20050614_1235.pdf

SCOTT D. WOODBURY
KIRA DALE PFISTERER
DEPUTY ATTORNEYS GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone] AND [phone]
IDAHO BAR NO. 1895 AND 6571
Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5983
Attorneys for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF P ACIFICORP DBA UTAH POWER &
LIGHT COMPANY FOR AUTHORITY TO
INCREASE ITS RATES FOR ELECTRIC
SERVICE TO ELECTRIC CUSTOMERS IN
THE STATE OF IDAHO.
COMMISSION STAFF MOTION
TO VACATE PREFILE DIRECT
TESTIMONY DATE
CASE NO. P AC-O5-
Pursuant to Commission Rule of Procedure 256., Staff for the Public Utilities
Commission files this Motion for an Order from the Commission Vacating the Prefile Direct
Testimony Date of June 17 2005 in order for the Parties to continue intensive settlement
negotiations.
BACKGROUND
On January 15 , 2005, PacifiCorp dba Utah Power & Light Company filed an
Application for authority to increase the Company s general rates for electric service by an
average of 12.5%. The following parties requested and were granted Intervention: Monsanto
Company; Idaho Irrigation Pumpers Association, Inc.; Agrium, Inc.; lR. Simplot Company;
Community Action Partnership Association of Idaho; and Timothy Shurtz. On March 16, 2005
the Commission issued Notices of Scheduling and Hearing. Pursuant to this schedule, the Staff
and Intervenor deadline for prefiling testimony and exhibits is June 17, 2005. Rebuttal testimony
and exhibits are then due on July 12, 2005 , and the technical hearing is scheduled for August
, 2005. -
COMMISSION STAFF MOTION
TO V ACA TE PREFILE DIRECT
TESTIMONY DATE
Following a May 4, 2005 Notice of Staff Intent to Engage in Settlement Discussions
(IDAP A 31.01.01.272), representatives of the Parties met on May 16 and engaged in initial
discussions to negotiate a possible settlement in this case. The Parties have pursued these
discussions in earnest and have come to an agreement in principle. Nonetheless, the Parties are
not yet ready to file a Stipulation with the Commission. In order to allow the Parties more time
to negotiate a possible Stipulation, Staff now seeks an Order from the Commission vacating the
direct testimony prefile date of June 17, 2005.
The facts in support of expeditious relief include those above. Specifically, Staff
needs additional time to reach a settlement that, by all indications, appears forthcoming.
Attempts were made on Friday, June 10, 2005 , to contact a representative of each Party via
telephone pursuant to Commission Rule 256.02. In addition, on June 10, 2005 , the Motion was
sent to each Party via e-mail.
In the event a settlement is reached and the Parties file a Stipulation with the
Commission by 5:00 p.m. Monday, June 13, 2005, the Commission Staff requests that the
Commission consider what procedures it will follow in its consideration of the proposed
settlement. Pursuant to Rule 274 of the Commission s Rules of Procedure
, "
when a settlement
be it active or passive, is presented to the Commission, the Commission will prescribe
procedures appropriate to the nature of the settlement to consider the settlement." The
Commission is not bound by settlements, and the proponents of a proposed settlement carry the
burden of showing that the settlement is reasonable, in the public interest or otherwise in
accordance with law or regulatory policy. IDAPA 31.01.01.274 and 275.
Respectfully submitted this I~ day of June 2005.
().
Kim Dale Pfisterer
Scott Woodbury
Deputy Attorneys General
N: P ACEO50 1- kdp _Motion
COMMISSION STAFF MOTION
TO V ACA TE PREFILE DIRECT
TESTIMONY DATE