20230502Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER ANDERSON
COMMISSIONER HAMMOND
COMMISSIONER LODGE
COMMISSION SECRETARY
LEGAL
FROM:MICHAEL DUVAL
RICHARD KELLER
DATE:MAY 2,2023
RE: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.
BACKGROUND
On August 25,2022,Rocky Mountain Power,a division of PacifiCorp ("Company")
applied for authorityto implement a Class l Commercial and Industrial Demand Response
("CIDR")program.The Company requested this program be implemented under the existing
Schedule 114 load management flexible tariff within the Demand Side Management("DSM")
portfolio.
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.
On December 8,2022,the Commission issued a Notice of Modified Procedure
establishing public comment and Company reply deadlines.Order No.35616.
At the Commission's January 3,2023,Decision Meeting,Commission Staff("Staff")
conveyed to the Commission that,through discovery,the Company provided Staff new data-
specific to Idaho-which took Staffadditional time to process.Staff recommended the
Commission (1)vacate the comment deadlines established in Order No.35616 and issue new
comment deadlines;and (2)modify the suspension of proposed effective date.The Company
and intervenors supported modifying the deadlines.
DECISION MEMORANDUM -!-MAY 2,2023
On January 1l,2023,the Commission issued Order No.35662 amending the comment
deadlines and extended the effective date to April 1,2023.
On March 31,2023,the Commission issued Order No.35724,approving the Company's
Application with certain modifications.In its Order,the Commission directed the Company to
submit a compliance filing to include updates to the incentives offered,program equipment
costs,and dispatch parameters in Schedule 114.
On April 17,2023,the Company submitted a Compliance Filing in response to Order
No.35724.This memo addresses Staff's review of the filing.
STAFF REVIEW
Staff reviewed the Company's April 17,2023,Compliance Filing and revised tariff.
Staff recommends the Commission reject the submitted Compliance Filing and direct the
Company to resubmit the filing specific to the limitations of Commission Order No.35724.
Staff believes the Compliance Filing oversteps Commission Order No.35724 by making
modifications to Schedule 114 beyond those directed by the Commission.Staff discovered that
values for "Maximum Dispatch Events"in both the Real-Time and Advance Notice programs in
the Compliance Filing differ from those that were accepted by the Commission as contained in
the Company's Application.
The Company modified the "Maximum Dispatch Events"for both the Real-Time
program from 50 to 75 and the Advance Notice program from 25 to 50 in Schedule l14 of the
tariffs included in the Compliance Filing.These changes were never previously provided in the
Company's filed documents and are modifications beyond those ordered by the Commission.
Order No.35724 at 8-10.
Staff believes including additional changes in a compliance filing not ordered by the
Commission after all testimony and/or comments have been fully submitted and after the
Commission has deliberated and issues a final order subverts the Commission's process.
STAFF RECOMMENDATION
Staff recommends the Commission (1)reject the Compliance Filing for the load
management flexible tariff submitted by the Company on April 17,2023;(2)remind the
Company not to make changes to a compliance filing beyond those directed by the Commission;
DECISION MEMORANDUM -2 -MAY 2,2023
and (3)direct the Company to resubmit the Compliance Filing using "Maximum Dispatch
Events"consistent with the Company's Application.
COMMISSION DECISION
Does the Commission wish to reject the compliance filing and tariff submitted by the
Company on April 17,2023,due to its inconsistency with Commission Order No.35724 and
resubmit a compliance filing limited by those changes directed by the Commission?
Michael Duval
Udmemos/PAC-E-22-13 Decision Memo
DECISION MEMORANDUM -3 -MAY 2,2023