1 00:00:02,740 --> 00:00:14,500 Good morning. Today is September 3rd, 2026, and this is the regular public meeting of the Public Utility Commission, Oregon, and all three commissioners are present today. 2 00:00:15,820 --> 00:00:23,360 We designate time at the beginning of each meeting to provide the public and opportunity to comment on issues that are not listed on our agenda. 3 00:00:24,060 --> 00:00:28,040 If anyone wishes to comment, please use the raise your hand feature. 4 00:00:28,880 --> 00:00:36,200 Press star 9 if you're dialed in, and if you can't find either, please feel free to unmute yourself and speak up. 5 00:00:36,800 --> 00:00:43,160 So we'll pause for a moment and see if there's any comment on items that are not on our agenda this morning. 6 00:00:51,960 --> 00:00:54,700 Okay, I'm not seeing anything. 7 00:00:56,520 --> 00:01:03,260 And on our agenda this morning, I just want to note in case folks are having trouble getting it open, 8 00:01:03,260 --> 00:01:11,200 given the prior challenge that we had with the Nationwide Granicus Outage, CA3 was removed. 9 00:01:14,200 --> 00:01:22,920 RAA1 was removed, and RAA3 was added, some earlier versions of the agenda, may not have had RAA3. 10 00:01:23,920 --> 00:01:29,940 But it seems to be working on the website now, so hopefully folks are finding the resources they need. 11 00:01:29,940 --> 00:01:35,400 So with all that preamble, I do have a motion for the consent agenda. 12 00:01:36,320 --> 00:01:40,080 Good morning, Chair Tony. I would move that we approve the consent agenda as presented. 13 00:01:40,480 --> 00:01:44,880 I'll second. I concur and the consent agenda is adopted. 14 00:01:46,300 --> 00:01:48,820 All right. Let's head into our rulemaking agenda. 15 00:01:49,400 --> 00:01:52,260 RM1, Dr. AR673. 16 00:01:52,260 --> 00:01:59,340 on the belief stuff you're motto is presenting this morning for staff. Good morning 17 00:01:59,340 --> 00:02:03,660 stuff. Good morning. Good morning. 18 00:02:03,660 --> 00:02:07,340 Good morning. Tertani, Commissioner of Rook, and the Commissioner of Power. For the record, 19 00:02:07,460 --> 00:02:12,060 my name is Staff Yamato with staff. And I'm joined by Staff's Council in this matter in 20 00:02:12,060 --> 00:02:17,660 Natasha Smith. I'm here to discuss doc at number AR 673, which is the rule making to 21 00:02:17,660 --> 00:02:27,200 implement. 2025 Senate Bill 845. This new law primarily enables the PUC to order the sale of 22 00:02:27,200 --> 00:02:33,020 water utility that is unable to provide safe and adequate service. These provisions would serve 23 00:02:33,020 --> 00:02:40,460 as a last resort option to protect customers access to safe, potable water when no other alternatives 24 00:02:40,460 --> 00:02:47,080 are viable. Over the last several months, staff has worked with stakeholders to identify and address 25 00:02:47,080 --> 00:02:49,880 concerns related to implementing this law. 26 00:02:50,280 --> 00:02:54,460 Staff strafed rules included as attachment A to the staff report 27 00:02:54,460 --> 00:02:58,560 provide sufficient direction to address an ordered sales situation 28 00:02:58,560 --> 00:03:01,800 while allowing flexibility to account for 29 00:03:01,800 --> 00:03:05,180 specific unpredictable situations that may arise. 30 00:03:05,680 --> 00:03:10,340 If enacted, the new rules related to commission ordered water utility sales 31 00:03:10,340 --> 00:03:15,760 would appear in a new division to 25 of chapter 860 of the Oregon 32 00:03:15,760 --> 00:03:22,820 administrative rules with a minor change to an existing rule in division 36. Staff 33 00:03:22,820 --> 00:03:28,080 are recommends the commission issue a notice of proposed rule making to implement these changes 34 00:03:28,080 --> 00:03:31,040 and I'm happy to answer any questions you may have. 35 00:03:33,950 --> 00:03:35,870 Thank you. The memo was very clear. I 36 00:03:35,870 --> 00:03:41,890 appreciated the detail on the issues that he addressed with stakeholders. Any questions for staff? 37 00:03:44,000 --> 00:03:55,400 No? Okay. Thank you, Steph. Thank you. I will look for public comments on this move to formal rule making. 38 00:03:58,020 --> 00:04:05,280 Looking for hands and anyone who would like to comment on AR673. 39 00:04:12,870 --> 00:04:14,090 Not seeing any. 40 00:04:14,810 --> 00:04:27,310 So I think we can move to deliberation, and I, for one, am very comfortable, I think the flexibility that staff has baked into this is really important. 41 00:04:27,310 --> 00:04:36,410 In my experience, water utilities that are struggling are often struggling in a very 42 00:04:36,410 --> 00:04:44,850 fact specific way, coming from a very specific history, a very location specific challenge. 43 00:04:46,550 --> 00:04:52,590 And so I think flexibility is key, but I also see in here really critical safeguards that 44 00:04:52,590 --> 00:04:56,910 or not sort of pushing a utility to be sold 45 00:04:56,910 --> 00:04:59,970 on necessarily, or... 46 00:05:01,620 --> 00:05:29,980 So I'm quite comfortable. Thoughts colleagues? Yeah, I am, I am as well. Yeah, these are not difficult. Are these are not easy situations to resolve? And I think each of them are unique. So I appreciate the flexibility and appreciate the additional funds available to address issues that came with this bill. I hope we don't see a lot of these, but we know that they're not 47 00:05:29,980 --> 00:05:38,280 there are a lot of systems out there that are in various stages of disrepair and so I do 48 00:05:38,280 --> 00:05:47,400 appreciate that the criteria for implementing this, it's not this or this or this, it's this 49 00:05:47,400 --> 00:05:52,760 and this and this and this. So it's a pretty hefty list of criteria that have to be met before we 50 00:05:52,760 --> 00:05:57,340 actually would enact this. So it truly is a, it's a, it's a, it's a last resort. It's so if we've been 51 00:05:57,340 --> 00:05:59,900 down this road, we've been trying to fix it. 52 00:06:00,280 --> 00:06:01,340 We haven't been able to get there. 53 00:06:01,880 --> 00:06:03,620 So, appreciate the hard work that staff's done. 54 00:06:03,960 --> 00:06:06,020 I'm entirely comfortable, and I would, 55 00:06:06,080 --> 00:06:08,740 look, I'll let Commissioner power weigh in and then. 56 00:06:08,880 --> 00:06:15,180 No, go ahead, I think the rules for me strike the right balance 57 00:06:15,180 --> 00:06:19,180 of expeditiousness, and when we are going to need it, 58 00:06:19,940 --> 00:06:24,920 and center customer service and reliability, which is what 59 00:06:24,920 --> 00:06:28,700 want in a circumstance like this. So I'll defer to you on the motion. 60 00:06:29,380 --> 00:06:32,400 Yeah, I would move through the approved the proposed mission motion. 61 00:06:32,880 --> 00:06:38,400 Second. I concur. The motion is adopted. We'll look forward to the normal 62 00:06:38,400 --> 00:06:39,440 rulemaking process. 63 00:06:41,990 --> 00:06:44,010 Excellent. As I mentioned before, 64 00:06:44,290 --> 00:06:48,310 our one was removed. We'll look forward to that coming back in a later date. 65 00:06:48,830 --> 00:06:50,330 So let's take up our A2, 66 00:06:51,250 --> 00:06:57,270 Docket number U.M. 2398, is it please surface quality performance plan? 67 00:06:58,570 --> 00:06:59,150 Good morning, Joe. 68 00:06:59,850 --> 00:07:01,950 Good morning and good morning commissioners. 69 00:07:02,330 --> 00:07:05,030 For the record, my name is Joe Weith all new with PUC staff. 70 00:07:05,610 --> 00:07:09,550 I'm joined by Staff's Council in this matter in Tosh Smith with the Oregon Department of Justice. 71 00:07:10,390 --> 00:07:17,010 I'm here to discuss Dr. UM2398 and give an update on Ziple's Fiber Service Quality throughout the state of Oregon. 72 00:07:17,010 --> 00:07:22,790 The Commission approved to put them on a performance plan in Dr. U.N. 2398 for six months 73 00:07:22,790 --> 00:07:29,050 starting in October of October 1, 2025, and any in March 31st of 2026. 74 00:07:29,930 --> 00:07:35,010 Related to today's memo, staff recommended two things. First, staff recommended the extension 75 00:07:35,010 --> 00:07:40,810 of the performance plan. For an additional six months, starting on June 1 and ending on November 30th 76 00:07:40,810 --> 00:07:46,210 of 2026, to which the company will file to the docket its results of the six-month period 77 00:07:46,210 --> 00:07:48,770 no later than January 15th or 2027. 78 00:07:50,070 --> 00:07:52,810 Second, staff recommended recommendation was 79 00:07:52,810 --> 00:07:55,510 to file complaining as the company for violating 80 00:07:55,510 --> 00:07:59,430 order 25371, which required them to submit 81 00:07:59,430 --> 00:08:02,590 their final results of the first performance plan to the document. 82 00:08:03,210 --> 00:08:06,270 At the time, this memo was being added to the agenda, 83 00:08:06,750 --> 00:08:08,990 staff believed they have not submitted 84 00:08:08,990 --> 00:08:10,830 appropriate information to the document. 85 00:08:11,870 --> 00:08:14,730 Substance of the memo being uploaded to this document 86 00:08:14,730 --> 00:08:19,270 are true that the company reached out to the staff in regard to the potential complaint. 87 00:08:20,110 --> 00:08:24,530 There is confusion from the company on what staff meant by filing its final results of the 88 00:08:24,530 --> 00:08:30,330 first six months performance plan. Staff understood that the company would file results of the 89 00:08:30,330 --> 00:08:35,650 six months to the docket in their own format, showing how the company did over the period of time. 90 00:08:36,250 --> 00:08:40,610 The company understood staff's request to mean that they would file the normal service quality 91 00:08:40,610 --> 00:08:46,330 ports to staff by the deadline of the order. They did supply staff with those documents and staff 92 00:08:46,330 --> 00:08:50,990 took them as just their normal filing, not the compliance file required by the order. 93 00:08:51,910 --> 00:08:57,350 Staff read our staff read over the language in both the order and staff report and agrees with 94 00:08:57,350 --> 00:09:01,650 the company that it could have been interpreted the way the company understood and not the way staff 95 00:09:01,650 --> 00:09:07,410 understood or intended it to be. Staff did its own analysis on the service call reports submitted 96 00:09:07,410 --> 00:09:12,130 by the company and does notice some improvements since the start of the plan, but the company 97 00:09:12,130 --> 00:09:13,330 is still out of compliance. 98 00:09:13,990 --> 00:09:18,070 Staff believes another six months allows an opportunity for them to be fully in compliance 99 00:09:18,070 --> 00:09:19,550 with the service quality standards. 100 00:09:20,290 --> 00:09:25,010 Because of these new details provided by the company, staff is no longer recommending a complaint 101 00:09:25,010 --> 00:09:30,270 against the company, but is requesting that the commission extended performance plan for 102 00:09:30,270 --> 00:09:34,550 the time period stated and that the commission or the company provided narrative update 103 00:09:34,550 --> 00:09:38,310 to the docket of the first performance plan within 30 days of today. 104 00:09:38,830 --> 00:09:40,410 Based on the improvements measures, 105 00:09:40,510 --> 00:09:43,890 based on the improvement measures put in place related 106 00:09:43,890 --> 00:09:45,230 to the first performance plan. 107 00:09:45,930 --> 00:09:50,330 The company could use the Luminfiling UN-2399 as an example 108 00:09:50,330 --> 00:09:51,190 of what to file. 109 00:09:51,810 --> 00:09:53,850 Staff will work with the company regarding the compliance 110 00:09:53,850 --> 00:09:55,950 filing at the end of the second plan period 111 00:09:55,950 --> 00:09:57,750 to make sure that all parties understand 112 00:09:57,750 --> 00:09:58,890 what is being asked. 113 00:09:59,350 --> 00:09:59,970 This includes... 114 00:10:00,000 --> 00:10:02,880 My remarks at this time, and thank you very much. 115 00:10:05,740 --> 00:10:14,900 Joe, I appreciate the back and forth. I want to be really clear, in my own head, what it is, 116 00:10:15,200 --> 00:10:32,220 you're asking of us, given the shift. I'm glad to hear you see you in the company sort of 117 00:10:32,220 --> 00:10:38,020 To keep the first portion of that adopt staff's recommendation to extend the plan another six 118 00:10:38,020 --> 00:10:41,320 months, starting June 1, ending November 30. 119 00:10:42,680 --> 00:10:47,320 Are you also asking for that second phrase, order the company to submit the final results 120 00:10:47,320 --> 00:10:49,140 no later than January 15? 121 00:10:50,600 --> 00:10:54,940 For the second plan, yes, and for the first plan, I would still like to see them submit final 122 00:10:54,940 --> 00:10:57,920 results to the doctor within the next 30 days. 123 00:10:57,920 --> 00:11:02,820 using the example that Lumen provided or that Lumen submitted to their Gautet, you know, 124 00:11:02,820 --> 00:11:08,940 I'm 2399. So you're asking us in terms of if I were to think of a motion, if I were 125 00:11:08,940 --> 00:11:16,040 going to make a motion, I would need to, I would, you're asking me to make a motion that would 126 00:11:16,040 --> 00:11:27,440 be or us to be a motion that would be order that company to submit what by when. So first, we want 127 00:11:27,440 --> 00:11:31,640 them submit their final result so the first performance plan within the next 128 00:11:31,640 --> 00:11:32,280 or the least. 129 00:11:32,640 --> 00:11:36,220 This is the final result of the first plan. 130 00:11:38,960 --> 00:11:43,540 Within the next 30 days to the docket, using lumenswiling as a template. 131 00:11:44,280 --> 00:11:47,500 Because part of their email state that they didn't know what format we wanted them to 132 00:11:47,500 --> 00:11:48,960 submit it in. 133 00:11:49,240 --> 00:11:51,300 So that would be a performance for them to use. 134 00:11:51,820 --> 00:11:51,920 Okay. 135 00:11:52,720 --> 00:11:57,200 And then the second request is that we would like to put them on another performance plan. 136 00:11:57,200 --> 00:12:02,920 second one over the time period as I say it can remember exactly, but any in November 30th, I believe, 137 00:12:03,940 --> 00:12:08,660 and then have them submit those final results no later than January 15th to the same doctor, 138 00:12:09,000 --> 00:12:12,120 using the same format that they're going to submit within the next 30 days. 139 00:12:13,080 --> 00:12:19,440 Okay, so when I look at your memo, I'm note that I'm what I'm seeing is that you are not asking 140 00:12:19,440 --> 00:12:25,180 us any longer to have staff file a complaint to direct staff to file a complaint. 141 00:12:25,940 --> 00:12:36,880 But you are asking us instead to direct the company to file the final results of their first plan within 30 days using Lumen's filing as a template. 142 00:12:37,680 --> 00:12:38,660 Yes, correct. 143 00:12:39,960 --> 00:12:40,020 Okay. 144 00:12:40,220 --> 00:12:46,220 Because I think we're changed with them and we're lighting us on what they thought we were asking them to do. 145 00:12:47,600 --> 00:12:50,740 So we could understand the confusion where it could come from. 146 00:12:50,880 --> 00:12:53,960 Based on the language of our first memo and the order so. 147 00:12:53,960 --> 00:13:04,580 Okay. All right. Well, I appreciate that. I appreciate that you're working with me to get some specific city. 148 00:13:04,980 --> 00:13:10,560 Questions for Joe, colleagues, or follow up with Joe? 149 00:13:13,180 --> 00:13:23,960 No, I appreciate the clarification from Joe regarding the clarity of the previous order, but I will note that 150 00:13:24,840 --> 00:13:38,560 I don't want to see this again. I want to see this result, so I really hope the company pays attention to the detailed provided and make the filings as directed by staff. 151 00:13:38,560 --> 00:13:39,560 Mm-hmm. 152 00:13:40,740 --> 00:13:42,180 Mm-hmm. 153 00:13:42,380 --> 00:13:42,520 Mm-hmm. 154 00:13:42,520 --> 00:13:44,300 Mr. Power, any questions for Joe? 155 00:13:44,460 --> 00:13:44,960 Agreed. 156 00:13:44,960 --> 00:13:48,360 I think burden is not on staff, too. 157 00:13:48,760 --> 00:13:51,620 I'm sure that the company is compliant. 158 00:13:53,400 --> 00:14:05,080 So I appreciate the path we have laid out and with look for them to be more proactive in their communications. 159 00:14:07,040 --> 00:14:07,700 Mm-hmm. 160 00:14:09,100 --> 00:14:14,220 agreed. All right. Well, with that, Joe, I think I'll turn to public comment. Thank you. 161 00:14:17,710 --> 00:14:20,590 Any public comment on this item? 162 00:14:35,010 --> 00:14:37,470 So, not look like we have any comment on this item. 163 00:14:38,710 --> 00:14:43,490 Any further deliberation beyond what we've discussed? No, okay. 164 00:14:45,710 --> 00:14:52,630 I'll echo if there is confusion about what to file and staff is reaching out to a company and asking 165 00:14:52,630 --> 00:14:59,490 for filings. We just don't need to come all the way to the point of a public meeting memo. There's a huge amount of labor. 166 00:15:00,000 --> 00:15:07,960 Involved and getting to this point, and I'm disappointed that we had to get to this point to get clarity on what was required. 167 00:15:08,700 --> 00:15:27,380 So that is disappointing. And I echo both of you on not wanting to see that again. We don't have the staff bandwidth to chase compliance. Companies should be offering it. And if they're not clear on what they're supposed to be filing, they should be clarifying it. 168 00:15:27,380 --> 00:15:35,220 Okay. So based on the conversation with Joe and his recommendation, I would move, we adopt 169 00:15:35,220 --> 00:15:46,260 staff's recommendation to, let's see, let me get all the pieces in front of me here, so I do this correctly, because now I'm trying to piece two things together. 170 00:15:51,160 --> 00:15:51,640 Okay. 171 00:15:51,640 --> 00:15:59,760 months starting June 1, 2026, ending November 30, 2026. Order the company to submit the final 172 00:15:59,760 --> 00:16:08,260 results from the plan to the commission no later than January 15, 2027. And order the company 173 00:16:08,260 --> 00:16:16,480 to submit the final results of the first plan within 30 days of today. Both submissions should 174 00:16:16,480 --> 00:16:19,060 Lumin's filing as a template. 175 00:16:21,610 --> 00:16:23,410 I think that's what I need. 176 00:16:24,370 --> 00:16:26,210 All right. Thank you. 177 00:16:28,600 --> 00:16:29,220 I will second. 178 00:16:30,700 --> 00:16:31,320 I'm Conquer. 179 00:16:32,220 --> 00:16:35,040 Excellent. The motion is adopted. 180 00:16:36,080 --> 00:16:39,920 If there's confusion about what we mean when we say Lumin's plan, 181 00:16:40,160 --> 00:16:42,280 I think Joe has very clear picture in his head, 182 00:16:42,480 --> 00:16:46,620 so the company should be able to understand that, 183 00:16:46,620 --> 00:16:51,280 if they don't. And they should talk to staff early. Okay, 184 00:16:53,520 --> 00:16:56,320 right now, let's go on to 185 00:16:56,320 --> 00:16:59,960 R.A. 3. Dr. Iwai, I'm 23.83. 186 00:17:03,000 --> 00:17:09,600 A waiver for Pacific Corps, 2025, RFP phase 2. Good morning, Benadeck. 187 00:17:10,540 --> 00:17:16,540 Good morning, Chetani Commissioners, Crookins and Power. For the record, my name has been an 188 00:17:16,540 --> 00:17:22,560 springer of senior utility analysts with the PUSC and I'm also joined by Natasha Smith from the 189 00:17:22,560 --> 00:17:28,600 Harry Indian Department of Justice. So today I'm addressing Pacific Coast request regarding a 190 00:17:28,600 --> 00:17:35,580 second phase for its RFP. The Commission previously directed the company to initiate a phase 191 00:17:35,580 --> 00:17:44,180 two of its RFP by August 26 to meet the company's outstanding reliability and HP2021 compliance needs. 192 00:17:44,180 --> 00:17:52,260 and phase two is supposed to incorporate updated transmission information on B2H and address a narrow set of additional modifications. 193 00:17:53,580 --> 00:18:00,920 Specific course August 21st filing includes several requests, multiple waivers of competitive bidding rules, 194 00:18:01,400 --> 00:18:09,080 it's draft phase two RFP, and a request to continue using PA consulting as the independent evaluator. 195 00:18:10,160 --> 00:18:15,720 The company's favorite request align very closely with the joint proposal filed by Pacific 196 00:18:15,720 --> 00:18:21,000 Corps, the North West and Intermont, and power produces coalition and renewable North 197 00:18:21,000 --> 00:18:28,640 West in Docket, UM-2417, which intends to streamline procurement processes consistent with 198 00:18:28,640 --> 00:18:34,640 the recent executive orders, and staff is pleased to see this kind of diverse stakeholder 199 00:18:34,640 --> 00:18:40,480 collaboration built into the filing. That said, staff is not addressing all of the 200 00:18:40,480 --> 00:18:46,340 specific course requests today. Instead, we just focus on two items needed to keep 201 00:18:46,340 --> 00:18:50,740 face to one schedule. And those are appointing PA consulting as the independent 202 00:18:50,740 --> 00:18:55,920 evaluator and granting a narrow waiver of the rule of requiring bidder and 203 00:18:55,920 --> 00:19:01,600 stakeholder workshops prior to filing a draft RFP. Staff will address the remaining 204 00:19:01,600 --> 00:19:08,060 very requests alongside the RFP approval after one round of comments, and the schedule posted 205 00:19:08,060 --> 00:19:14,400 in the docket anticipates RFP issuance by November 3rd in line with what the company requested. 206 00:19:15,780 --> 00:19:21,260 On the IE appointment, PA consulting has served as the IE for specific requests last three 207 00:19:21,260 --> 00:19:27,600 solicitations, including phase one of the RFP, and so staff believes returning the same IE for 208 00:19:27,600 --> 00:19:31,420 largely identical RFP promotes continuity and efficiency, 209 00:19:33,680 --> 00:19:34,900 and in line with that P.A. 210 00:19:34,900 --> 00:19:41,820 consulting has offered a substantially lower price for phase two, and on the works of 211 00:19:41,820 --> 00:19:48,640 favors, that finds good costs to wave the requirement of a workshop, since phase two is 212 00:19:48,640 --> 00:19:53,760 suddenly similar to the version the commission approved last year, and stakeholders then 213 00:19:54,660 --> 00:19:59,960 participated in workshops and multiple rounds of comments and additionally phase 2 builds. 214 00:20:00,000 --> 00:20:06,480 The link to an opportunity for comments before the RFP is considered by the Commission for approval. 215 00:20:07,260 --> 00:20:18,580 So in summary, staff recommends the Commission authorized PA Consulting as the IEEE for Phase 2 of the RFP and grant the waiver for the pre-filing workshop requirement. 216 00:20:19,840 --> 00:20:23,380 This concludes my comments and I'm available for questions. 217 00:20:23,380 --> 00:20:24,680 Thank 218 00:20:26,700 --> 00:20:34,880 you. I have appreciated working with PA consulting, so this makes sense to me, but I don't 219 00:20:34,880 --> 00:20:38,000 call you if you have questions for Benedict. 220 00:20:40,240 --> 00:20:46,720 Yeah, okay. I also appreciate the stakeholders working together. 221 00:20:47,400 --> 00:20:49,680 It's a, it's a, it's a good sign. 222 00:20:51,860 --> 00:20:55,860 I will, there's since there's no questions for staff. 223 00:20:56,080 --> 00:20:58,500 I'll turn to public comment on this item. 224 00:21:03,110 --> 00:21:03,110 Amy, 225 00:21:08,100 --> 00:21:09,780 morning to fair tawny commissioner. 226 00:21:10,100 --> 00:21:12,280 Perkins and commissioner power. 227 00:21:12,620 --> 00:21:13,180 There we go. 228 00:21:13,220 --> 00:21:15,020 Okay, sorry for those for a second there. 229 00:21:15,440 --> 00:21:17,800 My name is Amy Webster for New Southern Energy. 230 00:21:18,420 --> 00:21:20,280 New Southern recommends the commission 231 00:21:20,280 --> 00:21:25,260 create a specific directive for the IE as a condition of being approved and 232 00:21:25,720 --> 00:21:31,520 you're sent as opposed to the waiver for the bidder workshop. So we recommend 233 00:21:31,520 --> 00:21:36,460 the Commission direct the IE to evaluate all information relevant to its 234 00:21:36,460 --> 00:21:42,340 claims in its closing report and conducting its duties and we are referring to the 235 00:21:42,340 --> 00:21:47,340 stakeholder and he concerns race-based stakeholders throughout the process. So as an 236 00:21:47,340 --> 00:21:55,280 For example, the current appendix in the staff report has in the draft RFP scoring modeling methodology report. 237 00:21:55,660 --> 00:22:02,740 The staff should address or the report should address whether staff and stakeholder comments and concerns were addressed. 238 00:22:03,860 --> 00:22:11,260 In the final draft RFP and we think that similar language should be included for their duties related to the closing report. 239 00:22:11,260 --> 00:22:19,120 And that the IE should respond to any stakeholders and bitter concerns raised throughout the duration of the process. 240 00:22:21,040 --> 00:22:31,980 And this is necessary to support the IE's conclusions and findings related to their role to oversee the process and ensure it's conducted fairly, transparently and properly. 241 00:22:35,060 --> 00:22:38,000 And let me just scroll through my notes. 242 00:22:38,000 --> 00:22:56,200 The commission we know and relies on the IE report and has used it for approving the final shortlist and relying on that analysis and so we think that the report should address all the concerns and any thing that came up during the process of the RFP. 243 00:22:56,200 --> 00:23:09,780 And second related to the workshop requirement, the commission should delay the current schedule to allow time for a workshop on the RFP is currently filed, then allow the comment deadline. 244 00:23:10,260 --> 00:23:16,280 And we recognize that there is currently a comment deadline for stakeholders to raise concerns prior to commission review. 245 00:23:16,280 --> 00:23:21,060 But, better workshops allow for more benefits than just raising concerns. 246 00:23:21,260 --> 00:23:28,420 It allows the business to assess whether it is worth it and whether they should submit bids 247 00:23:28,420 --> 00:23:36,100 and ask questions to the utility that helps inform whether it makes sense to submit a bit into the RFP. 248 00:23:37,300 --> 00:23:45,060 Additionally, the workshop provides an opportunity for interested parties to offer feedback directly to a specific core prior to the commission review 249 00:23:45,060 --> 00:23:54,740 And New Sun has questions that would like to ask the Pacific court in this workshop format, where there's ability for participation and discussion with other stakeholders. 250 00:23:56,040 --> 00:24:11,220 So due to the value of having this discussion in a workshop, New Sun urges the Commission to reject the waiver of this requirement and adjust the timeline to allow for a workshop, then written comments prior to the decision related to the RFP design. 251 00:24:11,820 --> 00:24:23,480 And we also, again, request that you direct the IE to evaluate all information relevant to its duties to address stakeholder concerns as well in its closing report. 252 00:24:24,800 --> 00:24:26,760 Thanks, and I'm available for questions. 253 00:24:29,890 --> 00:24:44,350 So Amy, if I were to summarize, you're asking us to, I'm so I'm trying to track them. I apologize. You're asking us to add the workshop back in and extend the schedule. 254 00:24:45,370 --> 00:24:49,830 And you're asking us to change the scope of work for the I.E. 255 00:24:51,530 --> 00:24:51,850 Correct. 256 00:24:52,450 --> 00:24:57,130 And perhaps not changing the scope of work because I understand there's some 257 00:24:57,130 --> 00:24:59,970 contract obligations between the Cificor and 258 00:25:01,530 --> 00:25:15,730 Regarding the scope, we just asked that you kind of direct them to address any concerns that were raised throughout the process in their closing report at any other communications that informed the commission's decision. 259 00:25:16,950 --> 00:25:24,270 And your concern is that in the past, we have not had that completeness from PA consulting. 260 00:25:25,750 --> 00:25:42,670 The concern is that, yes, in the phase one specifically news summaries, concerns regarding the bitter, the very criteria, the PTA, is the bidding to the pro forma, and none of those sorts of concerns were addressing the closing report. 261 00:25:42,670 --> 00:25:52,790 And so we just think that having the complete picture in one place for commission review, staff review, stakeholders is helpful for a decision-making. 262 00:25:54,270 --> 00:26:01,690 And then you feel like that's PA Consulting's job to capture those comments and and provide that response. 263 00:26:02,470 --> 00:26:22,490 And these capturing the concerns raised, yes, as it is related to whether the process was competitive and fairly done and whether there was broad participation and all those sorts of things that are related to it's closing report findings. 264 00:26:23,310 --> 00:26:33,610 mostly. Okay. If PA consulting was concerned that those issues raised, we're creating a competitiveness 265 00:26:36,010 --> 00:26:42,310 issue, wouldn't we expect that earlier in the process? I mean, I suspect you're you're 266 00:26:42,310 --> 00:26:46,530 what you're asking before in some ways, is it a report that says someone raised these concerns 267 00:26:46,530 --> 00:26:49,610 P.A. Consulting doesn't see them as impacting competitiveness. 268 00:26:52,840 --> 00:26:59,300 Yeah, so raising them in the closing report and in addition any other communications or reports submitted. 269 00:27:01,460 --> 00:27:09,020 Yeah, earlier we just saw that this scope of work in the appendix included listed out those reports as. 270 00:27:09,040 --> 00:27:13,380 The few say these in the appendix would kind of focus on that but. 271 00:27:13,380 --> 00:27:17,100 communications that you're raising of that would be necessary. 272 00:27:19,780 --> 00:27:22,700 Okay, so you're essentially asking 273 00:27:22,700 --> 00:27:31,140 PA consulting to consider all comments, all comments, and address them, whether they consider 274 00:27:31,140 --> 00:27:38,520 them in material to what they're analyzing or not. Okay, 275 00:27:41,040 --> 00:27:44,960 and then you're asking for a schedule change 276 00:27:47,240 --> 00:27:49,120 I'm trying to track the schedule changing, 277 00:27:49,120 --> 00:27:53,680 just asking for, so, okay, I think I have the schedule 278 00:27:53,680 --> 00:27:57,280 and the docket from staff so that I can, 279 00:27:57,280 --> 00:27:59,380 I can track what you're talking about. 280 00:27:59,760 --> 00:28:01,760 Okay, colleagues, any other questions for a new son? 281 00:28:01,900 --> 00:28:03,300 I'm sorry to dominate, 282 00:28:03,520 --> 00:28:05,040 I'm trying to wrap my head around it. 283 00:28:07,790 --> 00:28:09,050 Irmuted, Commissioner Birkin. 284 00:28:10,330 --> 00:28:11,630 Yeah, but it gets me every time. 285 00:28:12,330 --> 00:28:13,910 I appreciate you asking for clarity, 286 00:28:14,110 --> 00:28:15,390 because I was struggling with the same, 287 00:28:15,870 --> 00:28:17,830 trying to understand what exactly was being asked for. 288 00:28:17,830 --> 00:28:21,590 So thanks for, thanks to you and thanks to Amy for clarifying 289 00:28:24,210 --> 00:28:26,550 any thing additional commissioner 290 00:28:26,550 --> 00:28:27,010 power. 291 00:28:28,870 --> 00:28:29,270 All right. 292 00:28:30,170 --> 00:28:36,290 Amy, I know this was a very short turnaround, but written comments are super helpful for trying 293 00:28:36,290 --> 00:28:43,210 to get to these details, if you can manage them for public meeting items, so appreciate that. 294 00:28:43,350 --> 00:28:46,390 But I appreciate you dialoging with us. 295 00:28:47,510 --> 00:28:47,950 Okay. 296 00:28:49,330 --> 00:28:52,250 Other comments on this item? 297 00:29:08,340 --> 00:29:10,040 Not seeing any hands. 298 00:29:18,070 --> 00:29:20,950 Ben, can I follow up with you on the schedule? 299 00:29:24,130 --> 00:29:25,330 Yeah, of course. 300 00:29:28,220 --> 00:29:35,520 News on Amy's requesting the work shop. Is there a way in where our bidders 301 00:29:35,520 --> 00:29:40,940 barred from asking clarifying questions of specific court can 302 00:29:41,840 --> 00:29:46,960 can a bidder follow up with questions to decide whether they want to bid or not? 303 00:29:48,680 --> 00:29:56,780 Yeah, thanks for the question. Commissioner Tani, the RFP schedule after issuance already 304 00:29:56,780 --> 00:29:59,960 includes the ability for bitter. 305 00:30:00,000 --> 00:30:14,540 First to ask questions. It also includes a bit of workshop for developers to participate in and figure out whether this RFP is a good opportunity for them. 306 00:30:15,160 --> 00:30:26,100 So the requirement we are talking about here with the labor is simply a workshop that addresses how the RFP should be designed. 307 00:30:26,100 --> 00:30:34,380 And we recommend waving that requirement because the intent is not to create a whole new RFP. 308 00:30:34,500 --> 00:30:44,760 The intent is to continue with the same RFP with slight modifications that address the things the commission has directed us to address. 309 00:30:45,960 --> 00:30:47,160 So rinse and repeat. 310 00:30:47,800 --> 00:30:48,500 So it's okay. 311 00:30:49,320 --> 00:30:49,920 Thank you. 312 00:30:50,340 --> 00:30:50,860 That's helpful. 313 00:30:51,160 --> 00:30:53,000 I appreciate that. 314 00:30:54,200 --> 00:30:54,980 Thomas. 315 00:31:01,440 --> 00:31:05,360 Good morning, Chair, Tony, Commissioner, Power and Commissioner Perkins. 316 00:31:05,420 --> 00:31:10,880 I'm Thomas Burns from Pacific Corps, Vice President of Resource Planning, and acquisitions 317 00:31:10,880 --> 00:31:18,700 for the record. I want to start off by absolutely thinking staff and stakeholders for 318 00:31:18,700 --> 00:31:27,850 their very productive collaboration in UM-2417 as well as it overlaps into this with 319 00:31:27,850 --> 00:31:38,390 with 2, 3, 8, 3, absolutely want to voice support for the comments that staff is made. 320 00:31:39,630 --> 00:31:46,130 And also would very much like to point out that all of our comments as well as stakeholder 321 00:31:46,130 --> 00:31:57,150 comments and participants in the RFP are all trying to be productive and move the timeline 322 00:31:57,150 --> 00:32:04,010 forward to facilitate procurement as quickly as possible in this environment, especially when 323 00:32:04,010 --> 00:32:11,510 there are more than just jurisdictional loads that are seeking resources, a fast timeline 324 00:32:11,510 --> 00:32:12,570 is paramount. 325 00:32:14,850 --> 00:32:20,570 And that is all the comment that I have right now. I am available for questions. 326 00:32:23,330 --> 00:32:51,210 Thank you. Thomas, I'm curious whether there is any additional clarity on the B2H longhorn situation to shape this RFP, but that was the most material sort of piece, and I'm, do you have a sense of the status that will this RFP offer us any more clarity on that transmission leg? 327 00:32:53,710 --> 00:33:03,810 We are dependent upon input from Bonneville power on whether or not there's going to be any material impacts from B2H. 328 00:33:05,070 --> 00:33:12,290 And as of right now we don't have that input from Bonneville that would give us indication that anything is materially changing. 329 00:33:14,670 --> 00:33:15,650 That being said. 330 00:33:15,650 --> 00:33:21,690 We don't know that read those redirects. We don't have any more clarity on when that study is going to be. 331 00:33:21,690 --> 00:33:22,950 No, we do not. 332 00:33:24,530 --> 00:33:25,250 No, we do not. 333 00:33:25,250 --> 00:33:25,890 No, we do not. 334 00:33:26,970 --> 00:33:35,990 Now, that being said, this RFP is largely a rinse and repeat, as you stated, there are 335 00:33:35,990 --> 00:33:43,750 diminimous changes that have been made, bidders, or potential participants are always welcome 336 00:33:43,750 --> 00:33:48,750 to submit questions into our mailbox, at any time we will respond to those. 337 00:33:50,910 --> 00:33:57,290 And there aren't material changes to really justify having a workshop pre-assurance. 338 00:34:00,420 --> 00:34:01,860 I appreciate that. 339 00:34:04,780 --> 00:34:11,700 I'm a little being no surprised to anyone that I'm frustrated that we continue to not have progress on that. 340 00:34:12,060 --> 00:34:19,520 Last leg, but I understand the complexity, I understand the complexity. 341 00:34:21,160 --> 00:34:23,920 Questions for the company colleagues? 342 00:34:26,270 --> 00:34:26,330 No. 343 00:34:31,990 --> 00:34:33,190 Thank you. 344 00:34:34,650 --> 00:34:34,950 All right. 345 00:34:35,070 --> 00:34:41,310 Any other follow-up with staff colleagues or anything you want to follow up on? 346 00:34:44,810 --> 00:34:45,210 All right. 347 00:34:47,290 --> 00:34:50,510 Then let's turn to deliberation. 348 00:34:52,430 --> 00:34:53,230 Thoughts? 349 00:34:53,350 --> 00:34:53,970 Perspectives? 350 00:35:00,000 --> 00:35:07,460 I think I am comfortable moving ahead with staff's motion, appreciating the feedback. 351 00:35:12,640 --> 00:35:13,940 I would imagine this 352 00:35:13,940 --> 00:35:18,740 would occur anyway, given the pace at which I think the parties are looking to move ahead with 353 00:35:18,740 --> 00:35:26,820 this and the consistency that they're looking to emulate with the past process. Nonetheless, if 354 00:35:26,820 --> 00:35:32,280 it's worth saying, of course, it encouraged the company to be responsive from any potential 355 00:35:32,280 --> 00:35:43,100 bit of questions, and the independent evaluator, I think is entrusted to include all information 356 00:35:43,100 --> 00:35:46,320 relevant to the integrity of the solicitation process. 357 00:35:47,160 --> 00:35:51,420 If there are things that are omitted in the final report, of course, I can be placed in the 358 00:35:51,420 --> 00:35:58,960 as comments relevant to our later information, but for now I think I appreciate 359 00:35:58,960 --> 00:36:05,140 stuff balancing the issues and moving ahead with pace. 360 00:36:11,660 --> 00:36:21,720 I see you nodding commissioner Perkins. I am in a agreement commissioner power. The PA consulting 361 00:36:21,720 --> 00:36:31,160 Scope is to watch for competitiveness issues if they are not flagging issues as creating 362 00:36:31,160 --> 00:36:40,840 competitiveness problem, then I'm not really interested in spending expensive dollars 363 00:36:41,160 --> 00:36:50,300 on their time. So I'm comfortable with their scope and I've been very comfortable with their 364 00:36:50,300 --> 00:36:56,580 detailed analysis of the competitiveness of the procurement. 365 00:36:58,100 --> 00:37:06,120 I am, I continue to be a little bit worried that with out of resolution to sort of the last 366 00:37:06,120 --> 00:37:15,290 mild problem on B2H that the selection of projects we will have for this RFP will not be 367 00:37:15,290 --> 00:37:44,780 What could have been that that is a challenge that sort of outside our scope and just speaks to the challenge of working regionally that meeting our load our load serving entities needs is going to require cooperation across a whole host of parties in particular Bonaville. 368 00:37:46,240 --> 00:37:51,100 So there's, that is what it is and isn't what's before us today. 369 00:37:52,080 --> 00:37:59,300 So, well given that, I'll move we adopt staff's motion as laid out in the memo. 370 00:38:01,750 --> 00:38:02,310 As second. 371 00:38:03,250 --> 00:38:03,790 And I'll concur. 372 00:38:05,030 --> 00:38:06,250 The motion is adopted. 373 00:38:06,470 --> 00:38:13,790 We'll look forward to the revisions or if there is any of the RFP when it comes to us in the future. 374 00:38:13,790 --> 00:38:23,530 And I appreciate everyone's work, I really do appreciate Ipsia and R&W and the company working together. 375 00:38:24,130 --> 00:38:30,130 I'll say in my time on the commission that's somewhat unprecedented and really, really remarkable. 376 00:38:30,310 --> 00:38:36,050 I'm really points to everyone being very focused on getting the job done for customers, which I appreciate. 377 00:38:36,670 --> 00:38:44,030 So, um, well, with all of that, um, I'm gonna check them in the agenda. I see nothing 378 00:38:44,030 --> 00:38:48,630 further on our agenda. And I don't believe there's anything further to come before us this 379 00:38:48,630 --> 00:38:57,010 morning. Just pause, make sure. Excellent. I appreciate everyone's patience with our 380 00:38:57,010 --> 00:39:03,050 granicous outage. And particularly, I appreciate our staff scrambling this morning to make 381 00:39:03,050 --> 00:39:08,410 we met all of our notice requirements and folks could alternatively get access to the agenda while 382 00:39:08,410 --> 00:39:15,250 granicus was down. Folks don't see that really hard work by staff behind the scenes to pull off 383 00:39:15,250 --> 00:39:22,770 these public meetings. In compliance with a law and our intention for engagement from stakeholders, 384 00:39:24,430 --> 00:39:28,750 they just they worked very hard to make sure we get comments that everyone can get into the 385 00:39:28,750 --> 00:39:33,430 meeting that meeting works properly. So just really want to appreciate how on it they were on this 386 00:39:33,430 --> 00:39:44,290 morning with the outage. So here's hoping we get calmer public meetings going forward. So with all 387 00:39:44,290 --> 00:39:46,870 of that, we are adjourned. Thank you.