20231122Notice_of_Application_Order_No_36003.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36003 1
Office of the Secretary
Service Date
November 22, 2023
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF ROCKY MOUNTAIN
POWER’S APPLICATION TO REVISE
ELECTRIC SERVICE REGULATION NO. 3-
ELECTRIC SERVICE AGREEMENTS
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CASE NOS. PAC-E-23-22

NOTICE OF APPLICATION

NOTICE OF MODIFIED
PROCEDURE

ORDER NO. 36003
On October 24, 2023, PacifiCorp dba Rocky Mountain Power (“Company”) filed an
application (“Application”) with the Idaho Public Utilities Commission (“Commission”)
requesting authority to update Electric Service Regulation No. 3-Electric Service Agreements
(“Rule 3”). The Company requests its Application be processed by Modified Procedure.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the Company represents that Rule 3 defines the
Company’s general rules and regulations for electric service. Application at 1. The Company states
that the proposed tariff amendment would update provisions regarding liability for non-economic
damages. Id. Specifically, the proposed amendment would: (1) limit damages arising out of the
Company’s provision of electric services to actual damages; (2) exclude a-typical damages
(including special, noneconomic, punitive, incidental, indirect, or consequential); (3) only apply
prospectively, and for actions arising out of the provision of electric service; and (4) would not
apply where state law otherwise disallows the limitation. Id. at 1-2. The Company represents that
this provision strikes a reasonable balance between enabling actual damages when appropriate,
and unreasonable treble damages. Id. at 2.
YOU ARE FURTHER NOTIFIED that the Company’s proposed liability language
provides:
LIMITATION OF LIABILITY In any action between the parties arising out of the
provision of electric service, the available damages shall be limited to actual
economic damages. Neither party shall be liable to the other party for special,
noneconomic, punitive, incidental, indirect, or consequential damages (including,
without limitation, lost profits), regardless of whether such action is based in
contract, tort (including, without limitation, negligence), strict liability, warranty or
otherwise. By receiving electric service, customer agrees to waive and release

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36003 2
Company from any and all claims for special, noneconomic, punitive, incidental,
indirect, or consequential damages (including, without limitation, lost profits) as
part of any claim against Company related to or arising from Company’s operations
or electrical facilities. This provision shall not be binding where state law disallows
limitations of liability.
Id. at 8.
YOU ARE FURTHER NOTIFIED that the Application is available for public inspection
during regular business hours at the Commission’s office. The Application is also available on the
Commission’s website at www.puc.idaho.gov. Click on the “ELECTRIC” icon, select “Open
Cases,” and 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, and that all proceedings in this
matter will be conducted pursuant to the Commission’s Rules of Procedure, IDAPA 31.01.01.000
et seq.
NOTICE OF MODIFIED PROCEDURE
YOU ARE HEREBY NOTIFIED that the Commission has determined that the public
interest may not require a formal hearing in this matter, and that it will proceed under Modified
Procedure pursuant to the Commission’s Rules of Procedure 201-204, IDAPA 31.01.01.201-.204.
The Commission notes that Modified Procedure and written comments have proven to be an
effective means for obtaining public input and participation.
YOU ARE FURTHER NOTIFIED that persons desiring to state a position on this
Application may file a written comment explaining why the person supports or opposes the
Application. Persons who would like a hearing must specifically request a hearing in their written
comments and explain why written comments alone are insufficient. Persons interested in filing
written comments must do so by January 23, 2024. Comments must be filed through the
Commission’s website or by e-mail unless computer access is unavailable. To comment
electronically, please access the Commission’s website at http://www.puc.idaho.gov/. Click the
“Case Comment Form” and complete the form using the case number as it appears on the front of
this document.
To file by e-mail, persons must e-mail the comments to the Commission Secretary and the
Parties at the e-mail addresses listed below. Persons submitting a comment by e-mail must provide
their name, address, and the Case Number under which they are commenting. Persons submitting

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36003 3
a comment by e-mail also acknowledge that submitting a comment in an open case constitutes a
public record under Idaho Code § 74-101 (13), and all information provided by such person is
available for public and media inspection.
If computer access is unavailable, then comments may be mailed to the Commission and
the Parties at the addresses below. Persons submitting a comment by mail must provide their name,
address, and the Case Number under which they are commenting. Persons submitting a comment
by mail also acknowledge that submitting a comment in an open case constitutes a public record
under Idaho Code § 74-101 (13), and all information provided by such person is available for
public and media inspection.
For the Idaho Public Utilities
Commission:

Commission Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074
[e-mail]

Street Address for Express Mail:

11331 W. Chinden Blvd.
Building 8, Suite 201-A
Boise, ID 83714

For the Company:

Mark Alder
Idaho Regulatory Affairs Manager
Rocky Mountain Power
1407 West North Temple, Suite 330
Salt Lake City, UT 84116
[e-mail]

Joe Dallas
Carla Scarsella
Rocky Mountain Power
825 NE Multnomah, Suite 2000
Portland, OR 97232
[e-mail]
[e-mail]

YOU ARE FURTHER NOTIFIED that the Company must file any reply comments by
February 6, 2024.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are received
within the time limit set, the Commission will consider this matter on its merits and enter its final
order without a formal hearing. If written comments are received within the time limit set, the
Commission will consider them and, in its discretion, may set the same for formal hearing.

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36003 4
ORDER
IT IS HEREBY ORDERED that the Application be processed by Modified Procedure,
Rules 201-204 (IDAPA 31.01.01.201-.204). Persons interested in filing written comments must
do so by January 23, 2024. The Company must file any reply comments by February 6, 2024.
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
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 22nd day of
November 2023.

__________________________________________
ERIC ANDERSON, PRESIDENT

__________________________________________
JOHN R. HAMMOND JR., COMMISSIONER

__________________________________________
EDWARD LODGE, COMMISSIONER

ATTEST:

___________________________________
Monica Barrios-Sanchez
Interim Commission Secretary

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