`BEFORE THE
`FEDERAL ENERGY REGULATORY COMMISSION
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` Docket No. EF06-2011-002
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` Bonneville Power Administration
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`I.
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`MOTION OF PUBLIC UTILITY COMMISSION OF OREGON
`TO INTERVENE OUT OF TIME
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`Motion to intervene
`The Public Utility Commission of Oregon (“OPUC”) files this motion to
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`intervene out of time in Docket No. 06-2011-02 pursuant to Rules 212 and 214 of the
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`Rules of Practice and Procedure of the Federal Energy Regulatory Commission (“the
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`Commission”) (18 C.F.R. § 385.212 and § 385.214), and the Commission’s September
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`29, 2008 Notice.
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`On September 29, 2008, the Bonneville Power Administration (“BPA”) filed its
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`proposed WP-07 Supplemental Rates with the Commission seeking interim and final
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`approval of those rates. That same day, the Commission published notice of the filing in
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`the Federal Register and advised interested persons that they had until October 13, 2008,
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`in which to file a protest and/or to intervene.
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` The OPUC is statutorily charged with regulating the electricity service provided
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`by PacifiCorp, Portland General Electric Co. (“PGE”), and Idaho Power Company
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`(“Idaho Power”) in Oregon and the rates charged for that service. (Oregon Revised
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`Statute 756.040.) The OPUC is also statutorily charged with representing customers of
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`these utilities in all controversies respecting rates. (Oregon Revised Statute 756.040.)
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`Oregon customers of PGE, PacifiCorp and Idaho Power, which the OPUC is
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`statutorily charged with representing, will be affected by the outcome of this proceeding
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`because the BPA made decisions that affect the level of benefits to which these customers
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`are entitled under the “Residential Exchange Program.”
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`Page 1 – OPUC MOTION TO INTERVENE
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`The Residential Exchange Program (“REP”) was established by Section 5(c) of
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`the Northwest Power Act and is administered by BPA. PaciCorp, PGE, and Idaho Power
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`are entitled to participate in the REP. Under the REP, whenever PGE, PacifiCorp or
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`Idaho Power offer to sell electric power to BPA at its average system cost, BPA is
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`required to purchase such power and offer, in exchange, to sell an equivalent amount of
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`electric power to such utility at the applicable PF exchange rate. The utility passes
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`through any cost benefits attributable to the difference between the utility’s average
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`system cost and the applicable PF Exchange rate directly to its residential and small farm
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`loads. In the underlying proceeding, BPA established, among other things, the PF
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`Exchange Rate applicable to PacifiCorp, PGE, and Idaho Power.
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` No other party in this proceeding is statutorily charged with protecting the
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`interests of the Oregon customers of PGE, PacifiCorp and Idaho Power.
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`II. Request to allow intervention out of time
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` There is good cause for allowing the OPUC to intervene out of time. OPUC’s
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`primary counsel in the underlying proceeding was on Family Medical Leave from July
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`28, 2008 to October 20, 2008, and was unaware of the September 29, 2008 Notice or the
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`October 13, 2008 deadline for intervention. Further, allowing the OPUC’s late
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`intervention should not disrupt this proceeding nor cause prejudice. The deadline for
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`intervention passed a short time ago and little has happened in the docket other than the
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`filing of motions to intervene and some protests.
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`///
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`///
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`///
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`///
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`///
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`///
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`///
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`Page 2 – OPUC MOTION TO INTERVENE
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`III. Notices and communications
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`All correspondence, communications, pleadings and other documents related to
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`this proceeding should be addressed to the following individuals:
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`Stephanie S. Andrus
`Assistant Attorney General
`Oregon Department of Justice
`Regulated Utility & Business Section
`1162 Court Street NE
` Salem OR 97301-4096
`stephanie.andrus@doj.state.or.us
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`Marc Hellman
`Public Utility Commission of Oregon
`550 Capitol St NE
`PO Box 2148
`Salem OR 97308-2148
`marc.hellman@state.or.us
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`IV.
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`Conclusion
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`The OPUC respectfully requests that its motion to intervene out of time be
`granted.
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`DATED this 27th day of October 2008.
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`Respectfully submitted,
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`HARDY MYERS
`Attorney General
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`/s/Stephanie S. Andrus_________
`Stephanie S. Andrus, #92512
`Assistant Attorney General
`Of Attorneys for the Public Utility
`Commission of Oregon
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`Page 3 – OPUC MOTION TO INTERVENE
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`CERTIFICATE OF SERVICE
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`I certify that on October 27, 2008, I served the foregoing Motion to Intervene
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`upon all parties of record in this proceeding by delivering a copy by electronic mail, and
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`by mailing a copy by postage prepaid first class mail to those parties requiring postal
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`DICK HELGESON
`Eugene Water & Electric Board
`PO Box 10148
`Eugene OR 97440-2148
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`Patrick Ashby
`General Manager
`TILLAMOOK PEOPLES’ UTILITY
`DISTRICT
`PO Box 433
`Tillamook OR 97141-0433
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`s/Neoma A. Lane________________
`Neoma A. Lane
`Legal Secretary
`Oregon Department of Justice
`Regulated Utility & Business Section
`Telephone: 503.378.6322
`Email: neoma.lane@doj.state.or.us
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`service as follows:
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`TIMOTHY A JOHNSON
`Bonneville Power Administration
`PO Box 3621
`Portland OR 97208-3621
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`Greg Booth
`General Manager
`Clatskanie People’s Utility District
`PO Box 216
`Clatskanie OR 97016-0216
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`Joe Taffe
`Power Manager
`Clatskanie People’s Utility District
`PO Box 216
`Clatskanie OR 97016-0216
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`Page 1 – CERTIFICATE OF SERVICE
` #1090095
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