20021015_294.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
CO MMISSI 0 NER SMITH
COMMISSIONER HANSEN
JEAN JEWELL
RON LAW
BILL EASTLAKE
LOU ANN WESTERFIELD
LYNN ANDERSON
DON HOWELL
RANDY LOBB
DAVE SCHUNKE
RICK STERLING
TERRI CARLOCK
ALDEN HOLM
TONY A CLARK
BEV BARKER
GENE FADNESS
WORKING FILE
FROM:LISA NORDSTROM
DATE:OCTOBER 10 2002
RE:IN THE MATTER OF THE INVESTIGATION OF TIME-OF-USE PRICING
FOR IDAHO POWER RESIDENTIAL CUSTOMERS. CASE NO. IPC-02-
12.
As directed by Order Nos. 28894 and 29026, Idaho Power submitted a "Report on
Residential Time-of-Use Pricing" on September 12, 2002. On September 27, 2002, the
Commission issued a Notice of Filing, Modified Procedure and Comment Deadline. After
reviewing the Commission s Notice, Idaho Power Company filed a Motion for Additional Time
to File Reply Comments on October 4, 2002. On October 10, 2002, Commission Staff also filed
a Motion for Additional Time to File Comments.
IDAHO POWER MOTION FOR
ADDITIONAL TIME TO FILE REPLY COMMENTS
The Company s Motion expressed concern that parties responding to the
Commission s Notice will assume that the comment process initiated in this case will provide the
DECISION MEMORANDUM
necessary procedural due process to implement a time-of-use pricing program. Idaho Power
noted that there are a myriad of issues, beyond the scope of the current proceedings, to be
considered if the Commission ultimately determines that a residential time-of-use pricing
program should be pursued. The Company is concerned that this proceeding has been
procedurally structured as if Idaho Power "filed" an application requesting some type of
affirmative relief, rather than simply filing a report as required by the Commission.
Although Idaho Power welcomed comments on the Report, the Company asserted
that generalized viability of a time-of-use pricing program is all that can be currently addressed
in a notice and comment process such as this. Even though only limited issues are currently ripe
for comment, the Company requests an Order allowing Idaho Power additional time to file reply
comments in this proceeding. With Veterans Day on November 11 and the lag before the
Company is served with party comments, Idaho Power is concerned that the nine days between
the comment (November 4) and reply comment (November 13) deadlines will be inadequate to
review, prepare and file meaningful reply comments.
The Company therefore suggested that 30 days is a more realistic reply comment
period given the procedural posture of these proceedings. Thus, Idaho Power requested the
Commission extend the deadline for Idaho Power to file its written reply comments until
December 13 , 2002. However, the Company noted that it may not require this extra time if the
comments from the parties and Staff are not extensive or complex. That said, Idaho Power also
reserved the right to request additional time beyond the December 13 date depending on the
volume and complexity of comments received.
STAFF MOTION FOR EXTENSION OF COMMENT DEADLINE
Under the timeframe set forth in the Notice, the Commission Staffs comments are
presently due Monday, November 4, 2002. Due to the time required to conduct discovery, Staff
stated it needs additional time to receive and incorporate the Company s production responses
into its analysis before filing comments.
Staff counsel contacted Bart Kline, attorney for Idaho Power Company, who had no
objection to time extension requested by Staff. Likewise, Staff has no objection to the
Company s Motion for an Extended Reply Comment period. Staff counsel also contacted Bill
Eddie, attorney for the Land and Water Fund, who also had no objection to Staffs Motion.
DECISION MEMORANDUM
In its discussions with Mr. Kline and Mr. Eddie, Staff counsel proposed a comment
deadline of December 6 2002 and a reply comment deadline of January 17, 2003. Mr. Kline and
Mr. Eddie do not object to the modification of the comment deadlines to these proposed dates.
Therefore, pursuant to Rule 256.03 (IDAP A 31.01.01.256.03), Staff requested the Commission
enter an Order changing the comment deadlines as follows to incorporate the requests of both
Idaho Power and Staff:
Comment Deadline
Reply Comment Deadline
Friday, December 6, 2002
Friday, January 17, 2003
COMMISSION DECISION
1. Does the Commission wish to grant Idaho Power Company s Motion to Extend
the Company s Reply Comment deadline by 30 days?
2. Does the Commission wish to grant Commission Staff s Motion to Extend the
Comment Deadline?
3. Does the Commission wish to adopt the December 6, 2002 comment deadline and
January 17, 2003 reply comment deadline as agreed to by counsel for Idaho Power, Commission
Staff and the Land and Water Fund?
Lisa D. Nordstrom
M:IPCEO212 ln2
DECISION MEMORANDUM