Colorado PUC E-Filings System

Transcription

1 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO Proceeding No. 15A- E IN THE MATTER OF APPLICATION OF BLACK HILLS/COLORADO ELECTRIC UTILITY COMPANY, LP FOR COMMISSION APPROVAL OF AN ALTERNATIVE FORM OF NOTICE TO AMEND ITS CLEAN AIR-CLEAN JOBS ACT RIDER ( CACJA ) TARIFF IN THE RATES SECTION OF THE COLORADO P.U.C. NO. 9- ELECTRIC TARIFF AND WAIVER OF NOTICE PERIOD. APPLICATION Pursuant to C.R.S (1)(c)(I)(D), Black Hills/Colorado Electric Utility Company, LP ( Black Hills, Company or Applicant ), by its undersigned attorney, requests Colorado PUC E-Filings System that the Commission enter an Order approving an alternative form of notice that will apply to Advice No. 709-Electric. By Advice No. 709-Electric, Black Hills seeks to amend the rates for the Clean Air-Clean Jobs Act rider ( CACJA Adjustment ) in Tariff Sheet No. 105 in the Rates section of its Colo. P.U.C. No. 9-Electric Tariff. The CACJA Adjustment is applicable to all retail customer classes. Black Hills also seeks a waiver of the Rule 1206(d) 30-day Commission notice and intervention period for this Application pursuant to Rule 1003(b). In support of the relief requested, Black Hills states as follows: 1. On October 30, 2015, the Company filed Advice No. 709-Electric to amend Rate Sheet Number 105, applicable to the CACJA Adjustment, in the Rates section of its Colo. P.U.C. No. 9-Electric Tariff. The proposed tariff amendments will revise the current CACJA Adjustment consistent the cost adjustment methodology approved by the Commission in Decision C issued in the Company s Phase I electric rate case (Proceeding No. 14AL- 0393). The CACJA Adjustment is a rider designed to provide for current recovery of a return on the Company s capital expenditures associated with constructing the LM6000. The LM6000

2 generating unit was approved by the Commission pursuant to the CACJA in Decision No. C in Docket No. 13A-0445E. 2. By this Application, Black Hills seeks Commission approval to provide alternative notice of its proposed tariff amendments. 3. Specifically, Black Hills seeks Commission authorization to use the following form of alternative notice: a. Filing with the Commission, and keeping open for inspection, Advice No. 709-Electric, which amends Sheet Number 105, applicable to the CACJA, in the Rates section of its Colo. P.U.C. No. 9-Electric Tariff; b. Posting on the website for Black Hills Energy: (1) a Customer Notice attached herewith as Attachment 1 and (2) Advice No. 709-Electric and its accompanying tariff sheets, for sixty (60) days beginning within one week after the filing of Advice No. 709-Electric; c. Printing a message on each applicable customer s bill providing the website URL for the Customer Notice and Advice No. 709-Electric and its accompanying tariff sheets, and a toll-free phone number for assistance, beginning within one week after the filing of Advice No. 709-Electric; and, d. Publishing a legal notice of Advice No. 709-Electric (i.e., Attachment 1), with size dimensions of four columns width and 11 inches height, in three newspapers of general circulation for the service territory: 1) The Pueblo Chieftain (two consecutive Sundays, November 8 and 15, 2015); and, 2) the Cañon City Daily Record (two consecutive Fridays, November 6 and 13, 2

3 2015); and, 3) the Rocky Ford Daily Gazette (two consecutive Thursdays, November 5 and 12, 2015). 4. The Company plans to go forward with this alternative form of notice. The Company would like to avoid incurring time and materials expense for printing customer bill inserts, where such expense includes both Company employees and third-party vendors. In the event the Commission denies this Application, and determines that additional notice is required, the Company will provide additional notice consistent with the Commission s order. 5. There is good cause for the alternative form of notice requested by this Application. A bill message, unlike a bill insert, provides more visibility to the customer because it is presented on the first page of the bill, where the customer looks for dollar amount due and the payment deadline. The website posting will provide the required information regarding the amended tariff to the general public. The toll-free phone number provided in the bill message will give customers a second option to learn more about the amended tariff if they cannot access the internet for the Company s website. The newspaper publications will provide accessible and timely notice across the Company s entire service territory. These alternative forms of notice are expeditious and economic for the Company s customers. 6. INFORMATION REQUIRED BY RULE 3002(b) and (c) Subparagraph 3002(b)(I). The name and address of the applying utility. Black Hills/Colorado Electric Utility Company, LP 105 South Victoria Avenue Pueblo, Colorado Subparagraph 3002(b)(II). The name(s) under which the applying utility is, or will be, providing service in Colorado. Black Hills/Colorado Electric Utility Company, LP is currently doing business as Black Hills Energy. Black Hills Energy is its registered trade name on file with the Colorado Secretary of State s office. 3

4 Subparagraph 3002(b)(III). The name, address, telephone number, facsimile number, and address of the applying utility s representative to whom all inquiries concerning the application should be made. Fredric C. Stoffel Director, Regulatory Affairs Black Hills Corporation 1515 Wynkoop Street, Suite 500 Denver, Colorado Telephone: (303) Facsimile: (720) Fred.Stoffel@blackhillscorp.com Kevin Opp Corporate Counsel Black Hills Corporation 1515 Wynkoop Street, Suite 500 Denver, Colorado Telephone: (303) Facsimile: (720) Kevin.Opp@blackhillscorp.com Subparagraph 3002(b)(IV). A statement that the applying utility agrees to answer all questions propounded by the Commission or its Staff concerning the application. The Applicant agrees to answer all questions propounded by the Commission or its Staff concerning this application to the best of its ability. Subparagraph 3002(b)(V). A statement that the applying utility shall permit the Commission or any member of its Staff to inspect the applying utility s books and records as part of the investigation into the application. The Applicant shall permit the Commission or any member of its Staff to inspect the Applicant s books and records as part of the investigation into the application. Subparagraph 3002(b)(VI). A statement that the applying utility understands that, if any portion of the application is found to be false or to contain material misrepresentations, any authorities granted pursuant to the application may be revoked upon Commission order. The Applicant understands the consequences associated with false or material misrepresentations in the application. 4

5 Subparagraph 3002(b)(VII). In lieu of the separate statements required by subparagraphs (b)(iv) through (VI) of this rule, a utility may include a statement that it has read, and agrees to abide by, the provisions of subparagraphs (b)(iv) through (VI) of this rule. This rule is not applicable. Separate statements have been provided in the paragraphs above. Subparagraph 3002(b)(VIII). A statement describing the applying utility s existing operations and general service area in Colorado. Black Hills provides electric service to 94,000 customers in several communities in Colorado. The largest communities served include Pueblo, Cañon City, and Rocky Ford. The Company s conventional generating stations are located in the service territory. A wind-generating station is located 30 miles south of Pueblo, in Huerfano County. The Company s service territory encompasses parts of Crowley, Custer, El Paso, Fremont, Otero, Pueblo, and Teller counties. Subparagraph 3002(b)(IX). For applications listed in subparagraphs (a)(i), (II), (III), (V), and (VI) of this rule, a copy of the applying utility s or parent company s and consolidated subsidiaries most recent audited balance sheet, income statement, statement of retained earnings, and statement of cash flows so long as they provide Colorado specific financial information. Not applicable. Subparagraph 3002(b)(X). A statement indicating the town or city, and any alternative town or city, in which the applying utility prefers any hearings be held. If the Commission does set this application for hearing, the Applicant prefers that the hearing be held at the Commission s offices in Denver, Colorado. Subparagraph 3002(b)(XI). Acknowledgment that, by signing the application, the applying utility understands that: (A) The filing of the application does not by itself constitute approval of the application. (B) If the application is granted, the applying utility shall not commence the requested action until the applying utility complies with applicable Commission rules and any conditions established by Commission order granting the application. (C) If a hearing is held, the applying utility must present evidence at the hearing to establish its qualifications to undertake, and its right to undertake, the requested action. 5

6 (D) In lieu of the statements contained in subparagraphs (b)(xi)(a) through (C) of this rule, an applying utility may include a statement that it has read, and agrees to abide by, the provisions of subparagraphs (b)(xi)(a) through (C) of this rule. The Applicant has read, and agrees to abide by, the provisions of subparagraphs (b) (XI) (A) through (C) of this rule. Subparagraph 3002(b)(XII). An attestation which is made under penalty of perjury; which is signed by an officer, a partner, an owner, an employee of, an agent for, or an attorney for the applying utility, as appropriate, who is authorized to act on behalf of the applying utility; and which states that the contents of the application are true, accurate, and correct. The application shall contain the title and the complete address of the affiant. The undersigned counsel for Black Hills states under penalty of perjury that the contents of this application are true, accurate and correct. Subparagraph 3002(c). In addition to the requirements of specific rules, all applications shall include the information listed in subparagraphs (a)(i) through (V) of rule Applying utilities may either include the information in the application itself, or incorporate the information by reference to the miscellaneous docket created under rule Black Hills initially filed the required regulated entity information with the Commission in Miscellaneous Docket No. 06M-525EG on August 5, This information was most recently updated on January 8, The regulated entity information maintained by Black Hills in Miscellaneous Docket No. 06M-525EG is incorporated by reference into this Application. 7. Wherefore, Black Hills respectfully requests that the Commission waive the notice and intervention period and approve the alternative form of notice set forth in this Application to amend Sheet Number 105, applicable to the CACJA, in the Rates section of its Colo. P.U.C. No. 9-Electric Tariff. 6

7 Date: October 30, 2015 Respectfully submitted, By: /s/ Kevin L. Opp Kevin L. Opp, #36607 Corporate Counsel Black Hills Corporation 1515 Wynkoop Street, Suite 500 Denver, CO Telephone: Attorney for Black Hills/Colorado Electric Utility Company, LP 7