20230505Final_Order_No_35772.pdf

ORDER NO. 35772 1
Office of the Secretary
Service Date
May 5, 2023
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF ROCKY MOUNTAIN
POWER’S APPLICATION FOR
AUTHORITY TO IMPLEMENT A
COMMERCIAL AND INDUSTRIAL
DEMAND RESPONSE PROGRAM
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CASE NO. PAC-E-22-13

ORDER NO. 35772

On August 25, 2022, PacifiCorp dba Rocky Mountain Power (“Company”) applied for
authority to start a “Class 1 commercial and industrial demand response program (“Wattsmart
Business Demand Response” or “Program”) under the existing Schedule 114 load management
tariff within the demand side management (“DSM”) portfolio” to be effective January 1, 2023.
Application at 1.
On March 31, 2023, the Commission issued its Final Order in this case instructing the
Company to submit a “compliance filing to include updates to the incentives offered, Program
equipment costs, and dispatch parameters in Schedule 114 and the flexible tariff.” Order No.
35724.
On April 17, 2023, the Company submitted its compliance filing. Staff reviewed the filing
and believed it was incongruent with Order No. 35724.
At the Commission’s May 2, 2023, Decision Meeting, Staff presented a Decision
Memorandum recommending the Commission reject the compliance filing due to the inclusion of
terms that were inconsistent with Order No. 35724.
Having reviewed the record in this case, including the Company’s April 17, 2023,
compliance filing and Staff’s May 2, 2022, Decision Memorandum, the Commission now issues
this Order rejecting the Company’s compliance filing for failure to adhere to the directives of
Order No. 35724.
COMMISSION DISCUSSION AND FINDINGS
The Company is an electric utility subject to the Commission’s regulatory authority under
the Public Utilities Law. Idaho Code §§ 61-119 and 61-129. The Company’s rates, charges,
classifications, and contracts for electric service in the State of Idaho are subject to the
Commission’s jurisdiction. The Commission has jurisdiction over this matter under Idaho Code
§§ 61-501, 61-502, and 61-503. The Commission is empowered to investigate rates, charges, rules,
ORDER NO. 35772 2
regulations, practices, and contracts of public utilities and to determine whether they are just,
reasonable, preferential, discriminatory, or in violation of any provision of law, and to fix the same
by order. Idaho Code §§ 61-502 and 61-503.
The Commission has reviewed Staff’s May 2, 2023, Decision Memorandum and the record
in this case and finds that the Company’s compliance filing has exceeded the scope of Order No.
35724; the Commission issues this Order rejecting the Company’s April 17, 2023, compliance
filing and directs it to correct these unauthorized extensions.
The Commission orders the Company to refile Schedule 114 to ensure that its values for
Maximum Dispatch Events precisely mirror those numbers allowed in Order No. 35724.
Accordingly, the Maximum Dispatch Event for the Real-Time and Advanced Notice programs
must be 50 and 25, respectively. Additionally, the Commission orders the Company to correct any
other deviation from Order No 35724.
The Commission understands the Company’s motivation for the changes discussed above.
To that end, the Commission notes that Order No. 35724 allows for a flexible tariff that can be
adjusted annually. Should the Company wish to implement changes to the Program, an annual
change to the flexible tariff is the proper avenue to pursue those aims. The Commission would be
willing to evaluate the pros and cons of changes to the Maximum Dispatch Event values at that
time. However, when dealing in matters within the Commission’s jurisdiction, the Commission
reiterates the need for Idaho public utilities to stay within the parameters of Commission Orders
concerning them.
ORDER
IT IS HEREBY ORDERED that the Company’s April 17, 2023, compliance filing is
rejected. The Commission orders the Company to submit a compliance filing that strictly follows
all imperatives and parameters outlined in Order No. 35724 as discussed above within five days
of the filing of this Order.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order regarding any matter
decided in this Order. Within seven (7) days after any person has petitioned for reconsideration,
any other person may cross-petition for reconsideration. Idaho Code § 61-626.

ORDER NO. 35772 3
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 5th day of
May 2023.

__________________________________________
ERIC ANDERSON, PRESIDENT

__________________________________________
JOHN R. HAMMOND JR., COMMISSIONER

__________________________________________
EDWARD LODGE, COMMISSIONER
ATTEST:

__________________________________
Jan Noriyuki
Commission Secretary

I:\Legal\ELECTRIC\PAC-E-22-13\orders\PACE2213_Final2_md.docx