Agenda Date: July 12, 2000 Item Number: 2B and 2C Docket: UE-960612 and UE-960613 Company Name: Puget Sound Energy Staff: Doug Kilpatrick, Electric Industry Coordinator Ken Elgin, Case Strategist Recommendation: Approve the proposed power sale agreement amendments filed on June 28, 2000, under Dockets UE-960612 and UE-960613 on Less than Statutory Notice, effective July 13, 2000. Background: On June 28, 2000, Puget Sound Energy ( "PSE" or "Puget" ) filed amendments to its power sales agreements with its customers Georgia-Pacific West, Inc. ( "GP" ) and Bellingham Cold Storage Company ( "BCS" ) under Dockets UE-960612 and UE-960613, respectively. Each of the amendments were entered into as of April 28, 2000, however the filings originally requested an effective date for both amendments of November 1, 1999. The amendments clarify the parties' intent with respect to the pricing indices set forth in the original power sales agreements approved by the Commission on June 7, 1996. Specifically, the amendments change the definition of the index to be used for energy pricing to the Dow Jones Mid-Columbia Electricity Index reporting "Firm On-Peak" , "Firm Off-Peak" , and "Sunday & NERC Holidays 24 Hour Firm" energy prices (in dollars per megawatt-hour). In addition to the power sales agreement amendments, PSE's June 28 filing also contains an "Accord and Satisfaction and Agreement Regarding Index." PSE states that the accord was entered into to resolve all disputes regarding contracts for power supply between PSE and these customers arising prior to November 1, 1999, under the original 1996 power sales agreements. The accord is dated October 27, 1999. Considerations: WAC 480-80-335(4) states that: "Each such contract shall be filed with the Commission not less than thirty days prior to the proposed effective date of the contract, and shall become effective according to its terms the thirty-first day from the date of its filing unless earlier approved, suspended, or rejected by the commission: Provided, That upon application and for good cause shown, the commission may approve the contract as of an effective date prior to the date that the contract would have become effective in accordance with this rule." (emphasis added) In its application, PSE states that good cause is shown because the amendments reflect the result of negotiations, and clarify issues, between the parties. It further states that no purchasers under other Puget tariffs will be affected by the requested waiver if it is granted. Discussion: Following discussions between Regulatory Services Division Staff ( "Staff" ) and PSE it was agreed that the originally requested effective date of November 1, 1999, was inappropriate in that it would constitute retroactive ratemaking. Instead Puget has agreed to refile its advice letter in this matter with the following changes: 1. The requested effective date for the power sales agreement amendments will be July 13, 2000, which is less than the statutory notice requirement. Good cause is shown for approving the request based on the understanding that both PSE and its customers (GP and BCS) agree that the revised definition of "Non-Firm Energy" should be modified as outlined in the amendments and no other customers are impacted by this change. 2. Puget has agreed to work with Staff to re-evaluate the charges made to BCS and GP under their respective power sales agreements between the dates of June 1, 1998 and the present. PSE will recalculate the charges to these customers in accordance with the Commission's decision in the Fifth Supplemental Order in Docket No. UE-981410 (Air Liquide, et al vs. Puget Sound Energy). Puget will file a report with Staff outlining the recalculated charges and showing what refund, if any, is due. On July 7, 2000, PSE faxed its letter regarding the above to Staff. Recommendation: Approve the power sales agreement amendments filed in Dockets UE-960612 and UE-960613 on Less than Statutory Notice, effective July 13, 2000.