20110920order_no_32360.pdf

Office of the Secretar
Service Date
September 20,2011
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
PACIFICORP DBA ROCKY MOUNTAIN
POWER,
Petitioner-Appellant,
vs.
IDAHO PUBLIC UTILITIES COMMISSION,
Respondent,
and
MONSANTO COMPANY,
Intervenor-Respondent.
)
) SUPREME COURT
) DOCKET NO. 38930-2011
)
)
) IPUC CASE NO. PAC-E-IO-07
)
)
) ORDER NO. 32360
)
)
)
)
)
)
)
On May 29,2011, PacifiCorp dba Rocky Mountain Power ("Rocky Mountain") filed
a timely Notice of Appeal from Order Nos. 32224, 32196, and 32151 in Case No. PAC-E-lO-07.
On June 7 and 15,2011, PacifiCorp filed an Amended Notice of Appeal and a Second Amended
Notice of Appeal, respectively.
STAFF'S OBJECTION TO PROPOSED AGENCY'S RECORD
ON APPEAL AND REQUEST FOR ADDITION
1. Staffs Request for Deletions to the Record. On September 14,2011, Commission
Staf ("Staff') fied an Objection to Proposed Agency's Record on Appeal and Request for
Addition. Staff objected to the inclusion of voluminous financial exhibits. Staff maintained that
the entirety of Volume I and Volume II, and pars of Volume III of the exhibits (approximately
360 pages in Volumes I & II and 131 pages in Volume III) are not relevant to the issue on appeal
- the Commission's decision to assign 27% of the Populus transmission line to PHFU.
Exhibit Volumes I and II of the proposed record consists of two exhibits: Exhibit 1
(Revenue Requirement Summar) and Exhibit 2 (Revenue Requirement). Exhibit 1 consists of 3
pages and Exhibit 2 is comprised of 30 subparts in 357 pages. According to Staff, these exhibits
are voluminous, irrelevant and immaterial to the single issue on appeaL.
ORDER NO. 32360 1
In Volume III of the exhibits, Staff asserted that Exhibit 78 (Year End Revenue
Requirement Summar), Exhibit 80 (Year End Updated LGAR Calculation), and all but 4 pages
of the 121 pages of Exhibit 79 (Year End Results of Operation Sumar) are also immaterial
and irrelevant to the single issue on appeaL. i Staff recommended that the irrelevant material
contained in Exhibit Volumes I and II be deleted. In addition, Staff recommended that Exhibits
2B.19 (Deferred Income Tax Balance), 2B.20 (Customer Advances), 4 (LGAR Calculation), 78,
79 (with the exception of the four pages identified in the footnote), and Exhibit 80 be removed
from Volume III. Ths would allow all the pertinent exhibits to be included in a single volume.
2. Request for Addition to the Record. Staff also requested that the Commission add
one Order to the record on appeaL. Staff requested that Order No. 29708 (Case No. PAC-E-02-
03) be included in the record. The Commission's Order on Reconsideration No. 32224 at 12
(Proposed Record at 259) cites to Order No. 29708. Order No. 29708 approved the multi-
jurisdictional allocations curently used by the Commission to allocate facilities, costs, and
revenues among PacifiCorp's Method-Protocol six-state jurisdictions.
ROCKY MOUNTAIN'S RESPONSE TO STAFF'S OBJECTION TO PROPOSED
AGENCY'S RECORD ON APPEAL AND REQUEST FOR ADDITION
On September 16,2011, Rocky Mountain fied a Response to the Commission Staffs
Objection to Proposed Agency's Record on Appeal and Request for Addition. Rocky
Mountan's response did not object to Staffs Motion to make certain additions and deletions to
the proposed agency record on appeal, EXCEPT for the following:
Volume I:
Exhibit 1 - Steven R. McDougal - Revenue Requirement Summar
Exhibit 2.6 - Depreciation & Amortization Adjustments
Exhibit 2.8 - Rate Base Adjustments
Volume II:
Exhibit 2 B.l 0 - Plant Held for Future Use
Volume III:
Exhibit 79 (pp. 1.0-2.2) - Steven R. McDougal- (Year End) Results of
Operation Sumary
i Staff did not object to including four pages (11.5, 11.5.1, 11.7.1, 11.8.1) of Exhibit 79 (Year End Results of
Operation Summary). These four pages all reference the Populus transmission line.
ORDER NO. 32360 2
Rocky Mountain's response urged the Commission to accept its proposed exceptions
to Staffs objections because they "directly reference the Populus to Terminal Transmission
and/or provide valuable context for the Idaho Supreme Court's review of the Commission's
decision." Rocky Mountain's proposed exceptions would comprise a total of 44 pages.
STIPULATION OF THE PARTIES
Subsequently, Rocky Mountain and Staff ("the Paries") conferred and reached an
agreement on the final agency record on appeaL. On September 19, 2011, the Paries filed a
Stipulation and Agreement to Staffs Objection to Proposed Agency's Record on Appeal and
Request for Addition memorializing the Paries' agreement. The Paries agreed that the
following exhibits shall be included:
Volume I:
Exhibit 1 - Steven R. McDougal - Revenue Requirement Summary
Exhibit 2.6 - Depreciation & Amortization Adjustments
Exhibit 2.8 - Rate Base Adjustments
Volume II:
Exhibit 2 B.1O - Plant Held for Future Use
Volume III:
Exhibit 79 (pp. 1.0-2.2) - Steven R. McDougal - (Year End) Results of
Operation Sumary
The Paries also agreed to include Order No. 29708 (Case No. PAC-E-02-03), as cited
in the Commission's Order on Reconsideration No. 32224. The Paries agreed to exclude the
remaining exhibits included in Staffs Motion.
COMMISSION FINDINGS
The Commission has reviewed the Paries' Stipulation and Agreement. "In
administrative appeals from the Public Utilties Commission, ... the administrative agency shall
have continued jurisdiction of the matter and the paries . . . including the power to settle the
transcript and record on appeal." I.A.R. B(e). Once settled by the Commission, the agency's
record is then fied with the Supreme Court. I.A.R. 29(b).
The Commission finds that the alterations to the record on appeal contained in the
Stipulation are fair, just and reasonable. The Commission finds that the proposed revisions wil
enable the preparation of a more concise and relevant agency record on appeal. Thus, the
ORDER NO. 32360 3
agency's record on appeal shall be amended to reflect Staffs objections, minus the exclusions to
Staffs objections represented in the Paries' Stipulation, and include Staffs request for addition
of Order No. 29708.
ORDER
IT is HEREBY ORDERED that the Record on Appeal shall be revised to reflect the
addition and deletions, more particularly described above in the Stipulation and Agreement to
Stafs Objection to Proposed Agency's Record on Appeal and Request for Addition, and shall
be lodged with the Idaho Supreme Court in accordance with the Idaho Appellate Rules.
IT is FURTHER ORDERED that the Commission Secretar shall fie a copy of this
Order amending the agency's record on appeal with the Supreme Cour.
'Jr.""DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this oU
day of September 2011.
PAU
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MACK A. REDFORD, COMMISSIONER
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MARSHA H. SMITH, COMMISSIONER
ATTEST:
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J D. Jewel
Commission Secretary
O:P AC- E- 10-07_ Appeal Stipulation _ np
ORDER NO. 32360 4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 20th
2011, SERVED THE FOREGOING ORDER NO. 32360,
DOCKET NO. 38930-2011, BY E-MAILING A COpy
FOLLOWING:
PAULJHICKEY
HICKEY & EVANS LLP
1800 CAREY AVE., SUITE 700
PO BOX 467
CHEYENNE WY 82003
E-MAIL: phickeyCfickeyevans.com
RICHAR HALL
WALTER SINCLAIR
STOEL RIVES LLP
IOI S. CAPITOL BOULEVARD, SUITE 1900
BOISE ID 83702-7705
E-MAIL: rrhall(ßstoel.com
jwsinclair(ßstoel.com
DAY OF SEPTEMBER
IN SUPREME COURT
THEREOF TO THE
MARK C MOENCH
DANIEL E SOLANDER
ROCKY MOUNTAIN POWER
201 S MAIN ST STE 2300
SALT LAKE CITY UT 84111
E-MAIL: mark.moench(ßacificorp.com
daniel.solander(ßpacificorp.com
RANDALL C. BUDGE
RACINE OLSON NYE BUDGE & BAILEY
PO BOX 1391
201 E. CENTER
POCATELLO ID 83204-1391
E-MAIL: rcb(ßracinelaw.net
~il.~S~RY~