20230103Decision Memo.pdf

DECISION MEMORANDUM 1
DECISION MEMORANDUM

TO: COMMISSIONER ANDERSON
COMMISSIONER CHATBURN
COMMISSIONER HAMMOND
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL

FROM: MICHAEL DUVAL
DAYN HARDIE
DEPUTY ATTORNEY GENERAL

DATE: JANUARY 3, 2023

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

On August 25, 2022, Rocky Mountain Power, a division of PacifiCorp (“Company”)
applied for authority to implement a Class 1 commercial and industrial demand response program
(“Program”). The Company requests that this Program be implemented under the existing
Schedule 114 load management flexible tariff within the demand side management portfolio. The
Company asks that the Application be processed by Modified Procedure with an effective date of
January 1, 2023.
On October 20, 2022, the Commission issued a Notice of Application, set an intervention
deadline, and suspended the proposed effective date until February 15, 2023. Order No. 35568. P4
Production, L.L.C., an affiliate of Bayer Corporation (“Bayer”), and Idaho Irrigation Pumpers
Association, Inc. (“IIPA”) (collectively the “Parties”) intervened.
On December 8, 2022, the Commission issued a Notice of Modified Procedure establishing
public comment and Company reply deadlines. Order No. 35616.
Throughout discovery, the Company has provided Staff new data specific to Idaho which
will take Staff additional time to process. To give Staff adequate time to review the Idaho-specific
data, work with the Company to determine the relevant information necessary, and make its
subsequent recommendation, Staff recommends the Commission (1) vacate the comment
deadlines established in Order No. 35616 and issue new comment deadlines; and (2) modify the
DECISION MEMORANDUM 2
suspension of proposed effective date. The Company and Bayer support modifying the deadlines
as proposed by Staff.1
STAFF RECOMMENDATION
Staff recommends the Commission (1) issue a Notice of Amended Comment Deadlines
vacating the existing comment deadlines and establishing a February 23, 2023, public comment
deadline and a March 9, 2023, reply comment deadline; and (2) issue an Amended Notice of
Suspension of Proposed Effective Date suspending the proposed effective date until April 1, 2023.
COMMISSION DECISION
Does the Commission wish to issue (1) a Notice of Amended Comment Deadlines vacating
the existing comment deadlines and establishing a February 23, 2023, public comment deadline
and a March 9, 2023, reply comment deadline; and (2) an Amended Notice of Suspension of
Proposed Effective Date suspending the proposed effective date until April 1, 2023?

______________________________
Dayn Hardie
Deputy Attorney General

I:\Legal\ELECTRIC\PAC-E-22-13 Bus Demand Resp\memos\PACE2213_dec3_dh.docx

1 IIPA did not respond to Staff’s email asking to confirm the new schedule works for it.