Oregon Commission Hesitant to Approve Rushed RFP Processes

The Oregon Public Utility Commission (Commission) declined to approve both PacifiCorp and Portland General Electric (PGE) explored their options for acquiring new renewable resources. The utilities proposed expedited request for proposals (RFP) to take full advantage of the federal production tax credit (PTC), before it begins stepping down in 2017, to help meet the new renewable portfolio standards implemented by SB 1547. Neither utility will acquire new renewable resources at this time.   [Read more…]

Wyoming Commission Declines to Modify PURPA Contracts

On June 23, 2016, the Wyoming Public Service Commission (Wyoming Commission) denied a request from PacifiCorp, dba Rocky Mountain Power, for authority to modify its Public Utility Regulatory Policies Act (PURPA) contracts with qualifying facilities (QF). PacifiCorp attempted to reduce the maximum contract term of prospective power purchase agreements (PPA) from 20 to three years and to modify its avoided cost calculation method to include all active QF projects in its pricing queue. The Wyoming Commission determined that PacifiCorp failed to meet its burden to show its proposed modifications were reasonable, would solve the alleged problems, and were in the public interest of Wyoming customers.   [Read more…]

Utah Affirms PacifiCorp Maliciously Misappropriated Developer’s Trade Secrets

In 2012, a Utah jury found that after detailed negotiations and a series of counteroffers PacifiCorp “willfully and maliciously misappropriated a trade secret from USA Power” in order to build a power plant project in Mona, Utah without the project’s original developer. The jury awarded more than $133 million in damages. On May 16, 2016, the Utah Supreme Court affirmed the jury’s conclusions.   [Read more…]

Oregon Commission Declines to Interfere with PacifiCorp’s Requests for Proposals

On May 19, 2016, the Oregon Public Utility Commission (Oregon Commission) denied Northwest and Intermountain Power Producers Coalition’s (NIPPC) petition for temporary rulemaking and investigation into PacifiCorp’s 2016 requests for proposals (RFP). NIPPC requested the Oregon Commission temporarily prohibit utilities from acquiring new renewable resources outside of the Oregon Commission’s competitive bidding guidelines. Although the Oregon Commission expressed sympathy for the concerns addressed in the petition, it concluded that it did not have the legal authority to prohibit utility ownership and declined to impose a partial remedy that might be seen as legitimizing PacifiCorp’s RFPs.   [Read more…]

Washington Court Rejects PacifiCorp Rate Case Appeal

On April 27, 2016, the Washington Court of Appeals (Court) affirmed the Washington Utilities and Transportation Commission’s (Washington Commission) order in PacifiCorp’s 2013 general rate case. The Court affirmed the Washington Commission’s conclusions: 1) refusing to change the company’s cost allocation methodology; and 2) approving a hypothetical capital structure rather than the utility’s actual capital structure.   [Read more…]