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HomeMy WebLinkAbout20230929Notice of Withdrawal.pdf 1407 W. North Temple, Suite 330 Salt Lake City, UT 84116 September 29, 2023 VIA ELECTRONIC FILING Jan Noriyuki Commission Secretary Idaho Public Utilities Commission 11331 W Chinden Blvd. Building 8 Suite 201A Boise, ID 83714 Re: CASE NO. PAC-E-23-16 IN THE MATTER OF THE APPLICATION OF ROCKY MOUNTAIN POWER FOR A DEFERRED ACCOUNTING ORDER RELATED TO WILDFIRE CLAIMS Dear Ms. Noriyuki: Please find Rocky Mountain Power’s electronic filing of this Notice of Withdrawal Without Prejudice in the above referenced matter. Informal inquiries may be directed to Mark Alder, Idaho Regulatory Affairs Manager at (801) 220-2313. Sincerely, Joelle R. Steward Senior Vice President, Regulation and Customer & Community Solutions Enclosures CC: Terri Carlock RECEIVED Friday, September 29, 2023 12:44:43 PM IDAHO PUBLIC UTILITIES COMMISSION Page 1 Joseph Dallas (ISB#10330) 825 NE Multnomah St., Suite 2000 Portland, OR 97232 Telephone: (360) 560-1937 Email: joseph.dallas@pacificorp.com Attorney for Rocky Mountain Power BEFORE THE IDAHO PUBLIC SERVICE COMMISSION IN THE MATTER OF THE APPLICATION OF ROCKY MOUNTAIN POWER FOR A DEFERRED ACCOUNTING ORDER REGARDING WILDFIRE CLAIMS ) ) ) ) ) ) CASE NO. PAC-E-23-16 PACIFICORP NOTICE OF WITHDRAWAL WITHOUT _____________________________________________________________________________ Pursuant to IDAPA 31.01.01.068, Rocky Mountain Power, a division of PacifiCorp, (“Rocky Mountain Power” or the “Company”), provides notice to the Idaho Public Utilities Commission (“Commission”) that it is withdrawing without prejudice its application for an accounting order authorizing the Company to record a regulatory asset associated with the incremental costs associated with third-party liability due to wildfires in Oregon (“Application”). Rocky Mountain Power filed its Application with the Commission on June 21, 2023. The filing of the Application followed a verdict in James v. PacifiCorp1, where a jury returned a verdict finding the Company liable to the named plaintiffs for over $70 million in economic and non-economic damages and over $18 million in punitive damages. Because there will likely be additional claims associated with the James proceeding, which was certified as a class action, and its appeal of the verdict in the James proceeding, the Company requested that the 1 James v. PacifiCorp, No. 20-CV-33885 (Cir. Ct. Multnomah County, Jun. 12, 2023). Page 2 Commission delay consideration of the application until the costs and the impact on the Company’s financial stability are more fully known. Rocky Mountain Power hereby withdraws without prejudice its Application. The Company’s withdrawal of the Application without prejudice allows the appeal process in the James proceeding to move forward and allows the Company an opportunity to refile at a later date when the costs and impacts of the James proceeding are more fully known. PacifiCorp discussed its withdrawal of the Application without prejudice with counsel for the Commission Staff and PacifiCorp Idaho Industrial Customers (“PIIC”). The Company has been authorized to state that Commission Staff has no objection to, and PIIC supports, the Company’s withdrawal of its Application without prejudice DATED: September 29, 2023 Respectfully submitted, ______________________ Joseph Dallas (ISB#10330) 825 NE Multnomah St., Suite 2000 Portland, OR 97232 Telephone: (360) 560-1937 Email: joseph.dallas@pacificorp.com Attorney for Rocky Mountain Power