20180222notice_of_deadlines_order_no_33991.pdf

omce of the Secretary
Service Date
February 22,2018
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE INVESTIGATION )CASE NO.GNR-U-18-01
INTO THE IMPACT OF FEDERAL TAX )
CODE REVISIONS ON UTILITY COSTS AND )NOTICE OF DEADLINE FOR:(1)
RATEMAKING )PERSONS TO INTERVENE;AND
)(2)UTILITY-PARTIES TO
)REQUESTSETTLEMENT
)NOTIFICATION.
)ORDER NO.33991
With this Order,the Commission directs interested persons to file Petitions to
Intervene,and rate-regulated utilities to file Requests for Settlement Notification,as soon as
practical,and no later than Tuesday,March 6,2018,as described below.These filings must name
each rate-regulated utility in whose active settlement with Commission Staff the petitioner or
requesting utility wants an opportunity to participate.The Commission intends these filings to
ensure such persons and utilities are notified about,and given an opportunityto participate in,
Staff's potential active settlements with particular utilities.
BACKGROUND
YOU ARE HEREBY NOTIFIED that the federal Tax Cuts and Jobs Act of 2017
decreased the federal corporate tax rate from 35%to 21%,effective January 1,2018.In response,
the Commission opened this multi-utilitycase to investigatewhetherto adjust utilities'rates so the
benefits from the reduced tax rate flow through to customers.This case involves all rate-regulated
utilities in Idaho,except for small water companies with less than 200 customers,and the small
electric utility,Atlanta Power.See Order No.33965.
YOU ARE FURTHER NOTIFIED that,in Order No.33965,the Commission directed
all affected utilities to immediately account for the tax benefits as a regulatory liability.The
utilities also are to file a report on the effect of the tax changes,and proposed tariffs,by March 30,
2018.See id.at 1-2 (detailing what a utility's filing must include).After that,the Commission's
Staff has 60 days to use reasonable efforts to audit the utilities and report the audit results to the
Commission.Id.at 2.If the Staff disagrees with the proposed tariffs,the Commission expects to
order the utility to show cause why Staff s recommended changes should not be made.Id.
ORDER NO.33991 1
YOU ARE FURTHER NOTIFIED that,as of February 15,2018,two utilities had fded
the Commission-ordered reports,and one entity,the Industrial Customers of Idaho Power,had
petitioned to intervene.
YOU ARE FURTHER NOTIFIED that Commission Staff has advised the Commission
that Staff may engage in settlement negotiations with some utilities who are parties to this case.
Because every rate-regulated utility in the state (except for small water companies and Atlanta
Power)is a party to the case,and they provide different service to different customers in different
areas,Staff expects some persons and utilities may not want to participate in Staff's negotiations
with other utilities.To ensure Staff can afford interested persons and utilities an opportunity to
participate in settlement negotiationsthat interest them,Staff recommended that interested persons
petition to become official "parties"to the case,and that they,and any utilities who already are
parties,name the other utilities in whose settlement negotiations they may wish to be involved.
YOU ARE FURTHER NOTIFIED that Staff's recommendation turns on Commission
Rule 272 (IDAPA 31.01.01.272).That rule precludes Commission Staff "from entering into an
active settlement without first notifying all other parties and the Commission that it intends to
begin or has begun settlement negotiations."Further,"Staff must give all other parties an
opportunity to participate in or be apprised of [such negotiations]before a final settlement
agreement is reached."An active settlement is one "in which one (1)or more parties negotiate an
agreement differing from positions of one (1)or more of the parties previouslyon record with the
Commission...."Rule 272 (emphasis added).
YOU ARE FURTHER NOTIFIED that the documentation related to this case will be
filed with the Commission and available for public inspection during regular business hours at the
Commission office.The documentation may also be viewed on the Commission's website at
www.puc.idaho.covby clicking on "File Room"and then "Multi-Utility Cases."
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 the
Commission may enter any final order consistent with its authority under Title 61.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted
according to the Commission's Rules of Procedure,IDAPA 31.01.01.000,et seq.
ORDER NO.33991 2
NOTICE OF DEADLINE FOR PERSONS TO INTERVENE
YOU ARE HEREBY NOTIFIED that persons desiring to intervene to participate in
Staff's active settlements with particular utilities (or to otherwise participate as an official "party")
in this case,must file a Petition to Intervene with the Commission as soon as practical,and no
later than Tuesday,March 6,2018.The Petition to Intervenemust:(1)comply with Commission
Rules of Procedure 72 and 73,IDAPA 31.01.01.072and -.073 and (2)name each rate-regulated
utility in whose active settlements with Staff the person wants an opportunityto participate.
Staff then will notify the intervenor of any active settlements with the named utilities,as required
by Rules 72 and 73.Persons may present their views on this case to the Commission,including
their views on any report filed or proposed settlement by any utility or Commission Staff,without
intervening or becoming a party,by filing their written comments without prior notification to the
Commission or the parties.
NOTICE OF DEADLINE FOR UTILITIES TO
REQUESTSETTLEMENT NOTIFICATION
YOU ARE FURTHER NOTIFIED that if a rate-regulatedutility (besides small water
companies with less than 200 customers,and the small electric utility,Atlanta Power)wants an
opportunityto participatein Staff's active settlement with another rate-regulatedutility,the
first utility must file a Request for Settlement Notification with the Commission as soon as
practical,and no later than Tuesday,March 6,2018.1 The Request for Settlement Notification
must name each other rate-regulated utility in whose active settlement the requesting utility
wants an opportunityto participate.Staff then will notify the requesting utility of any active
settlements with the named utilities,as required by Rules 72 and 73.
ORDER
IT IS HEREBY ORDERED that that persons desiring to intervene to participate in
Staff's active settlements with particular utilities (or to otherwise participate as an official "party")
in this case,shall file a Petition to Intervene with the Commission as soon as practical,and no later
than Tuesday,March 6,2018.The Petition to Intervene must:(1)comply with Rules 72 and 73,
and (2)name each rate-regulatedutility in whose active settlements with Staff the person wants an
opportunityto participate.
i If a rate-regulated utility does not want the opportunity to participate in Staff's active settlements with other rate-
regulated utilities,the first utility need not file a Request for Settlement Notification.
ORDER NO.33991 3
IT IS FURTHER ORDERED that if a rate-regulated utility (besides small water
companies with less than 200 customers,and the small electric utility,Atlanta Power)wants an
opportunityto participate in Staff's active settlement with another rate-regulated utility,the first
utility must file a Request for Settlement Notification with the Commission as soon as practical,
and no later than Tuesday,March 6,2018.The Request for Settlement Notification must name
each other rate-regulated utility in whose active settlement the requesting utility wants an
opportunityto participate.
THIS IS AN INTERLOCUTORY ORDER.Any person interested in this Order may
file a petition for review within twenty-one (21)days of the service date of this Order with regard
to any matter decided in this Order.A petition to review may request that the Commission:(1)
rescind,clarify,alter,amend;(2)stay;or (3)finalize this InterlocutoryOrder.After any person
has petitioned for review,any other person may file a cross-petition within seven (7)days.See
Rules 321,322,323.03,324,325 (IDAPA 31.01.01.321-325).
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of February 2018.
PAÛ KJELLANDER,PRESIDENT
KRIS'flNERAPER,CO MISSIONER
ERIC ANDERSON,COMMISSIONER
ATTEST:
Diane Hanian
Commission Secretary
I:\Legal\LORDERS\GNRUl801kk2.doex
ORDER NO.33991 4