20230801Notice_of_Application_Order_No_35868.pdf

NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
ORDER NO. 35868 1
Office of the Secretary
Service Date
August 1, 2023
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF ROCKY MOUNTAIN
POWER’S APPLICATION FOR A
DEFERRED ACCOUNTING ORDER
REGARDING WILDFIRE CLAIMS
)
)
)
)
)
)
)
)
)
CASE NO. PAC-E-23-16

NOTICE OF APPLICATION

NOTICE OF INTERVENTION
DEADLINE

ORDER NO. 35868

On June 21, 2023, Rocky Mountain Power (“Company”), a division of PacificCorp,
applied for an accounting order authorizing deferral of incremental costs associated with third-
party claims arising from wildfires in Oregon in September 2020. The Company proposes that
these costs would “account for and track the third-party claims that may exceed the Company’s
insurance coverage.” Application at 2.
With this Order, the Commission provides notice of the Company’s Application and sets a
deadline for interested parties to intervene.
BACKGROUND
In September of 2020, wildfires in Oregon caused extensive damage in the Company’s
service territory. The Company states that these wildfires resulted in lawsuits alleging that the
Company’s facilities caused the fires and the Company should have discontinued service to
customers to prevent their spread. Through the present Application, the Company asks the
Commission for authorization to defer costs of third-party claims from all wildfire-related liability
related to the September 2020 wildfires.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the Company represents that “a number of
plaintiffs” have filed suit against it because of wildfires in Oregon in September 2020. Id.
YOU ARE FURTHER NOTIFIED that the Company represents that the outcome of these
pending lawsuits is uncertain, but one such case has resulted in a jury verdict against the Company
NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
ORDER NO. 35868 2
for $70 million in economic and non-economic damages and over $18 million in punitive
damages.1
YOU ARE FURTHER NOTIFIED that the Company requests authorization for deferred
accounting treatment of incremental costs associated with these third-party claims (i.e., the amount
these claims exceed the Company’s insurance coverage). The Company proposes to do this by
debiting FERC Account No. 182.3-Other Regulatory Assets and crediting FERC Account No.
925-Injuries and Damages.
YOU ARE FURTHER NOTIFIED that the Company represents that it is not seeking to
recover these incremental costs at this time, but deferred accounting will preserve the Company’s
ability to do so in the future.
YOU ARE FURTHER NOTIFED that the Commission is not allowing deferred
accounting treatment of any of costs related to the wildfires at this time. Whether the Company
will be authorized to defer the costs related to the wildfires will be determined in a future order
after interested parties and the public have an opportunity to submit comments and this matter is
fully submitted to the Commission.
YOU ARE FURTHER NOTIFIED that the Company will not be granted authority to
recover costs related to the wildfires in this case. Rather, whether to grant the Company authority
to recover any deferred costs related to the wildfires will be decided in a future case after careful
review of whether such recovery is fair, just, and reasonable.
YOU ARE FURTHER NOTIFIED that the Application and supporting documentation
have been filed with the Commission and are available for public inspection during regular
business hours at the Commission’s office. These documents are also available on the
Commission’s website at www.puc.idaho.gov. Click on the “ELECTRIC” icon, select “Open
Cases,” and then click on the case number as shown on the front of this document.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant
to the Commission’s jurisdiction under Title 61 of the Idaho Code.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted
pursuant to the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq.

1 Final Verdict, pages 17-20, No. 20-CV-33885 (Cir. Ct. Multnomah County, Or.),
https://www.pacificorpfirelitigation.com/admin/api/connectedapps.cms.extensions/asset?id=d6aef345-184c-4b07-
98c7-f117d8639f1e&languageId=1033&inline=true (last accessed July 18, 2023).
NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
ORDER NO. 35868 3
NOTICE OF INTERVENTION DEADLINE
YOU ARE FURTHER NOTIFIED that persons desiring to intervene in this matter to
obtain parties’ rights of participation must file a Petition to Intervene with the Commission
pursuant to this Commission’s Rules of Procedure 72 and 73, IDAPA 31.01.01.072 and -.073.
Persons who wish to intervene as a party must file a Petition to Intervene no later than 21
days after the date of service of this Order. Such persons shall also provide the Commission
Secretary with their email address to facilitate further communications. After the intervention
deadline runs, the Commission Secretary shall issue a Notice of Parties that identifies the parties
and assigns exhibit numbers to each party. Once the Notice of Parties has issued, Commission
Staff shall informally confer with the Company and any intervening parties about how to further
process this case and shall then report back to the Commission on a proposed case schedule.
YOU ARE FURTHER NOTIFIED that persons who would like to present their views
without parties’ rights of participation and cross-examination do not have to intervene but may
present their views by submitting written comments to the Commission.
YOU ARE FURTHER NOTIFIED that the following people are designated as the
Company’s representatives in this matter:
Data Request Response Center
Rocky Mountain Power
825 NE Multnomah St., Suite 2000
Portland, OR 97232
[e-mail]
Mark Alder
Rocky Mountain Power
1407 W. North Temple, Suite 330
Salt Lake City, UT 84116
[e-mail]
[e-mail]
[e-mail]

ORDER
IT IS HEREBY ORDERED that persons desiring to intervene in this matter must file a
Petition to Intervene no later than 21 days from the service date of this Order. Once the deadline
has passed, the Commission Secretary shall prepare and issue a Notice of Parties.
IT IS FURTHER ORDERED that, after the Notice of Parties has issued, Commission Staff
shall confer with the parties regarding a procedural schedule for this matter including, if necessary,
a hearing in this matter.
IT IS FURTHER ORDERED that parties comply with Order No. 35375, issued April 21,
2022. Generally, all pleadings should be filed with the Commission electronically and will be
deemed timely filed when received by the Commission Secretary. See Rule 14.02. Service between
NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
ORDER NO. 35868 4
parties should continue to be accomplished electronically when possible. However, voluminous
discovery-related documents may be filed and served on CD-ROM or a USB flash drive.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 1st day of
August 2023.

ERIC ANDERSON, PRESIDENT

JOHN R. HAMMOND JR., COMMISSIONER

EDWARD LODGE, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\ELECTRIC\PAC-E-23-16_Widlfire\orders\PACE2316_NtcApp_Int_at.docx