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UNITED STATES OF AMERICA
`BEFORE THE
`FEDERAL ENERGY REGULATORY COMMISSION
`
`
` Docket No. EF06-2011-002
`
`
`
`
` Bonneville Power Administration
`
`
`
`
`I.
`
`MOTION OF PUBLIC UTILITY COMMISSION OF OREGON
`TO INTERVENE OUT OF TIME
`
`
`Motion to intervene
`The Public Utility Commission of Oregon (“OPUC”) files this motion to
`
`intervene out of time in Docket No. 06-2011-02 pursuant to Rules 212 and 214 of the
`
`Rules of Practice and Procedure of the Federal Energy Regulatory Commission (“the
`
`Commission”) (18 C.F.R. § 385.212 and § 385.214), and the Commission’s September
`
`29, 2008 Notice.
`
`On September 29, 2008, the Bonneville Power Administration (“BPA”) filed its
`
`proposed WP-07 Supplemental Rates with the Commission seeking interim and final
`
`approval of those rates. That same day, the Commission published notice of the filing in
`
`the Federal Register and advised interested persons that they had until October 13, 2008,
`
`in which to file a protest and/or to intervene.
`
` The OPUC is statutorily charged with regulating the electricity service provided
`
`by PacifiCorp, Portland General Electric Co. (“PGE”), and Idaho Power Company
`
`(“Idaho Power”) in Oregon and the rates charged for that service. (Oregon Revised
`
`Statute 756.040.) The OPUC is also statutorily charged with representing customers of
`
`these utilities in all controversies respecting rates. (Oregon Revised Statute 756.040.)
`
`Oregon customers of PGE, PacifiCorp and Idaho Power, which the OPUC is
`
`statutorily charged with representing, will be affected by the outcome of this proceeding
`
`because the BPA made decisions that affect the level of benefits to which these customers
`
`are entitled under the “Residential Exchange Program.”
`
`Page 1 – OPUC MOTION TO INTERVENE
`
`

`

`The Residential Exchange Program (“REP”) was established by Section 5(c) of
`
`the Northwest Power Act and is administered by BPA. PaciCorp, PGE, and Idaho Power
`
`are entitled to participate in the REP. Under the REP, whenever PGE, PacifiCorp or
`
`Idaho Power offer to sell electric power to BPA at its average system cost, BPA is
`
`required to purchase such power and offer, in exchange, to sell an equivalent amount of
`
`electric power to such utility at the applicable PF exchange rate. The utility passes
`
`through any cost benefits attributable to the difference between the utility’s average
`
`system cost and the applicable PF Exchange rate directly to its residential and small farm
`
`loads. In the underlying proceeding, BPA established, among other things, the PF
`
`Exchange Rate applicable to PacifiCorp, PGE, and Idaho Power.
`
` No other party in this proceeding is statutorily charged with protecting the
`
`interests of the Oregon customers of PGE, PacifiCorp and Idaho Power.
`
`II. Request to allow intervention out of time
`
` There is good cause for allowing the OPUC to intervene out of time. OPUC’s
`
`primary counsel in the underlying proceeding was on Family Medical Leave from July
`
`28, 2008 to October 20, 2008, and was unaware of the September 29, 2008 Notice or the
`
`October 13, 2008 deadline for intervention. Further, allowing the OPUC’s late
`
`intervention should not disrupt this proceeding nor cause prejudice. The deadline for
`
`intervention passed a short time ago and little has happened in the docket other than the
`
`filing of motions to intervene and some protests.
`
`///
`
`///
`
`///
`
`///
`
`///
`
`///
`
`///
`
`Page 2 – OPUC MOTION TO INTERVENE
`
`

`

`III. Notices and communications
`
`All correspondence, communications, pleadings and other documents related to
`
`this proceeding should be addressed to the following individuals:
`
`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
`
`Marc Hellman
`Public Utility Commission of Oregon
`550 Capitol St NE
`PO Box 2148
`Salem OR 97308-2148
`marc.hellman@state.or.us
`
`
`IV.
`
`
`Conclusion
`
`The OPUC respectfully requests that its motion to intervene out of time be
`granted.
`
`
`
`DATED this 27th day of October 2008.
`
`Respectfully submitted,
`
`HARDY MYERS
`Attorney General
`
`
`/s/Stephanie S. Andrus_________
`Stephanie S. Andrus, #92512
`Assistant Attorney General
`Of Attorneys for the Public Utility
`Commission of Oregon
`
`
`
`
`
`
`Page 3 – OPUC MOTION TO INTERVENE
`
`

`

`CERTIFICATE OF SERVICE
`
`I certify that on October 27, 2008, I served the foregoing Motion to Intervene
`
`
`
`upon all parties of record in this proceeding by delivering a copy by electronic mail, and
`
`by mailing a copy by postage prepaid first class mail to those parties requiring postal
`
`DICK HELGESON
`Eugene Water & Electric Board
`PO Box 10148
`Eugene OR 97440-2148
`
`Patrick Ashby
`General Manager
`TILLAMOOK PEOPLES’ UTILITY
`DISTRICT
`PO Box 433
`Tillamook OR 97141-0433
`
`
`
`
`
`
`
`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
`
`service as follows:
`
`
`TIMOTHY A JOHNSON
`Bonneville Power Administration
`PO Box 3621
`Portland OR 97208-3621
`
`Greg Booth
`General Manager
`Clatskanie People’s Utility District
`PO Box 216
`Clatskanie OR 97016-0216
`
`Joe Taffe
`Power Manager
`Clatskanie People’s Utility District
`PO Box 216
`Clatskanie OR 97016-0216
`
`
`
`
`
`
`
`
`
`
`
`
`Page 1 – CERTIFICATE OF SERVICE
` #1090095
`
`

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