20120312Motion to Extend Comment Deadline.pdf

LAW OFFICES OF
RACINE OLSON NYE BUDGE & BAILEY
CHARTEREDW. MARCUS W. NYE
RANDALL C. BUDGE
JOHN A. BAILEY, JR.
JOHN R. GOODELL
JOHN B. INGELSTROM
DANIEL C. GREEN
BRENT O. ROCHE
KIRK B. HADLEY
FRED J. LEWIS
ERIC L. OLSEN
CONRAD J. AIKEN
RICHARD A. HEARN, M.D.
LANE V. ERICKSON
FREDERICK J. HAHN, III
PATRICK N. GEORGE
SCOTT J. SMITH
JOSHUA D. JOHNSON
DAVID E. ALEXANDER
STEPHEN J. MUHONEN
CANDICE M. MCHUGH
CAROL TIPPI VOLYN
JONATHON S. BYINGTON
JONATHAN M. VOLYN
THOMAS J. BUDGE
BRENT L. WHITING
DAVE BAGLEY
JASON E. FLAIG
FERRELL S. RYAN, III
AARON A. CRARY
JOHN J. BULGER
BRETT R CAHOON
JEFFREY A. WARR
Jean D. Jewell, Secretary
Idaho Public Utilties Commission
P.O. Box 83720
Boise, Idaho 83720-0074
201 EAST CENTER STREET
POST OFFICE BOX 1391
POCATELLO, IDAHO 83204-1391
TELEPHONE [phone]
FACSIMILE [phone]
ww.racinelaw.net
SENDER'S E-MAIL ADDREss:rcb(§raclnelaw.net
March 9,2012
Re: Case No. PAC-E-12-03
Dear Mrs. Jewell:
BOISE OFFICE
t01 SOUTH CAPITOL
BOULEVARD. SUITE 300
BOISE, IDAHO 83702
TEL.EPHONE: [phone]
FACSIMILE: [phone]
IDAHO FALLS OFFICE
477 SHOUP AVENUE
SUITE 107
POST OFFICE BOX B069B
IDAHO FALLS. ID 83405TELEPHONE: (208) S28-6t01
FACSIMILE: [phone]
ALL OFFICES TOLL FREE
[phone]
LOUIS F. RACINE (1917-2005)
WILLIAM D. OLSON, OF COUl'SEL
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Yesterday Randy Budge mailed you an original and seven copies of Monsanto Company's
Motion to Extend Comment Deadline in the above-referenced matter. After mailng those documents,
we discovered that certain dates therein were cited incorrectly. We kindly ask that you destroy the
documents mailed yesterday and instead file with the Commission the enclosed original and seven
copies of the corrected Monsanto Company's Motion to Extend Comment Deadline. Thank you for
your assistance.
RCB:rr
Enclosures
cc: Service List (w/encls.)
Sincerely,~
THOMAS J. BUDGE
Randall C. Budge, ISB No. 1949
Thomas 1. Budge, ISB No. 7465
RACINE, OLSON, NYE, BUDGE &
BAILEY, CHARTERED
P.O. Box 1391; 201 E. Center
Pocatello, Idaho 83204-1391
Telephone: [phone]
Fax: [phone]
rcb(iracinelaw.net
RECEIVED
2m2 MAR l 2 PM3~ 39
Attorneys for Intervenor Monsanto Company
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
ROCKY MOUNTAIN POWER FOR )
AUTHORITY TO INCREASE RATES BY )
$2.6 MILLION TO RECOVER DEFERRD )
NET POWER COSTS THROUGH THE ENERGY)
COST ADJUSTMENT MECHANISM )
)
Case No. PAC-E-12-03
MOTION TO EXTEND COMMENT DEADLINE
Intervenor Monsanto Company ("Monsanto"), acting by and through counsel, hereby
moves the Idaho Public Utilties Commission ("Commission") for the entry of an Order
extending the deadline for filing written comments on PacifiCorp d/b/a Rocky Mountain Power's
(the "Company") anual Energy Cost Adjustment Mechanism ("ECAM") filing. This is the first
time that Monsanto has been subject to the Company's ECAM filing, and additional time is
needed to review and evaluate the ECAM filing and submit meaningful comments. Monsanto
respectfully requests that the deadline be extended by one week-from March 13,2012, to
March 20, 2012.
BACKGROUND
On Februar 1, 2012, the Company submitted its Application to the Commission seeking
approval of the Company's anual ECAM rate for all customer classes, including for the first
time Monsanto and Agrium, based on the deferral period beginning December 1,2010, through
November 30,2011 ("Deferral Period"). The Application is supported by the testimony and
exhibits of Company witnesses Gregory N. Duvall (redacted) and Wiliam R. Griffth.
MOTION TO EXTEND COMMENT DEADLINE - 1
Effective Januar 1,2011, Monsanto's and Agrium's loads are included in the calculation
of the ECAM balance for the first time, pursuant to a Stipulation entered into and approved in
Order No. 30904, Case No. PAC-E-08-08. In addition, as indicated in the Stipulation approved
by the Commission in Order No. 32432, Case No. PAC-E-II-12, the Company will amortize and
collect over three years Monsanto's and Agrium's share of the Commission-approved 2011
ECAM balances.
On Februar 13,2012, Monsanto's Petition to Intervene was fied with the Commission.
On Febru 15,2012, the Commission issued its Notice of Application, Notice of Modified
Procedure, Notice ofIntervention Deadline and Order No. 32460 establishing a deadline of
Februar 28, 2012 to fie petitions to intervene and a deadline of March 13,2012, to file written
Comments and any requests for a hearing concerning the Company's ECAM Application.
REVIEW OF APPLICATION
Monsanto desires to carefully review the Company's filing because it has not previously
been subject to the ECAM in Idaho. Although Monsanto's consultants sought to review the
fiing expeditiously, this was delayed in par because certain information designated confidential
by the Company was redacted from the fiing and supporting workpapers and some delay was
experienced in getting a Protective Agreement signed and in place so the complete fiing was
available for review.
Upon review ofthe filing certain questions arose requiring discovery. Accordingly, on
March 1, 2012, Monsanto submitted its First Set of Data Requests to the Company consisting of
30. The Company has not yet submitted its responses to Monsanto's data requests, but has
agreed to expedite its responses which are not yet due under the Commission's Rules. Assuming
the Company's responses will be submitted forthwith, at this late date Monsanto wil not have a
reasonable opportity to review the same and submit meaningful comments by the March 13,
2012 deadline.
MOTION FOR EXTENSION
By this Motion Monsanto requests the Commission enter an Order extending the
comment deadline from March 13 to March 20,2012. Provided the Company's responses to
Monsanto's data requests are received in the next few days, Monsanto believes that this
extension will provide it with a reasonable and necessar opportunity to evaluate the ECAM
MOTION TO EXTEND COMMENT DEADLINE - 2
fiing and submit meaningful comments. Monsanto does not request any delay in the requested
April 1, 2012 date to implement the ECAM adjustments. Prior to the filing of this Motion
Monsanto's counsel consulted with counsel for the Company and Staff and received authoriza-
tion to represent that neither opposed this Motion.
Based on the foregoing, Monsanto respectfully requests that the Commission enter an
Order extending the ECAM comment deadline by one week from March 13,2012 to March 20,
2012.
DATED this 9th day of March, 2012.
MOTION TO EXTEND COMMENT DEADLINE. 3
RACINE, OLSON, NYE, BUDGE &
BAILEY, CHARTERED
p
By
CERTIFICATE OF MAILING
I HEREBY CERTIFY that on this 9th day of March, 2012, I served a true, correct and
complete copy of the foregoing document, to each of the following, via the method so indicated:
Jean D. Jewell, Secretary (original and 7)
Idaho Public Utilties Commission
P.O. Box 83720
Boise, ID 83720-0074
E-mail: jjewellCÐpuc.state.id.us u.s. Mail
Ted Weston
Rocky Mountain Power
201 South Main, Suite 2300
Salt Lake City, Utah 84111
E-mail: ted.weston(ipacificorp.com E-Mail
Yvonne R. Hogle, Senior Counsel
Rocky Mountain Power
201 South Main, Suite 2300
Salt Lake city, Utah 84111
E-mail: Yvonne.hogle(ipacificorp.com
E-Mail
Neil Price, Deputy AG
Idaho Public Utilties Commission
P.O. Box 83720; 472 W. Washington
Boise ID 83720-0074
NeiL. priceinpuc.idaho .gov E-Mail
Maurce Brubaker
Katie Iverson
Brubaker & Associates, Inc.
1215 Fern Ridge Parkway, Suite 208
St. Louis, MO 63141
mbrubaker(iconsultbai.com
kiverson(iconsultbai.com
E-Mail
James R. Smith'
Monsanto Company
P.O. Box 816
Soda Springs, Idaho 83276
jim. r. smith(imonsanto .com E-Mail
Steven D. Spinner
MOTION TO EXTEND COMMENT DEADLINE - 4
Monsanto Company
800 N. Lindbergh Blvd., Z C2NF
St. Louis, Missouri 63167
Steven.d. spinner(imonsanto.com
MOTION TO EXTEND COMMENT DEADLINE - 5
E-Mail
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THOMAS J. BUDGE