Electrical Power in Idaho

Idaho Power Company 2013 Average Number of Customers/Avg. Revenue/kwh (Computed from data available in FERC Form 1 Annual Reports) 405,542 Residential Customers/$0.0957 78,334 Commercial Customers/$0.0718 111 Industrial Customers/$0.0515

Avista Utilities 2013 Average Number of Customers/Avg. Revenue/kwh (Computed from data available in FERC Form 1 Annual Reports) 107,458 Residential Customers/$0.0884 16,830 Commercial Customers/$0.0842 454 Industrial Customers/$0.0531

2013 Average Number of Customers/Avg. Revenue/kwh (Computed from data available in FERC Form 1 Annual Reports) PacifiCorp/Rocky Mountain Power 58,730 Residential Customers/$0.1103 8,360 Commercial Customers/$0.0906 5,571 Industrial Customers/$0.0699

16 | Page

Average Residential Retail Price of Electricity by State

The information below is provided by the Energy Information Administration of the U.S. Department of Energy (www.eia.gov) and reflects the average residential rate by kilowatt‐hour by state in August 2014. Idaho ranks 44th of 50 states and the District of Columbia. The states with lower rates than Idaho from the lowest up are Washington, West Virginia, Louisiana, Arkansas, Kentucky, Oklahoma and Tennessee. States with the highest rates are Hawaii, Alaska, Connecticut, New York, Rhode Island, Vermont and Massachusetts.

State August 2014 (cents/kWh) August 2013(cents/ kWh)

Alabama 11.79 11.60 Alaska 20.43 18.71 Arkansas 10 9.97 Arizona 12.44 12.33 California 18.12 16.54 Colorado 12.83 12.57 Connecticut 19.67 17.57 D.C. 12.66 12.98 Delaware 14.12 12.67 Florida 11.98 11.32 Georgia 12.52 12.34 Hawaii 37.81 36.79 Iowa 13.42 12.40 Idaho 10.54 10.27 Illinois 11.95 10.31 Indiana 11.56 11.06 Kansas 12.74 12.06 Kentucky 10.08 9.87 Louisiana 9.77 9.72 Massachusetts 17.69 15.90 Maryland 13.71 13.89 Maine 15.35 14.37 Michigan 14.88 14.98 Minnesota 12.85 12.74 Missouri 12.71 12.30 Mississippi 11.62 10.81 Montana 10.89 10.93 North Carolina 11.44 11.33 North Dakota 10.94 10.87

17 | Page

State August 2014 (cents/kWh) August 2013(cents/kWh)

Nebraska 12.06 11.93 New Hampshire 17.18 15.93 New Jersey 16.0 16.23 New Mexico 13.57 12.64 Nevada 12.63 11.76 New York 19.49 19.15 Ohio 13.50 12.72 Oklahoma 10.13 9.91 Oregon 10.75 10.20 Pennsylvania 13.91 13.25 Rhode Island 18.38 15.73 South Carolina 12.48 12.01 South Dakota 11.42 11.35 Tennessee 10.47 10.24 Texas 12.01 11.47 Utah 11.56 11.23 Virginia 12.00 11.59 Vermont 17.87 17.08 Washington 8.93 8.93 Wisconsin 14.26 14.41 West Virginia 9.52 9.72 Wyoming 11.13 10.72

18 | Page

Recent History of Base Rate Electric Cases

IDAHO POWER

Year Requested Granted

2005 6.3% 6.3% (Not a base rate case, but increase granted due to tax settlement and Bennett Mountain plant)

2006 7.8% 3.2% (net was 14% decrease due to expiration of tax adjustment.)

March 2008 10.35% 5.2%

June 2008 Though not a base rate case, rates increased an average 10.7% due to a one-year PCA surcharge and 1.37% added to base rates for Danskin plant.

2009 10% 4% (tiered-rates implemented)

2010 No base rate case. Rates decreased an average 5.2%, due primarily to a Power Cost Adjustment decrease.

June 2011 Three surcharge adjustments result in average 3% reduction for customers.

2012 10% 4.2% (but net increase was 3.44% due to reduction in energy efficiency rider.)

2013 No base rate case. Annual Power Cost Adjustment was an average 15.3% increase effective June 1, the fourth-highest PCA on record.

2014 No base rate case. The annual PCA is a 1% increase and FCA is a 1.2% increase.

AVISTA UTILITIES

Year Requested Granted

2004 11% 1.9%

2008 16.5% 11.9% (Also, 4% PCA increase)

19 | Page

Year Requested Granted

2009 12.8% base rate increase with 5% PCA 5.7% (but with 4.2% PCA reduction, reduction, for net 7.8% net increase was 1.5 percent)

2010 14% 9.25% (but spread over 3 years)

2011 3.7% 1.1% (but with decreases in PCA and other rate components, the net is a decrease of 2.4 percent)

2013 4.6% 1.9% (with stay-out provision for next rate adjustment no sooner than Jan. 1, 2015.) On Oct. 1, 2013, Customers got a 1.3% decrease due to reduction in Energy Efficiency Rider.

2014 A rate settlement precludes any base rate increase until Jan. 1, 2016 at earliest.

ROCKY MOUNTAIN POWER (PacifiCorp)

2005 5.1% 5.1% (This increase only applied to irrigation and industrial customers; no increase to residential.)

2007 10.3% 6.4%

2009 4% 3.1%

2011 13.7% 6.8% (but net increase to customers was 5.5% because of 1.3% reduction to Energy Efficiency Rider)

2013 -- A settlement prior to a formal case filed increased rates by an average 0.77% effective Jan. 1, 2014, with stay-out provision to Jan. 1. 2016.

2014 No base rate case. Annual Energy Cost Adjustment Mechanism (ECAM) is a 2.6% decrease

20 | Page

Summary of major cases

Idaho Supreme Court upholds IPUC decisions in PURPA appeals, while IPUC and FERC settle

In late 2013, the Idaho Supreme Court and the Federal Energy Regulatory Commission affirmed the Idaho Commission’s denial of a number of PURPA wind projects.

Since then, the Commission has significantly updated the process it uses to determine pricing and other terms for power purchase Idaho Supreme Court building agreements between a utility and a PURPA developer. THE ISSUE In November 2010, Idaho Power Company, Avista Utilities and PacifiCorp asked the Wind and solar projects (intermittent commission to investigate the rapidly resources) must now negotiate with utilities expanding number of PURPA wind projects using a commission‐approved methodology in Idaho. The utilities said the wind with the utility’s long‐range planning developers were “gaming” the system by document, called an Integrated Resource disaggregating large projects into several Plan (IRP), as a starting point. The IRP smaller projects a mile apart, each with its one unique name created under a Limited method more precisely values the energy Liability Corporation (but the same owner). being delivered. It does this by recognizing FERC rules require a mile separation the individual generation characteristics of between Qualifying Facilities. The projects each project and assessing when the project were disaggregated so that each one fell is capable of delivering its resources against under the 10 aMW limit that qualified them when the utility is most in need of the for the commission’s typically more energy. The IRP methodology recognizes attractive published rate. that larger projects have a greater effect on THE PROBLEM a utility’s ability to balance its total load The utilities claimed the rapid development and resources. of these projects was having a profound price impact on customers and on the ability of utilities to integrate the wind

21 | Page

projects with their transmission systems. The utilities said the small‐power projects PURPA was originally intended to encourage were instead being developed by sophisticated large‐scale wind farms. A problem for the Commission is that avoided cost rates – the cost the utility avoids by not having to generate the power itself or buy it from another source – had not been updated for new contracts. Fuel prices, which are a significant component in determining avoided cost, had dropped power from wind and solar projects, but at significantly in recent years. The avoided a rate negotiated between the utility and cost rate for new contracts did not go down the QF using a commission‐approved as natural gas prices fell, making the Integrated Resource Plan (IRP) commission’s published rate considerably methodology. Seventeen wind projects did more attractive than wholesale market not meet the commission’s criteria and prices for power. This, along with a federal were thus not eligible for published rates tax credit for wind development, and would need to negotiate a rate with the contributed to a flurry of PURPA wind utilities based on the IRP methodology if development. their projects were to go forward.

On Sept. 7, 2011, the Grouse Creek projects ORDERS AND APPEALS appealed to the state Supreme Court after On Feb. 7, 2011, the Commission being denied reconsideration by the temporarily reduced the eligibility cap commission. Concurrently, another set of under which projects can qualify for projects, called the Cedar Creek projects, published rates from 10 aMW to 100 kW, filed for a Petition for Enforcement at FERC, but only for intermittent wind and solar. challenging the Commission’s decision to The cap remained 10 aMW for other PURPA lower the eligibility cap for wind and solar projects. The Commission said it would projects effective Dec. 14, 2010. open a second phase of the original case to further investigate the disaggregation issues On October 4, 2011, FERC declined to and determine whether the temporary pursue an enforcement action against the changes in the eligibility cap should be Idaho PUC regarding the Cedar Creek made permanent. projects, but issued a Declaratory Order that said the PUC’s decision not to approve On June 8, 2011, the Commission affirmed the Cedar Creek projects was inconsistent its decision to maintain the 100 kW with PURPA. The Cedar Creek and Grouse eligibility cap for published rates for wind Creek projects were remanded to the PUC and solar projects, due to their for further discussion. intermittency and potential for continued disaggregation. Utilities were still subject to On December 21, 2011, the PUC approved a the “must‐buy” provisions to purchase QF settlement of the Cedar Creek projects. The

22 | Page

settlement reduced the projects from five On March 22, 2013, FERC filed a complaint to three and moved them to a location in the United States Court for the District of better suited to transmission access. Idaho asking the Court to enter an order Settlement talks with Grouse Creek were finding that the Idaho Commission violated not successful. PURPA, enjoining the PUC from imposing conditions on the sales agreements On March 2, 2012, Rainbow Ranch between Idaho Power and developers of petitioned FERC to bring an enforcement the Grouse Creek and Murphy Flats projects action against the PUC for disapproving and directing the PUC to issue orders their projects. FERC declined, but issued a approving the agreements. This was the Declaratory Order stating the IPUC’s first time FERC had taken a state to court decision to not approve the projects was over a PURPA‐related action. inconsistent with PURPA. On Dec. 18, 2013, the Idaho Supreme Court On Sept. 7, 2012, the Commission affirmed unanimously affirmed the PUC’s decision to its denial of Grouse Creek’s two PPAs. The deny approval of the Grouse Creek Commission clarified that despite FERC’s contracts. The Court affirmed the PUC’s statements to the contrary, the Commission requirement that a finding of a LEO requires has never made a determination that the a showing that there would have been a creation of LEO occurs only when a QF and contract but for the actions of the utility. utility enter into a signed agreement. In this “Unlike a court of law, IPUC is a regulatory case, both parties entered into agreements agency performing judicial and legislative that unequivocally state an effective date. functions. Therefore, it is not bound by its Hence, the discussion of a LEO is moot. (LEO prior decisions. In addition, allowing stands for “legally enforceable obligation,” Grouse Creek to sell power at the rates in which signifies that an obligation exists for place prior to the eligibility cap adjustment the utility to accept power produced by a would not have been in the public interest,” qualifying independent power developer. the court said. The LEO provision is included in FERC regulations to prevent a utility from Six days later, FERC and the IPUC signed a circumventing its obligation to purchase Memorandum of Agreement under which from Qualifying Facilities by refusing or FERC will dismiss its court claims and the delaying to enter into a contract with the PUC dismiss any counterclaims. The Idaho QF. Federal PURPA law allows state PUC acknowledged that a LEO may be commissions to determine when a LEO incurred prior to the signing of a contract. exists under state law, often on a case‐by‐ Both parties acknowledged that PURPA case basis. A LEO may be incurred before a establishes a program of “cooperative PURPA contract is reduced to writing.) federalism” under which FERC issues regulations to implement federal policy On Sept. 25, 2012, the Murphy Flats while state regulatory authorities are projects asked FERC to take enforcement responsible for implementing those same action. On Nov. 20, 2012, FERC declared it regulations in a manner that accommodates would bring an enforcement action. local conditions and concerns so long as the implementation is consistent with PURPA.

23 | Page

PUC denies Idaho Power solar application, but says integration charge warranted

Case No. IPC‐E‐14‐09, Order No. 33043

May 28, 2014 – The commission denied an request to suspend, it asked the Idaho Power Company request to commission to issue an order stating that all temporarily suspend its obligation under future solar PURPA contracts include an federal law to sign new contracts to buy integration charge. power from qualifying small solar‐power producers. The commission said it appreciated Idaho Power’s concern that the pending However, the commission agreed with completion of its solar integration study has Idaho Power’s contention that the utility resulted in a “run‐on‐the‐bank,” but incurs expense when it integrates solar suspending Idaho Power’s PURPA obligation generation into its system and that future “is not the appropriate remedy.” contracts should include integration costs in the form of a discount to the amount the Instead, the commission said, Idaho Power utility pays solar developers, ensuring that and solar developers should include these costs are not passed on to customers. consideration of a solar integration charge when they negotiate their contracts. The Idaho Power’s application did not affect net parties might consider a “placeholder” metering customers who have rooftop solar integration charge and agree to implement projects, but applied only to larger‐sized the charge when the study is completed, (like 10‐ and 20‐megawatt) solar projects the commission said. Another alternative seeking contracts under PURPA, the federal may be to use the integration assessed Public Utilities Regulatory Policies Act. wind developers – $6.50 per MWh – until a solar charge is approved. Idaho Power sought a temporary suspension from its PURPA obligation The commission said the company offered because it claimed that “dozens of solar no explanation as to why it did not begin projects” are either already under contract the study sooner or completed it in a more or attempting to obligate Idaho Power to timely manner. The commission said it buy up to 500 megawatts of electric agreed with several who testified at a public capacity. The utility is expecting a mid‐June hearing last week that the “imminent crisis completion of a study to determine its cost caused by the lack of a completed study is to integrate solar power. The company of the company’s own making.” The claims it is experiencing a rush of contract commission directed Idaho Power to proposals from developers who know solar complete the study “as soon as possible.” integration charges may be coming. If the The commission said Idaho Power’s filing commission did not grant the utility’s “reinforced our previous view” that

24 | Page integration charges should be part of power agree with those who say the benefits and purchase contracts with small‐power value of solar are not considered when producers. “These charges may vary from determining an integration charge. The very little to more, based on project value of solar is reflected in the rates that location, project size and other factors,” the are paid developers, the commission said. commission said. The commission did not

Solar development takes off; 120 MW approved during 2014, another 281 MW proposed

Case No. IPC‐E‐11‐15, Order No. 32974 Case No. IPC‐E‐14‐19, Order No. 33179; Case No. IPC‐E‐14‐20, Order No. 33180

In the first case listed above (IPC‐E‐11‐15), the Boise City Solar LLC is a 40‐MW project to be Commission found that there was no contract built southeast of Kuna on Sand Creek Road or LEO between Grand View Solar II and Idaho with a proposed online date of Jan. 16, 2016. Power because Grand View had conditioned its offer to sell power on basis of receiving all the The project is expected to use mono‐crystalline Renewable Energy Certificates (RECs). solar modules and is a dual‐axis tracking system, which allows the tracker to follow the In the subsequent case, approved in November sun both vertically and horizontally. 2014, parties agreed to split the RECs 50‐50, as the PUC advocated in the initial case. The developer is Mark van Gulik of Intermountain Energy Partners, headquartered The Commission approved sales agreements in Ketchum with development offices in Boise. between Idaho Power Company and the IEP will lease the land on which the project will developers of two solar generation projects be built from the City of Boise. totaling 120 megawatts. IEP will be paid by Idaho Power for the project’s output, while the city will receive lease Grand View PV Solar Two LLC, 20 miles payments as well as half of the revenue southwest of Mountain Home, is 80 MW and is received from the sale of Renewable Energy scheduled to be online by Sept. 1, 2016. The Certificates (green tags) associated with the project is expected to include about 340,480 project. polysilicon photovoltaic panels installed on a single‐axis tracking system. The developer is Idaho Power will also receive 50 percent of REC Robert Paul of Boise. proceeds.

25 | Page

The commission received more than 140 Under the agreements, Idaho Power pays the written comments from the public, all developers a non‐levelized rate over the 20‐ encouraging their approval. “While many of the year term, which means payments increase comments appeared to be based on a form‐ over the course of the agreement and vary letter campaign, many others were original and according to light‐load and heavy‐load hours of thoughtful comments from citizens who the day and seasons of the year. appeared to be concerned about the environment and optimistic about the For Grand View, payments would vary from as contribution” the projects would have on the low as $31 per megawatt‐hour for light‐load economy. “We appreciate the public’s hours during the early months of the agreement participation in our process. “ to as high as $159 per MWh for heavy‐load hours during the latter years of the agreement. The projects are the first of their type since the If the payments were levelized over the 20‐year Idaho commission adopted an updated pricing term of the agreement, payments would be method for intermittent projects (like solar and about $71.48 per MWh, after adjustments wind) that fall under the provisions of PURPA, made by commission staff and Idaho Power. or the federal Public Utility Regulatory Policies The estimated 20‐year contractual obligation Act. based on anticipated generation levels is about $300 million. PURPA requires regulated utilities to buy energy from independent, renewable generation The agreement allows for a 5% deviation in projects at rates established by state monthly energy deliveries. If generation commissions. The rate to be paid small‐power deviates by more than that, a price adjustment producers is called an “avoided‐cost rate,” can be imposed against the developer, but the because it is based on the incremental cost the reduced payment to the developer can be no utility avoids by not having to generate the more than 10%. If there is a consistent and energy itself or buy it from another source. The material deviation from the hourly energy commission must ensure the avoided‐cost rate estimates, the project will be considered to be is reasonable for customers because all amount in breach of the sales agreement. utilities pay to qualifying small‐power producers is included in customer rates. The Grand View agreement also contains a solar integration charge which the developer pays The updated pricing method requires the Idaho Power to cover the cost of integrating the developer and utility to negotiate a rate based solar energy into Idaho Power’s transmission on a methodology that uses the utility’s long‐ and distribution system. The negotiated charge range plan, called an Integrated Resource Plan starts at 99 cents per MWh in the first year of (IRP), which considers, among other factors, the the agreement and escalates to $1.84 per MWh utility’s need for the resource and the times in 2036. when the energy is generated. “We intend that the IRP methodology be a flexible tool, taking The agreement with Boise City Solar LLC also into account many different variables, and includes non‐levelized payments over 20 years. producing a result that accurately values a Payments would vary from as low as $44 per project’s capability to deliver resources in megawatt‐hour for light‐load hours during the relation to the timing and magnitude of the early months of the agreement to as high as utility’s need for such resources,” the $113 per MWh for heavy‐load hours during the commission said. latter years of the agreement. If the payments were levelized over the 20‐year term of the agreement, they would be about $71.43 per

26 | Page

MWh, after staff and company adjustments. hourly energy estimates may be considered as a The 20‐year contractual obligation based on breach of contract. estimated generation levels is about $160 million. The project is allowed a 2% deviation The negotiated solar integration charge starts at from its estimated monthly energy output $1.34 per MWh in the first year of the before a price adjustment can be imposed, also agreement and escalates to $3.11 per MWh in capped at no more than 10%. And, as with 2036. Grand View Solar, material deviations from

Idaho Power submits sales applications for sales agreements with 11 solar projects

Nov. 14, 2014 – Idaho Power Company is cost rate is reasonable for utility customers proposing that the Commission was accept because 100 percent of the price utilities or reject power sales agreements between pay to qualifying small‐power producers is it and 11 solar projects totaling 281 included in customer rates. megawatts. All told, the 11 projects have a 20‐year estimated contract value of $973.5 Six of the projects are owned by Ketchum‐ million. based Intermountain Energy Partners. Mark van Gulik is the developer. Five of the Six of the proposed projects, including the projects are owned by First Wind, largest 71 MW facility, are planned for headquartered in Boston. Elmore County. Three are in Power County, one in Ada County and one in Owyhee The sales agreements propose that Idaho County. All have scheduled online dates in Power pay the developers a non‐levelized December 2016. See the attached table for avoided‐cost rate over the 20‐year term of a detailed listing of the projects, their size the agreements, which means payments and contract value. increase over the course of the agreement and vary according to light‐load and heavy‐ All the projects are qualifying facilities load hours of the day and seasons of the under the provisions of the federal Public year. Utility Regulatory Policies Act. PURPA requires regulated utilities to buy energy The Intermountain Energy projects propose from independent, renewable generation rates that are as low as $33 per megawatt‐ projects at rates established by state hour during light‐load hours to as high as commissions. The rate to be paid small‐ $115 per MWh during heavy‐load hours. If power producers is called an “avoided‐cost the payments were levelized over the 20‐ rate,” because it is based on the cost the year term of the proposed agreements, utility avoids by not having to generate the payments would be about $62 per MWh. energy itself or buy it from another source. The scheduled online date for those The commission must ensure the avoided‐ projects is Dec. 31, 2016.

27 | Page

Idaho Power’s transmission and distribution The First Wind projects propose rates as system. low as $33 per MWh during light‐load hours Revenue from the sales of Renewable to about $143 per MWh during heavy‐load Energy Certificates associated with the hours. If levelized, the payments would be projects would be split 50‐50 between the about $64 per MWh. The scheduled online developer and Idaho Power. date for the First Wind projects is Dec. 1, 2016. The proposed agreements allow for a 2 percent deviation in estimated energy Included in each contract is an integration output before the price can be adjusted. A charge the developer pays Idaho Power to consistent deviation from the hourly energy cover the cost of integrating the energy into generation estimates would be considered a material breach of the agreements.

Project Location Size 20-year estimated contract value Mountain Home Solar Elmore County 20 MW $81 million Case No. IPC-E-14-26 Pocatello Solar 1 Power County 20 MW $75.6 million Case No. IPC-E-14-27 Clark Solar 1 Elmore County 71 MW $250.75 million Case No. IPC-E-14-28 Clark Solar 2 Elmore County 20 MW $69.85 million Case No. IPC-E-14-29 Clark Solar 3 Elmore County 30 MW $103.6 million Case No. IPC-E-14-30 Clark Solar 4 Elmore County 20 MW $68.15 million Case No. IPC-E-14-31 Murphy Flat Power Owyhee County 20 MW $68 million Case No. IPC-E-14-32 Simco Solar Elmore County 20 MW $68.7 million Case No. IPC-E-14-33 American Falls Solar Power County 20 MW $63.8 million Case No. IPC-E-14-34 American Falls Solar II Power County 20 MW $60.7 million Case No. IPC-E-14-35 Orchard Ranch Solar Ada County 20 MW $63.5 million Case No. IPC-E-14-36

28 | Page

Parties negotiating solar integration charge

Case No. IPC‐E‐14‐18, Order No. 33173

Nov. 6, 2014 – A technical hearing power supply costs that are eventually regarding Idaho Power Company’s passed on to customers, Idaho Power application to implement a solar integration claims. charge that had been scheduled for Nov. 13, 2014, was vacated to allow an To prevent customers from paying those opportunity for parties to the case to enter costs, Idaho Power is proposing a solar into settlement negotiations. integration charge that would be discounted from the amount the utility pays Parties include Idaho Public Utilities to solar developers. Commission staff, the Idaho Conservation League, the Snake River Alliance and the Idaho Power proposes charges that Sierra Club. gradually increase as solar generation increases. It proposes that developers pay The integration charge Idaho Power about 40 cents per megawatt‐hour when proposes would be assessed larger solar there is 100 megawatts or fewer of solar developers to compensate Idaho Power for generation on Idaho Power’s system. That costs it incurs to integrate solar output into cost increases to $1.50 per MWh when its transmission and distribution system. solar penetration is between 100 and 300 This application does not impact residential MW; $2.80 per MWh at a solar penetration or small‐commercial customers who have of between 300 and 500 MW; and $4.40 per rooftop solar installations. MWh at a solar penetration of between 500 and 700 MW. Those proposed amounts are Solar and wind generation is intermittent, for contracts signed this year and would meaning that that they vary in energy gradually change during the length of the output depending on sun and wind sales agreement. conditions. That intermittency requires that Idaho Power have back‐up generation to The rapid growth of wind development and ensure system reliability. Utilities must solar potential “had led to the recognition provide operating reserves from baseload that Idaho Power’s finite capability for (non‐intermittent) generation resources – integrating variable and intermittent such as a natural gas or hydro plant – that generation is nearing its limit,” the can be quickly ramped up or down to offset company claims in its application. “Even at changes in generation from variable the current level of wind generation ... generation. Restricting the use of baseload dispatchable thermal and hydro generators resources to provide back‐up for are not always capable of providing the intermittent generation results in higher balancing reserves necessary to integrate

29 | Page

variable generation,” the company claims. particularly during periods of low customer “This situation is expected to worsen as demand.” wind and solar penetration levels increase,

Commission adopts updated expenses developers pay to integrate wind into grid

Case No. IPC‐E‐13‐22, Order No. 33150

Oct. 16, 2014 – The commission adopted updated rates to be charged wind developers who sell energy to Idaho Power Company to account for the utility’s expense of integrating the wind onto its distribution and transmission system. The commission also approved a new method for calculating the wind integration charge.

“We find that the current mechanism for utility must provide reserves from other recovery of integration costs has resulted in resources ‐‐ such as hydro or natural gas ‐‐ under‐collection of the actual costs that can increase or decrease generation on required to integrate wind onto Idaho short notice to offset changes in wind Power’s system,” the commission said. That generation. The effect of having to use is not in the best interest of Idaho Power other resources as operating reserve ratepayers because expense to integrate restricts those same resources from being wind that is not paid by wind developers is economically dispatched to their fullest borne by customers. capability, resulting in higher power supply costs passed on to customers. The federal In seeking the updated rates, Idaho Power Public Utility Regulatory Policies Act said its ability to integrate wind into its (PURPA) requires Idaho Power to buy the system was nearing its limit. The utility has wind from qualifying renewable energy about 678 megawatts of wind capacity on projects. its system now, 505 MW of that coming Under the previous method, the wind integration charge was calculated by using a online since 2010. The integration rate has percentage of the avoided‐cost rate set by not been updated since 2007. the commission. The avoided‐cost rate is the rate paid to renewable energy The intermittency of wind forces Idaho developers based on the cost the utility Power to modify its system operations to avoids by not having to generate the power ensure transmission grid reliability. The itself or buy it from another source.

30 | Page

However, Idaho Power claimed that basing new projects for every 100 MW of the integration charge on the avoided‐cost additional wind penetration up to 1,100 rate has no relation to the actual costs of MW. the additional reserves needed to integrate variable resources on its system. Intervenors representing the Renewable Northwest Project and the American Wind Under the new method approved by the Energy Association said Idaho Power’s commission, wind developers will pay a proposal results in rates that are too high tariff rate that is not based on a percentage because the method it uses to calculate its of avoided‐cost. Instead, the rate is reserve requirement to accommodate wind established in a tariff that increases as the results in a reserve three times greater than utility’s overall wind penetration level necessary. The intervenors said the utility is increases because costs increase as more not using actual wind integration expense wind is added to the system. However, an to calculate the integration rate, but instead increase to the integration rate when wind is using costs associated with having to re‐ generation hits specific thresholds is applied sell surplus wind energy that PURPA only to new projects as they sign on. The compels Idaho Power to buy even when the rate each developer pays is determined at wind is not needed. the signing of the contract so that developers have certainty as to what they The commission said the intervenors are will pay over the term of what is typically a not taking into account other costs the 20‐year contract. utility incurs because of PURPA’s must‐buy requirements. “We find that if a utility For example, at the utility’s current wind incurs additional operational costs as a penetration level of between 600 MW and result of having to balance intermittent, 700 MW, a developer of a project that signs must‐take PURPA generation, those costs in 2014 would pay an integration rate of are reasonably classified as integration $11.99 per megawatt‐hour. For a non‐ costs,” the commission said. “It is also in levelized contract, that rate increases to accord with this commission’s position that $21.03 per MWh through the contract’s end PURPA transactions should not harm at 2033. The integration rate increases for ratepayers.”

31 | Page

Electric rate adjustments

Commission OKs 1.7% annual adjustment increases, but will open cases to further review PCA and FCA

Case No. IPC‐E‐14‐03, Order No. 33047 and Case No. IPC‐E‐14‐05, Order No. 33049

June 2, 2014 – Rates increased slightly effective June 1 for Idaho Power Company customers as part of the utility’s Annual Adjustment Mechanism, which covers power expense and costs related to energy savings programs that change from year to changes in Snake River streamflows. Other year. costs that change each year are the market price of power, fuel costs, transmission The Annual Adjustment Mechanism is costs for purchased power and the revenue updated every June 1 and consists of two it earns from selling surplus power. primary components, the Power Cost Adjustment (PCA) and the Fixed Cost Power supply expenses for this PCA year Adjustment (FCA). The adjustments can be (April 1, 2013 to March 31, 2014) were an increase or decrease depending on $27.1 million above the amount already circumstances. collected from customers. To offset a larger increase, Idaho Power proposed to transfer For a residential customer who uses the $16.1 million of surplus funds in the Energy company’s average of 1,050 kilowatt‐hours Efficiency Rider account toward the PCA, per month, the increase to both reducing the amount owed by customers to adjustments will total about $1.77 per $11.1 million. The increase was offset month, or about 1.7% above current rates. further by $7.6 million allowed customers from a revenue sharing plan created by the Power Cost Adjustment company and the commission about five years ago. These steps reduced the overall Since 1993, the PCA allows Idaho Power to PCA increase to 0.56% for residential adjust rates up or down to reflect that customers. The average increase for all portion of costs that change every year due customer classes combined is 1.04%. to factors largely beyond the company’s control. Because about half of Idaho The Idaho Conservation League opposed Power’s generation is from hydropower transferring energy efficiency rider funds to facilities, Idaho Power’s actual cost of offset the PCA because it would mask true providing electricity varies depending on power costs and send an incorrect price signal to customers on the need to

32 | Page

conserve. Other parties, such as the sales, but realized only $66.8 million. commission staff and the Industrial Ninety‐five percent of the revenue from off‐ Customers of Idaho Power (ICIP), said the system sales is shared with customers and surplus rider funds should be used to offset applied against the annual PCA. the Energy Efficiency Rider on customer bills rather than the PCA. Commission staff raised concerns about some of the methods the company uses to The commission said it normally expects compute the PCA deferral balance that staff Idaho Power to use rider funds for energy said could have reduced the PCA by $14.2 efficiency purposes, “But, as customers million. Because the adjustment have noted, this year’s rate increase will calculations are complex and the parties cause a hardship for some customers.” had little time to review them, the Further, a reduction in the energy efficiency commission allowed the requested deferral rider adds unnecessary complexity to the amount. However, the commission will case, the commission said. ICIP said the open a new case to allow all parties to more rider, now 4% of a customer’s billed closely examine commission staff claims. amount, should be permanently reduced to 3%. The commission said that issue would The commission reminded customers need to be taken up in a separate docket. frustrated by the rate increase that the PCA does not influence the company’s profits Less hydro generation and lower‐than‐ and can be used only to pay down already expected surplus sales were the primary incurred power supply expense. The causes of more power supply expense this company’s normal power costs are already year. Idaho Power forecast 6.8 million recovered in base rates. The PCA recovers megawatt‐hours of hydroelectric only above‐normal costs the company generation in the PCA year, but generated incurs to provide power to its customers. If only 5.7 million MWhs through March. those variable expenses are below normal, When there is less hydro generation, the customers get a one‐year credit. “The utility must use more expensive resources company is supposed to request only its to serve its customers. In a normal year, actual power costs and the commission and Idaho Power gets 50.7% of its electricity its staff work to ensure that the company from hydro generation. During the 2013‐14 only recovers those actual power costs,” PCA year, the company claims it generated the commission said. only 38.1% from hydro sources. The new PCA rate for residential customers Even though snowpack levels in the basins will be, slightly less than a half‐cent per above Brownlee Reservoir have improved kilowatt‐hour at 0.485 cents. to near normal levels, reservoirs further upstream from Brownlee are at significantly Fixed Cost Adjustment lower than normal levels. The FCA is designed to ensure Idaho Power Less hydro generation also resulted in recovers its fixed costs of delivering energy lower‐than‐expected surplus sales. Idaho even when energy sales and revenue Power anticipated $98.5 million in power decline due to reduced consumption.

33 | Page

Idaho Power PCA Over the Years

2003 – 18.9 percent decrease. $81.3 million. 2004 – No change. $70.8 million. 2005 – No change. $73.1 million. 2006 – 19.4 percent decrease. $‐46.8 million credit. 2007 – 14.5 percent increase. $30.7 million. 2008 – 10.7 percent increase. $106 million. 2009 – 10.2 percent increase. $194 million. 2010 – 6.5 percent decrease. $41.9 million. 2011 – 4.8 percent decrease. $50.4 million. 2012 – 5.1 percent increase, ($43 million) but that is offset from a revenue sharing agreement for a net increase to customers of 1.7 percent. 2013 – 15.3 percent increase. $140 million. 2014 – 1 percent increase, $27.1 million

Before the FCA, Idaho Power did not have an average 27‐cent per month decrease. financial incentive to invest in energy This year, the company proposed an efficiency because it lost revenue as increase in the FCA rate of about 1.2% for consumption declined. Even though residential customers to 0.2913 cents per consumption may decline, fixed costs to kWh, up from 0.177 cents. The rate for serve customers do not. To remove that small‐business customers increases to disincentive, the FCA was created to allow 0.3709 cents per kWh, up from 0.226 cents. the utility to recoup its fixed costs. As in the PCA case, commission staff and The FCA has helped make it possible for other parties found what they perceive to Idaho Power to create about 30 programs be flaws in the FCA mechanism. As a result, that increase efficiency and reduce demand the commission will open a new case to on its system, especially during peak investigate the issues raised. Among those periods when demand is highest and most are the way the FCA mechanism is expensive to both company and customers. calculated using averaged instead of actual weather conditions, using a median rather If the actual fixed costs recovered from than an average number in customer customers by Idaho Power are less than the counts, calculating the increase and the 3% fixed costs authorized in the most recent cap on FCA increases using forecasted sales rate case, residential and small‐commercial and revenues, and concern that residential customers get a surcharge. If the company and businesses classes may be subsidizing collects more in fixed costs than authorized, other customer classes. customers get a credit. Last year’s FCA was

34 | Page

Commission staff said the FCA may no review when the commission converted it longer be serving its intended purpose. The from pilot to permanent status in 2013. company’s energy savings did grow rapidly during a 3‐year pilot phase for the FCA, The commission said making the program peaking in 2010 before dramatically permanent did not mean it would not be dropping off in 2013. Idaho Power said it subject to review. “When staff, other continues to aggressively pursue savings parties, or the commission have serious programs and that customer participation concerns that the FCA is not working as was up in 2013. The decline in energy intended, or may be allowing the company savings, the company claims, is due to a to over‐recover its fixed costs to the change in the way savings are measured. detriment of customers ... a timely review is critical,” the commission said. “We will Idaho Power claims that opening a new continue to monitor the FCA results each case to examine the FCA mechanism is not year. If these reviews suggest clearer, more necessary because the program received a equitable refinements of the FCA, we will not hesitate to implement them.”

Idaho Power revenue sharing program extended five years

Case No. IPC‐E‐14‐14, Order No. 33149 provide customers an opportunity for future rate relief while also increasing the (Oct. 10, 2014) – The Commission approved potential for rate stability. a proposed settlement to extend for another five years a program that allows The program allows Idaho Power to Idaho Power Company to use its accelerate up to $45 million in investment accumulated investment tax credits to tax credits over a five‐year period, but no shore up its rate of return and also share more than $25 million can be used in a revenue with customers when that return single year. The tax credits may be used exceeds certain levels. when the company’s return on equity falls below 9.5%. If the return exceeds 10%, the The settlement was proposed by Idaho company shares a portion of those Power, commission staff and parties revenues with customers. The program representing irrigation and industrial provides the company an opportunity to customers. achieve earnings near its authorized rate of return in years when revenue from rates The revenue sharing program, in place since alone would not provide that same 2009, ensures the utility will meet at least a opportunity. 9.5% return on equity while, at the same time, sharing with customers portions of Since the revenue sharing program began in revenue earned beyond a 10% ROE. The 2010, Idaho Power’s return on equity has commission said the mechanism will not fallen below 9.5% so the tax credits

35 | Page

have not been accelerated. However, one‐fourth with the company. Fifty percent customers were provided more than $93 of the customer share would be applied million in benefits under the revenue against the PCA while the remaining 25% sharing provision either as a direct offset to would be an offset to the amount rates or as an offset against future rates. customers contribute to the company’s pension balancing account. Idaho Power receives income tax benefits based on the level of its capital investment Up until the revenue sharing mechanism in generation plant and other facilities. started in 2010, Idaho Power had not been These accumulated deferred investment tax able to earn its authorized rate of return for credits (ADITC) are typically spread over the the previous decade in both its Idaho and book life of the associated plant investment Oregon jurisdictions. Customers benefit – which can sometimes be 30 years or even if there is not a revenue sharing, the longer – and used to reduce income tax company claims, because an ROE of 9.5% expense included in customer rates during reduces the company’s cost of capital, that period. As part of a 2011 moratorium which affects the rates customers pay. The on base rate increases, Idaho Power and positive ROE also improves the company’s other parties approved a settlement that access to working capital for short‐term allowed the utility to shore up its earnings financing needs. by accelerating up to $45 million of investment tax credits. The company agreed to continue to make its year‐end earnings results available for The extension of the mechanism proposes audit by the commission staff and the that if Idaho Power’s ROE is between 10% settlement further provides that a copy of and 10.5%, customers will get 75% of the of the audit report may also be made available the excess amount and the company would to others parties to the settlement during get 25%. The customers’ share would be the annual Power Cost Adjustment review. provided in the form of a rate credit to the Those parties included Idaho Power, Power Cost Adjustment (PCA) which commission staff, the Idaho Irrigation becomes effective every June 1. Pumpers Association and the Industrial Customers of Idaho Power. If earnings exceed 10.5%, three‐fourths would again be shared with customers and

36 | Page

Avista annual electric adjustment is an increase

Case No. AVU‐E‐14‐06, Order No. 33140 Avista’s PCA increase recovers $7.7 million Oct. 1, 2014 – Electric rates for customers in power supply expense needed to serve of Avista Utilities increase 4.2% effective customers that is not already included in Oct. 1, 2014. rates. Further, a $4.6 million credit that occurred as a result of The variable portion of last year’s PCA decrease expired electric rates go up or down this year. For a residential every year based on the customer who uses Avista’s previous year’s variable costs average of 930 kWhs per month, to serve customers. an average monthly bill would increase by $3.76, from $81.88 to $85.64. The annual Power Cost Adjustment (PCA) changes every year based on: 1) More than half of the PCA amount is streamflows, 2) fuel costs, 3) the market attributable to $4.1 million in power Avista price of power and 4) revenue and had to provide to replace the power lost as expenses related to contracts with power a result of a forced outage at the Colstrip suppliers. coal plant in eastern Montana from July 1, 2013 to Jan. 22, 2014. During years when variable expenses are less than what is already included in rates, Intervenors in the case, including customers get a one‐year rate credit or Clearwater Paper Corporation and Idaho decrease. During years when variable Forest Group LLC, said that portion of costs expenses are greater than anticipated, should not be included in the PCA, pointing customers get a one‐year surcharge. to a 2004 commission order that denied Avista’s earnings, dividends to shareholders Idaho Power Company recovery of all the or employee salaries are not increased by expenses related to an outage at the Valmy the PCA or PGA. Variable electric supply coal plant in Nevada. expense is kept in a deferred account audited by the commission, to ensure the However, the commission said the Valmy expenses were necessary to serve outage differed than the Colstrip incident. customers and used only to pay for power The undisputed evidence in that case supply expense. showed that the Valmy outage was caused by an apparent failure to follow established While the PCA recovers variable costs of safety procedures, a lack of proper serving customers, fixed costs and some supervision and poor communication, the variable expense is included in base rates. commission said. In contrast, a third‐party Variable rates plus base rates make up the “Root Cause Analysis,” determined that the vast majority of customers’ overall rate.

37 | Page

Colstrip outage could not have been proposed that $500,000 of its PCA charge avoided. be allocated to other customer classes. The commission denied Clearwater’s request, Environmental groups, including the Snake noting that the cost‐of‐service study to River Alliance, Idaho Conservation League which Clearwater points is based on a 2012 and Sierra Club, said the commission should rate case and that an updated study could take more time to do its own study to show different results. determine if the Root Cause Analysis is valid. However, the commission said that Other contributors to the PCA increase the independent study, plus discovery included: conducted by Clearwater Paper and the Idaho Forest Group, all determined that  The Palouse Wind project in eastern there is no evidence the company Washington came online during imprudently incurred the Colstrip 2013, adding $2.17 million to power replacement power costs. supply expense.

The environmental groups noted that this is  A 19% increase in retail electric the second major outage at the Colstrip unit demand resulted in an additional in the last five years and questioned the $1.3 million in power supply wisdom of continued reliance on Colstrip expense. coal. The commission said the extent to  Clearwater Paper in Lewiston chose which Avista continues to rely on Colstrip is to use its own generation, which beyond the scope of the PCA proceeding. reduced anticipated purchases from “The PCA is a cost tracker, and a PCA case Avista by about $2.3 million. narrowly focuses on whether a utility should increase or decrease its rates to reflect its tracked, actual power supply costs,” the commission said.

Clearwater Paper argued it is paying more than what it costs Avista to serve it and

Commission adopts Avista rate settlement that leaves current base rates in place until 2016

Case No. AVU‐E‐14‐05 increase electricity or natural gas base rates AVU‐G‐14‐01, Order No. 33130 until Jan. 1, 2016, at the earliest.

Sept. 19, 2014 – The Commission adopted a Two customer credits that expire on Jan. 1, settlement of an Avista Utilities’ rate 2015 would have resulted in increases for application that states the utility cannot both electric and natural gas customers, but

38 | Page

the parties to the settlement proposed other means to make up for revenue lost The settlement provides that 80% of due to the credits’ expiration. A expenses (up to $3.3 million) related to commission staff investigation said the Avista’s new customer information system, settlement, rather than a fully litigated Project Compass, be deferred until 2016. case, is in customers’ interest because That deferral is due in part to the Avista may have justified increases of about uncertainty of the in‐service date for the $3.5 million in increased electric revenue new billing and customer information and $200,000 in natural gas revenue. system. The settlement also defers to 2016 a three‐year amortization of $1.25 million A one‐time credit resulting from a previous ($418,000 per year) of expenses related to agreement between Avista and the operations of the Coyote Springs 2 natural Bonneville Power Administration expires on gas plant near Boardman, Oregon and the Jan. 1, 2015, which would have resulted in a Colstrip 3 and 4 coal generating plants in 1.3% increase. A second credit to natural southeastern Montana. gas customers also expires on Jan. 1, and that would have resulted in a 1.7% increase The settlement does not include increases in natural gas rates. that could come from Avista’s yearly PCA or Purchased Gas Cost Adjustment (PGA). The Those increases were eliminated by using settlement includes only base rates that funds from a revenue sharing program apply primarily to Avista’s fixed costs. Avista has with its customers. If the consolidated earnings from both Avista’s Parties to the base rate settlement electric and natural gas sectors exceed agreement include Avista, commission staff, 9.8%, half those earnings are deferred to the Clearwater Paper Association, Idaho future credits for customers the following Forest Group, the Idaho Conservation year. If earnings are below 9.5%, Avista is League, Snake River Alliance and the allowed to apply previous years’ earnings’ Community Action Partnership Association deferral to move its earnings up to 9.5%. of Idaho (CAPAI), which represents customers on low‐ and fixed‐incomes. The settlement applies a portion of Avista’s 2013 deferral for earnings above 9.8% ($3.2 CAPAI said the settlement was in the best of million) against the BPA credit expiration. low‐income customers and supported a The remaining $713,000 in customers’ requirement that interested parties meet share of 2013 earnings is proposed to be before Oct. 14 to review Avista’s applied against Avista’s annual Power Cost conservation programs for low‐income Adjustment (PCA) now before the residential customers. commission in a separate docket. The Snake River Alliance also supported the The increase that would have occurred settlement but expressed concerns about when the natural gas credit expires will be opportunities for public participation when paid for by $440,000 in revenue sharing and rate cases are settled rather than fully from a $653,000 balance in the natural gas litigated. Energy Efficiency account.

39 | Page

Rocky Mountain Power ECAM is a 2.6% decrease

Case No. PAC‐E‐14‐01, Order No. 33008 the surcharge is less than last year’s April 7, 2014 ‐‐ Rates for Rocky Mountain surcharge meaning customers will be Power’s eastern Idaho customers decreased assessed about 2.6 percent less than the by an average 2.6 percent on April 1 as part amount previously collected. Also approved of the utility’s are deferrals for annual Energy large‐contract Cost Adjustment customer Monsanto Mechanism of $4.9 million and (ECAM). for Agrium of $400,000. They will receive 1.6 percent and The Energy Cost Adjustment appears as a 2 percent ECAM increases respectively. separate line‐item on customer bills. The None of the money collected in the ECAM ECAM adjusts actual power supply expense can be used to increase Rocky Mountain from forecasted power supply expense. The Power’s earnings. The ECAM is kept in a ECAM must be adjusted annually because deferred account audited by the some of the cost Rocky Mountain Power commission and used only to pay power incurs to provide energy to its customers supply expense not already included in base vary from year to year. These include rates. expenses for fuel and for power purchased from the wholesale market. Also, the The total deferral balance approved by the revenue the utility earns from its power commission of $12.23 million is less than sales changes annually. Rocky Mountain the company’s originally proposed $13.2 forecasts what those amounts may be and million, resulting in rates lower than those includes that forecast in base rates. proposed by the company. This is the third Because the forecast is never precisely consecutive year the ECAM is either no correct, there is an annual true‐up of change or a decrease for tariff customers. forecasted power supply expense to actual power expense. When the actual expense is The largest factor driving power supply greater than that included in base rates, costs down was reduced natural gas customers get a one‐year surcharge. When expense of 18 percent. That fuel price actual power supply expense is less than decrease moderated increases in other anticipated, customers get a one‐year power supply expense categories including: credit.  A 41 percent decrease in revenue This year, the Idaho Public Utilities from wholesale power sales, largely Commission approved an ECAM deferral due to the fact that wholesale balance of $7 million that represents a market prices were 12 percent surcharge for all tariff customers. However, lower. Ninety‐percent of the

40 | Page

revenue from wholesale power company fell far short of its market sales is shared with forecasted REC sales of $6.5 million, customers, while the company realizing only $1.3 million due to retains 10 percent. The utility can REC market prices being significantly sell into the wholesale market only lower. when the company is generating surplus power after having met The commission also directed Rocky customer demand; Mountain Power, commission staff and Monsanto to participate in workshops to  A 9 percent increase in purchased resolve an issue over how the “wholesale power expense; line loss adjustment” is calculated. As power is transported over the utility’s transmission lines, there is always some line  An 11 percent increase in fuel loss. The adjustment determines how much expense related to servicing the of the associated cost should be allocated utility’s coal plants; to the utility’s Idaho customers. The parties differ over their interpretation of past commission orders as to how the wholesale  A significant decline in revenue from line adjustment is applied. the utility’s sales of Renewable Energy Certificates (RECs). The

Energy Cost Adjustment Mechanism 2010-14 for Tariff Customers

Year Approved Power Supply Expense ECAM charge Net change

2010 $2 million 0.10 cents/kWh

2011 $10.4 million 0.57 cents/kWh 5.8% increase

2012 $13 million* 0.57 cents/ kWh No change

2013 $15.8 million* 0.57/cents/kWh No change

2014 $12.2 million 0.32 cents/kWh 2.6% decrease

*While overall power supply expense increased in both 2012 and 2013, the increased costs were allocated to Rocky Mountain Power’s contract customers, Monsanto and Agrium, and not to tariff customers.

41 | Page

Rocky Mountain customers to get one‐time credit from efficiency service over‐collection

Case No. PAC‐E‐13‐15, Order No. 32967 reduce the rider or refund customers. The rider has already been reduced from a high January 24, 2014 – The Commission of 4.72 percent in 2010 to 2.1 percent approved a Rocky Mountain Power today. application to issue a one‐time credit to customers of the eastern Idaho utility due The one‐time credit will not impact Rocky to an over‐collection in an account that Mountain’s future expenditures in pays for energy efficiency programs. efficiency programs. Rocky Mountain anticipates that efficiency expenses will be Customers pay a “Customer Efficiency remain constant this year with a forecasted Services” charge of 2.1 percent of their total increase in 2015. billed amount every month. Heavy summer loads during 2012 and 2013 resulted in The programs funded by the rider are higher than forecasted revenues in that designed to delay or eliminate the need for account. The commission granted the the utility to build new generation. All of utility’s request to issue a one‐time refund the programs funded by the Customer to customers that will be about $8.32 for Efficiency Services rider must pass cost‐ the average residential customer. The effectiveness tests that show customers amount of the credit will vary depending on would be paying more for electricity if the the amount of energy use. The credit will be programs were not in place. applied against either the February or March bill depending on each customer’s Rocky Mountain Power is surpassing its billing cycle. goals for energy efficiency. In 2012, the goal was to reach 8.5 million kilowatt‐hours of The money collected in the rider account savings and the company attained 10.54 can go only toward funding cost‐effective million kWhs. As of September 30, 2013, programs that increase energy efficiency. If the company had achieved 11.47 million the account collects significantly more than kWhs of savings, already surpassing 2012 the company anticipated, it must either totals.

42 | Page

Demand‐Side Resource Issues

2012 DSM: Idaho Power energy efficiency expense determined ‘prudent’ by commission

But commission concerned about possible “retreat” from DSM

Case No. IPC‐E‐13‐08, Order No. 32953 not exceed the benefit. One of the tests, the Total Resource Cost test, must show (January 7, 2014) – The Commission that all customers benefit from the determined that the vast majority of the programs, not just those who directly $46.35 million that Idaho Power Company participate in them. spent on energy efficiency and demand‐ response programs during 2012 was While the commission approved nearly all prudently incurred, but at the same time, of the expense as prudently incurred, it directed Idaho Power to address took notice of Idaho Power’s decisions perceptions that the utility is “retreating” during 2013 to temporarily curtail the air from its commitment to programs that conditioner cycling and irrigation load reduce electric demand. control programs and the decision to discontinue participation in regional The Commission energy conservation efforts. “We determined that are concerned that the company’s $46,092,000 of the recent actions have fostered a $46,356,000 the company spent on the stakeholder perception that the company is energy savings programs was prudently retreating from its DSM (demand‐side incurred, meaning they can be included as management) commitments,” the expense to be recovered through the 4 commission said. percent Energy Efficiency Rider or through the annual Power Cost Adjustment set The commission is concerned that some of every June 1. The commission’s annual these decisions were made without prudency review of these programs does adequate input from Idaho Power’s Energy not immediately impact customer rates. Efficiency Advisory Group, which includes stakeholders from customer and Idaho Power has 15 energy efficiency environmental sectors. “Based on the programs, two energy efficiency education record in this case, we remain concerned programs and three demand‐response that the company does not fully utilize the programs, all of which are reviewed to EEAG and proactively and collaboratively determine cost‐effectiveness. The programs involve the EEAG in DSM‐related decisions,” must pass three cost‐effectiveness tests to the commission said. It directed the ensure that the cost of the programs does company to file a report before the end of

43 | Page

February outlining the company’s which less energy is used to perform the perspective on the EEAG’s purpose and same function. Idaho Power said it spent value, whether or not it is working and how about $31.8 million on energy efficiency it could be improved. programs and that those programs provided 170,228 megawatt‐hours in The air conditioner cycling and irrigation energy savings during 2012. Some of Idaho load control programs have been resumed Power’s energy efficiency programs include for the 2014 summer season after the offering customer rebates for increased use commission, company and interested of heating and cooling efficiencies and parties agreed on revisions to make the energy efficient lighting and appliances as programs more cost effective. wells as creating efficiencies in commercial and industrial buildings. In late 2012, Idaho Power said it was pulling out of the regional Northwest Expenses related to Idaho Power’s three Energy Efficiency Alliance (NEEA) after the demand‐response programs are included in contract between the two expires later this the annual Power Cost Adjustment. A year. Idaho Power also declined to help demand‐response program is one that fund research efforts at the CAES Energy shifts energy use to non‐peak times of day, Efficiency Research Institute (CEERI). CAES is reducing demand on a utility’s generation the Center for Advanced Energy Studies, system. Idaho Power incurred nearly $14.5 headquartered in Idaho Falls. Idaho Power million in expense for those programs and, said it declined to fund the research according to Idaho Power, provided about because it could not agree with the 438 MW of capacity during 2012. One participating universities about publication megawatt is enough power to energize rights associated with the research. The about 650 average‐sized homes. Demand‐ commission said Idaho Power’s decisions response programs included one that regarding NEEA and CEERI may have merit, credits irrigators for shifting use of their but the company should have consulted irrigation systems to non‐peak periods of with EEAG in reaching those decisions. the day and an air conditioner cycling program that offers residential customers a Idaho Power’s 15 energy efficiency monthly credit for agreeing to let the utility programs are funded primarily through a 4 remotely cycle their air conditioning during percent Energy Efficiency Rider on customer the summer months. bills. An energy‐efficiency program is one in

2013 DSM: Idaho Power expenditures toward conservation programs are prudent

Case No. IPC‐E‐14‐04, Order No. 33161 of investment in demand response programs during 2013 was prudently (Nov. 13, 2014) – The Commission incurred. The programs are primarily determined that Idaho Power’s $26 million

44 | Page

funded through a 4 percent Energy Power says part of that reduction is Efficiency Rider on customer bills. attributable to third‐party evaluators’ more stringent methods of measuring the Idaho Power’s 18 energy efficiency programs to determine their effectiveness programs and educational initiatives and due to the one‐year suspension of two contributed toward an estimated 107,284 demand‐response programs. Further, the megawatt‐hours in energy savings during company notes, customer participation is 2013. One demand‐response program up even though actual energy savings are resulted in a 48‐megawatt reduction in down. demand on Idaho Power’s generation system. (An energy‐efficiency program is “The commission is cognizant of the recent one in which less energy is used to perform decline in energy savings ... and notes that the same function. A demand‐response Idaho Power issues a strong rebuttal of program is one that shifts use to non‐peak these claims, offering several reasons to times of day, reducing demand on a utility’s explain the recent decline in its DSM generation system. Combined, all these expenditures and a defense of its marketing programs are called Demand Side efforts,” the commission said. “We are Management programs, or DSM.) encouraged that the reply comments seem to demonstrate the company’s renewed While the commission said the company’s interest in procuring all cost‐effective expenditures were prudently incurred, it DSM.” withheld judgment on claims by commission staff, the Idaho Conservation Some of Idaho Power’s energy efficiency League and the Industrial Customers of programs include offering rebates to Idaho Power that the company’s customers for increased use of heating and commitment to DSM “seems to be waning,” cooling efficiencies, energy efficient lighting and it allegedly does not do enough to and creating efficiencies in commercial and market the programs to customers. industrial buildings. The one demand‐ response program used during 2013, called The commission chose to rule on the Flex Peak, allows large commercial and prudency issue alone, determining that the industrial customers to reduce their electric other issues raised are significant enough to loads for short periods during peak summer warrant a more in‐depth review before days. The demand‐response programs Idaho Power submits its next Integrated suspended were a residential air Resource Plan filing. That plan, filed every conditioner cycling program and an two years, lays out how the company will irrigation control program that allowed meet customer demand over the next 10 volunteer customers to shift some air and 20 years. conditioning and irrigation to non‐peak periods of the day. Both those programs The company’s energy savings and demand have been renewed but with changes to reduction are down from the 2012 totals of make them more cost‐effective. 170,220 MWh in energy efficiency savings and 438 MW in demand response. Idaho

45 | Page

Avista Utilities’ expense to implement efficiency programs declared prudent

Case Nos. AVU‐E‐13‐09, Order No. 33009 that for every $1 (April 11, 2014) – The Commission invested in determined that Avista Utilities’ prudently the incurred $25.17 million in expense related programs, to its electric and gas efficiency programs the benefit to all customers is $1.91. during 2010‐12. Some of the programs for residential The commission’s finding means those customers include financial incentives for expenses can be included in the electric installation of high‐efficiency equipment, rider of 0.245 cents per kilowatt‐hour on compact fluorescent lamps, refrigerator customer electric bills. The gas rider is recycling, weatherization, and electric‐to‐ temporarily zeroed out because low natural natural gas conversions. Commercial and gas prices render the expense related to the industrial customers who participate can gas efficiency programs less prudent. The take advantage of customized, site‐specific prudency finding does not impact customer programs. rates. The commission did not include about The electric efficiency programs provided $100,000 Avista paid the state Department more than 109,100 megawatt‐hours of of Energy Resources for efficiency projects savings during 2010‐12. Natural gas at schools because Avista paid the efficiency programs resulted in 950,822 incentives without verifying that the therms not being used. efficiency measures had been installed and without receiving contractor receipts or The commission determined that $25.17 invoices to confirm the purchases and labor million of the $25.4 million the company associated with the projects. The spent on energy and natural gas efficiency commission believes the efficiency programs was prudently incurred. measures were purchased and installed and will allow those expenses to be included in The 30 programs funded by the rider must the prudency determination once pass cost‐effectiveness tests that verification is provided. The commission demonstrate all customers benefit, not just also didn’t include $14,120 paid to Lewis those who participate in the programs. Clark State College for the same reasons. The commission also said Idaho customers One test, the Total Resource Cost test, should not have to pay for more frequent measures whether the total costs in Avista’s third‐party evaluation required by north Idaho service territory decrease as a Washington state, also part of Avista’s result of the programs. That test showed service territory. Although the evaluations

46 | Page

provide some benefit to Idaho customers, Overall, the commission expressed Avista agreed to shift about $100,000 from satisfaction with Avista’s management of the Idaho rider to the Washington rider. the programs, which provide cost benefits The commission also encouraged Avista to to customers. “Like commission staff and abide by the 50 percent cap on site‐specific the Idaho Conservation League, we applaud efficiency projects’ cost and to more Avista’s longstanding ‘top down’ carefully manage its labor costs related to commitment to demand‐side management all the efficiency programs’ and stakeholder involvement in energy implementation. efficiency issues,” the commission said.

Rocky Mountain prudency application is for $26 million in demand‐side resource expense

Case No. PAC‐E‐14‐07, Order No. 33122

(Oct. 24, 2014) – Rocky Mountain Power’s application for a prudency determination on nearly $26 million of the company’s 2010; 8,688 MWh in 2011; 11,420 MWh in investment in demand‐side management 2012 and 18,324 MWh during 2013. That (DSM) programs during 2010‐13 was not reduced consumption reduces power completed when this report was prepared. supply expense for all customers and eliminates or delays the need to build new DSM generally refers to utility activities and generating facilities. programs that encourage customers (the “demand” side as opposed to the Three of the programs are available to “generation” side) to use less energy or residential customers. “Home Energy shift use away from peak hours, thus Saver” provides products and services such reducing demand on Rocky Mountain’s as attic insulation and floor insulation, generation system. Customers pay for the energy efficient windows, CFL lighting and programs through a rider that appears on other services. “Refrigerator Recycling” customer bills as “Customer Efficiency offers customers rebates for removal and Services.” The rider is currently set at 2.1% recycling of inefficient refrigerators and of a customer’s monthly billed amount. freezers. “Low Income Weatherization” provides energy efficiency services to The Commission’s prudency review is to residential customers meeting income determine if the funds invested in demand‐ guidelines. side programs were reasonable and beneficial to customers. Three other programs target commercial, industrial and agricultural customers. These Rocky Mountain Power claims the programs include “FinAnswer Express” to help saved the utility 11,963 megawatt hours in commercial and industrial customers

47 | Page

improve the efficiency of their lighting, Rocky Mountain reports that five of the HVAC, electric motors, building envelopes programs were cost‐effective in all years, and other equipment. “Energy FinAnswer” one during two of the three years and is available to commercial and industrial another, Low Income Weatherization was customers in excess of 20,000 square‐feet not cost‐effective during the three‐year and includes incentives for improvements period. The company says it has taken to HVAC systems, motors, refrigeration, action to improve the cost‐effectiveness of lighting and other equipment. “Agricultural that program. Energy Services” is designed to improve overall efficiency of irrigation systems. A Rocky Mountain Power, a division of final program for qualifying volunteer PacifiCorp, serves 73,500 customers in irrigation customers offers financial eastern Idaho. incentives to irrigators if they irrigate during non‐peak hours.

48 | Page

Other electric issues

Commission adopts tariff revisions to accommodate industrial expansions

Case No. IPC‐E‐14‐01, Order No. 32982 allowance applied to only distribution voltage equipment, not new substations or (March 3, 2014) ‐‐ Large industrial high‐voltage transmission lines. Glanbia is customers of Idaho Power Company who funding $8.3 million in Idaho Power facility must pay for new substation or improvements ($4.5 million for a 10‐mile transmission facilities to serve their transmission line and $3.8 million for a increased electric load may receive upfront substation) and increasing its annual power credits for each year up to five years to help bill to Idaho Power by about $7 million. them meet the expense of the expanded facilities. Glanbia requested an allowance of $2.3 million and also asked for entitlement to The Commission approved a revision to future potential “vested interest” Idaho Power’s tariff for industrial customers payments. Vested interest payments are that will make it more affordable for provided the party that paid for the initial industrial customers requiring Idaho Power expansion as new customers who are using to upgrade transmission or substation the same facilities are later added. facilities needed to serve one customer. In the Glanbia case (IPC‐E‐13‐09), the Builders of residential and commercial commission eventually approved an developments already receive an allowance allowance of $1.25 million using a formula under the “Rule H tariff” to help pay for allowing it $65,734 per megawatt of the distribution‐related line extensions. The plant’s projected load of 19 MW. The cost of new or expanded facilities is commission also allowed vested interest typically shared between the new customer payments to be directed to Glanbia if new and the utility, lowering the cost barrier customers connect to the Glanbia property customers face when seeking new or substation facilities within the next five additional line extensions. The allowance years. makes it possible for the amount of upfront charges to be paid by the customer to be As a result of the Glanbia case, the reduced by permitting the utility to collect a commission directed Idaho Power to portion of the expense over time. propose a substation and transmission allowance and vested interest provision for When Glanbia Foods, Inc., a Gooding large industrial customers. cheese plant, applied for a Rule H allowance last year, Idaho Power claimed the

49 | Page

In this case, the commission adopted Idaho by the new customer decreases, it would Power’s proposed allowance of up to receive less of an allowance. The tariff $65,480 per MW multiplied by the revision is effective immediately. customer’s projected increase in load for each year up to five years. If the load used

Commission OKs Idaho Power sales agreement with Bannock County landfill‐to‐gas plant

Case No. IPC‐E‐13‐24, Order No. 32986 the commission and is called an “avoided‐ (March 3, 2014) ‐‐ The Commission cost rate” because it is to be equal to the approved a 20‐year sales agreement cost the electric utility avoids if it would between Idaho Power Company and have had to generate the power itself or Bannock County’s landfill‐to‐gas energy purchase it from another source. plant near Pocatello. The agreement includes “non‐levelized” Bannock County plans to initially install a payments from Idaho Power to Bannock 1.6‐megawatt generation unit and then County that gradually increase throughout install another 1.6‐MW unit within five the life of the contract. Beginning this year, years. The scheduled operation date for the the avoided‐cost rate for projects of this first phase is May 1. type is $42.35 per megawatt‐hour, though that amount is adjusted slightly downward The Bannock County facility qualifies under during light‐load hours of the day and the provisions of the Public Utility season and upward during heavy‐load Regulatory Policies Act of 1978, or PURPA. hours and seasons. In 2033, at the end of The act requires that electric utilities offer the contract, the price would be $99.72 per to buy power produced from qualifying MWh. small‐power producers. The rate to be paid small‐power producers is determined by

Commission returns contract dispute back to Idaho Power and Simplot to resolve

Case No. IPC‐E‐13‐23, Order No. 33038 processing plant in Caldwell, until the two parties can resolve disputes over liability (May 21, 2014) ‐‐ The Commission denied a and price. proposed contract between Idaho Power Company and one its largest customers, the The plant will require enough energy, in J.R. Simplot Company’s new potato excess of 20,000 kilowatts, to place it in a

50 | Page

customer class that requires a special In an order issued this week, the contract with Idaho Power for power commission said exempting a public utility delivery. Simplot objects to Idaho Power from the consequences of negligent language that places limits on both parties’ conduct when the utility is charged with a direct liability and waives damages for public duty is not reasonable. “Idaho Power indirect or consequential liability. Further, cannot abrogate its general duty to exercise Simplot maintains the formula Idaho Power reasonable care in operating its system to uses to calculate the rate Simplot would pay avoid unreasonable risks of harm to its Idaho Power is outdated. customers.”

Idaho Power argues that limits on liability However, while the commission said limits are needed to protect customers. “Today, on “intentional tortious conduct or gross the electric grid faces a variety of challenges negligence” are not in the public interest, it to maintaining its reliability, from is reasonable to consider limits on liability integrating increasing amounts of to an agreed‐upon amount for a non‐willful intermittent generation to acts of breach of duty. sabotage,” the utility claims. “The grid’s technological complexity results in potential Regarding the rate Simplot would pay Idaho service failures unrelated to human error. In Power, the utility proposed about 4.24 light of this complexity, it is very difficult for cents per kWh. Simplot proposed about a jury to distinguish between human error, 3.94 cents per kWh. Commission staff negligence and failures of technology proposed using an average of rates charged beyond Idaho Power’s control.” Idaho all Idaho Power’s special contract Power claims the liability limits protect the customers. utility and customers from catastrophic The commission rejected the staff’s loss. averaging proposal and said a rate could be Simplot argues that previous Idaho determined by using Idaho Power’s most Supreme Court decisions have held that recent cost‐of‐service study as a starting public utilities should not be immune from point for negotiation. damage claims because customers cannot choose between competing suppliers of The commission directed the parties to electric power and are, thus, “compelled to renegotiate those portions of the proposed rely absolutely on the care and diligence of contract regarding liability and price based the company in the transmission of power. on the commission’s findings in this week’s Idaho Power’s proposed exculpatory order. The final proposed contract must language shielding it from virtually all still be approved by the commission. liability is a violation of the public trust under which it serves.”

51 | Page

Commission approves Avista stock issuance to allow purchase of Alaska energy company

Case No. AVU‐U‐13‐01, Order No. 32991 The commission’s order specifies that Avista (March 12, 2014) ‐‐ The Commission maintain its own operating books, records approved an Avista Utilities application to and subaccounts separate from AERC issue up to 7,250,000 shares of common records and that Idaho commission staff stock to fund Avista’s purchase of Alaska have access to all books and records related Energy and Resources Company. to the transaction. Avista must also exclude any costs related to the merger from AERC includes Alaska Electric Light and Avista’s Idaho customers and file status Power, which serves about 16,000 reports with the commission regarding any customers in Juneau and the surrounding pertinent quarterly financial information. borough. It is the oldest and largest investor‐owned utility in Alaska. In addition Avista reports that the purchase price at to the electric utility, AERC also owns AJT closing will be about $170 million, funded Mining Subsidiary, a mining company that is through the issuance of Avista common currently inactive. stock to the shareholders of AERC.

When the transaction closes, expected by In 2012, Alaska Electric Light and Power had July 1, AERC will become a wholly owned annual revenues of $42 million and 60 full‐ subsidiary of Avista, headquartered in time employees. The utility has a firm retail Spokane. The transaction will not affect peak load of 80 megawatts, nearly all of rates for Avista’s 125,000 customers in that generated by hydroelectric plants. north Idaho.

PUC accepts Avista Utilities’ growth plan

Case No. AVU‐E‐13‐07, Order No. 32997 outlining how they anticipate meeting load growth over the next 20 years in the most (March 26, 2014) – The Commission cost‐effective manner. accepted a long‐range growth plan submitted by Avista Utilities, which serves Avista has reduced its load‐growth about 125,000 electric customers in projections, from a forecasted 1.6 percent northern Idaho. growth to 1.1 percent. That reduced growth will delay the need for a natural‐gas fired The Commission requires regulated electric plant by one year and eliminate the need and gas utilities to file an Integrated for one of two natural gas plants that were Resource Plan (IRP) every two years projected for 2023.

52 | Page

overestimates the cost of alternative Avista’s plan says its own generation and its resources to the Colstrip coal. The groups long‐term contracts will provide enough contend their appeal of the EPA’s regional energy to meet customer needs until 2020. haze decision could cost Colstrip owners The company may be short during peak more than $100 million if the appeal is winter periods in 2014‐15 and 2015‐16 but successful. Avista has 15 percent plans to meet those needs with market ownership of the Colstrip plant. Majority purchases. owner PPL Montana has announced plans to divest its interest in the plant. A long‐term capacity deficit does not happen until 2020. To address that deficit, The Snake River Alliance claims Avista is Avista’s IRP calls for the addition of an 83‐ over‐reliant on natural gas resources, MW simple‐cycle combustion turbine exposing ratepayers to gas price volatility natural gas plant in 2019. To meet growth and uncertain supply. The SRA claims the beyond 2020, the plan calls for another 83‐ utility’s reliance on increased natural gas MW simple‐cycle CT in 2023 and a 270‐MW generation and only 19 megawatts from combined‐cycle CT in 2026. Another 50‐ demand‐reduction programs does not MW simple‐cycle natural gas plant is reflect a serious effort to reduce carbon anticipated for 2032. emissions. Avista responds by saying its 2013 IRP is the first time that demand Costs related to greenhouse gas emissions reduction programs pass cost‐effectiveness have been removed for the first time since tests and that the utility plans to study Avista’s 2007 plan. “Based on current expanding its demand‐response programs legislative priorities and the President’s as part of its 2015 IRP. Climate Action Plan, a national greenhouse gas cap‐and‐trade system or tax is no longer In addition to its demand‐reduction likely,” the plan’s executive summary programs geared primarily to commercial states. Instead, the IRP forecasts some plant and industrial customers, Avista’s energy retirements to meet potentially new efficiency programs1 currently decrease the environmental regulations. Avista’s current utility’s energy requirements by about 10 thermal resources include five natural gas percent, or 125 average megawatts. Absent plants, a wood‐waste biomass facility, and energy efficiency programs, Avista would be 222 MW from part ownership of two units resource‐deficient earlier than 2020. The of the Colstrip coal plant in eastern company expects to achieve another 164 Montana.

Environmental organizations say costs 1 related to the Environmental Protection Energy efficiency is using the same appliance or Agency’s potential greenhouse gas service to use less electricity (CFL lightbulb). Demand regulations should not be removed. response is altering customer behavior in response Further, the Sierra Club and the Montana to peak situations such as delaying consumption to Environmental Information Center claim the plan does not fully address the risks non‐peak periods, thereby reducing demand on an associated with the Colstrip coal plant and electric utility’s generation.

53 | Page

aMW in energy efficiency over the next 20 “monitor federal developments, such as the years. promulgation of federal environmental regulations, and to account for their impact Avista said it invited more than 120 in its resource planning.” representatives from 45 organizations to meetings seeking input on the IRP and that “As always, our acceptance of the the environmental groups who expressed company’s IRP should not be interpreted as concerns in this case did not materially an endorsement of any particular element participate or express concerns until filing of the plan or any proposed resource their comments. acquisition contained in the plan,” the commission said. “By accepting the In its order, the commission encouraged the company’s filing, we acknowledge only the environmental and other interested groups company’s ongoing planning process, not to participate in the 2015 IRP process. The the conclusions or results reached through commission said it expects Avista to, that process.”

54 | Page