20220422Order_No_35380.pdf

ORDER NO. 35380 1

Office of the Secretary
Service Date
April 22, 2022
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

On February 22, 2022, Rocky Mountain Power, a division of PacifiCorp (“Company”),
applied to the Commission for authorization to update Electric Service Regulation No. 13,
Curtailment Plan for Electric Energy (“Curtailment Plan”). Application at 1. The Company
requested its Application be processed by Modified Procedure with a June 1, 2022, effective date.
On March 10, 2022, the Commission issued Notice of Application and Notice of
Modified Procedure and set an April 27, 2022, public comment deadline and a May 4, 2022,
Company reply deadline.
On April 19, 2022, Staff presented a memo recommending that the Application be
processed by Modified Procedure but asking if the Commission “wish[ed] to hold a telephonic
customer hearing pursuant to Idaho Code § 61-532.”
COMMISSION DECISION
Idaho Code § 61-532 requires the Commission to act upon curtailment plans submitted
by utilities by either adopting or rejecting the plans, “after notice and hearing pursuant to its rules
of practice and procedure . . . .”
Rules 201-204 (IDAPA 31.01.01.201-.204) of the Commission’s Rules of Procedure
outline the scope and practice of Modified Procedure. Specifically, Rule 203 allows any person to
request a hearing in his or her written comments. Rule 204 provides that if any comments, protests,
supports, or a reply are filed within the modified procedure deadline, the Commission may
consider them and decide whether to set the matter for hearing.
The Commission notes the absence of any language in Idaho Code § 61-532
mandating a hearing and the statutory language allowing for “notice and hearing” pursuant to the
Commission’s “rules of practice and procedure.” The Commission has found that Modified
Procedure and written comments have proven to be an effective means for obtaining public input
and participation. Accordingly, the Commission finds that processing this case by Modified
IN THE MATTER OF ROCKY MOUNTAIN
POWER’S APPLICATION TO UPDATE
ELECTRICAL SERVICE REGULATION NO.
13 – CURTAILMENT PLAN FOR ELECTRIC
ENERGY
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CASE NO. PAC-E-22-04

ORDER NO. 35380
ORDER NO. 35380 2

Procedure with an April 27, 2022, public comment deadline and a May 4, 2022, Company reply
deadline provides adequate opportunity for any interested party, member of the public, and the
Commission to fully participate in the case.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 22nd day
of April 2022.

ERIC ANDERSON, PRESIDENT

JOHN CHATBURN, COMMISSIONER

JOHN R. HAMMOND JR., COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\ELECTRIC\PAC-E-22-04 Curtailment\orders\PACE2204_hearing_order_rn.docx