which are excluded from the sharing band. 9.The Parties agree that the load change adjustment rate (“LCAR”)will be updated to reflect base loads (at sales)corresponding to the period used to set base rates.The 2016 LCAR is summarized in the following table: NOTICE OF PROPOSED SETTLEMENT STIPULATION NOTICE OF MODIFIED PROCEDURE NOTICE OF SCHEDULE ORDER NO.33403 3 LOAD CHANGE ADJUSTMENT RATE CALCULATION PAC-E-10-07 PAC-E-15-09 Description Current Amount Update Amount 1.Production -Return on Investment 833,083,414 833,083,414 2.Production -Expense 2,173,162,370 2,173,162,370 3.Production -NPC Expenses Production Revenue (1,748,001,871)(1,748,001,871) 4.Requirement (Excluding NPC)1,258,243,913 1,258,243,913 5.System Load 57,460,901 57,460,901 6.Production $per MWH 21.90 20.89 7,Energy %(Demand &Energy)25%25% 8.5.47 5.22 9. 10.Idaho Energy @ Input 3,691,675 3,786,584 1 1.Idaho Production RR 20,193,462 19,776,001 12.Idaho Energy Meter 3,328,058 3,483,480 13.LCAR Meter 6.07 5.68 10.The Parties agree that effective January 1,2016,S02 revenues and demand side management costs will no longer be tracked in the ECAM. 11.The Parties agree that the 2016 ECAM Deferral Period will include 13 months (December 1,2015 to December 31,2016),and that all subsequent ECAM filings will be based on calendar year deferrals. 12.The Parties agree that the Company’s ECAM applications will be filed annually on April 1,with a rate effective date of June 1,beginning April 1, 2017. 13.The Company and Monsanto agree to extend the current terms of the existing Electric Service Agreement governing curtailment products and payments through December 31,2017.An executed copy of the contract will be provided separately to the Commission for approval. YOU ARE FURTHER NOTIFIED that the Stipulation acknowledges that the obligations of the Parties are subject to the Commission’s approval of the terms and conditions of the Stipulation and,if any judicial review is sought,upon such approval being upheld on appeal by a court of competent jurisdiction. NOTICE OF PROPOSED SETTLEMENT STIPULATION NOTICE OF MODIFIED PROCEDURE NOTICE OF SCHEDULE ORDER NO.33403 4 YOU ARE FURTHER NOTIFIED that the Stipulation and the Company’s Application,Case No.PAC-E-15-09,have been filed with the Commission and are available for public inspection during regular business hours at the Commission offices,472 W.Washington Street,Boise,Idaho.The Stipulation and the Company’s Application may also be viewed on the Commission’s web site at www.puc.idaho.ov.Click on the “File Room”tab at the top of the page,scroll down to “Open Electric Cases,”and then click on the case number as shown on the front of this document. YOU ARE FURTHER NOTIFIED that the Commission is not bound by any settlement reached by the Parties.The Commission will independently review any proposed settlement to determine whether the settlement is just,fair and reasonable,and in the public interest,or otherwise in accordance with law or regulatory policy.The Commission may accept the settlement,reject the settlement,or state additional conditions under which the settlement will be accepted.IDAPA 31.0l.01.274-.276. NOTICE OF MODIFIED PROCEDURE YOU ARE HEREBY NOTIFIED that the Commission has determined that the public interest may not require a formal hearing in this matter and will proceed under Modified Procedure pursuant to Rules 201 through 204 of the Idaho Public Utilities Commission’s Rules of Procedure,IDAPA 31.01.01.201 through .204.The Commission notes that Modified Procedure and written comments have proven to be an effective means for obtaining public input and participation. YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this Application may file a written comment in support or opposition with the Commission no later than November 6,2015.The comment must contain a statement of reasons supporting the comment.Persons desiring a hearing must specifically request a hearing in their written comments.Written comments concerning this Application shall be mailed to the Commission and Rocky Mountain at the addresses reflected below: NOTICE OF PROPOSED SETTLEMENT STIPULATION NOTICE OF MODIFIED PROCEDURE NOTICE OF SCHEDULE ORDER NO.33403 5 Commission Secretary Ted Weston Idaho Public Utilities Commission Rocky Mountain Power P0 Box 83720 1407 West North Temple.Suite 330 Boise,ID 83720-0074 Salt Lake City,UT 84116 E-Mail: Street Address for Express Mail: Yvonne R.Hogle 472 W.Washington St.Assistant General Counsel Boise.ID 83702-5918 1407 West North Temple,Suite 330 Salt Lake City,UT 84116 E-Mail: These comments should contain the case caption and case number shown on the first page of this document.Persons desiring to submit comments via e-mail may do so by accessing the Commission’s home page located at pçjçjho1gov,Click the “Case Comment or Question Form”under the Consumers”tab,and complete the form using the case number as it appears on the front of this document.These comments must also be sent to the Company at the e-mail addresses listed above. YOU ARE FURTHER NOTIFIED that if no written comments or protests are received within the time limit set.the Commission will consider this matter on its merits and enter its Order without a formal hearing.If written comments are received within the time limit set,the Commission will consider them and,in its discretion,may set the same for formal hearing. YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant to the Commission’s jurisdiction under Title 61 of the Idaho Code.The Commission may enter any final Order consistent with its authority under Title 61. YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted pursuant to the Commission’s Rules of Procedure,IDAPA 31.01.01.000 et seq. NOTICE OF SCHEDULE YOU ARE FURTHER NOTIFIED that the following schedule for the filing of testimony or comments,pursuant to Rules 231,266 and 267 of the Commission’s Rules of Procedure (IDAP.A 31.01.01.231 and .266-267),regarding the proposed Stipulation is established: NOTICE OF PROPOSED SETTLEMENT STIPULATION NOTICE OF MODIFIED PROCEDURE NOTICE OF SChEDULE ORDER NO.33403 6 1.Deadline for filing testimony/comments in support of/opposition to the Proposed Settlement —November 6,2015 2.Deadline for the Company to file rebuttal testimony (if necessary)— November 13,2015 ORDER IT IS HEREBY ORDERED that the Parties’Stipulation will be processed under Modified Procedure.Persons interested in submitting written testimony or comments regarding this case or protesting the use of Modified Procedure should do so no later than November 6, 2015. DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this day of October 2015. ATTEST: O:PAC-E-I 5-09np3 NOTICE OF PROPOSED SETTLEMENT STIPULATION NOTICE OF MODIFIED PROCEDURE NOTICE OF SCHEDULE ORDER NO.33403 / PAUL 1.JELLi\’ll)II.PRFSI1)LNT MARSHA H.SMITH,COMMISSIONER 4;£PA KR INE RAPER,CO MISSIONER 7