Professional Documents
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In The Matter of Cheyenne Light ...
In The Matter of Cheyenne Light ...
APPEARANCES
For the Applicant, Cheyenne Light Fuel and Power d/b/a Black Hills Energy
(CLFP or the Company):
JANA SMOOT WHITE, Associate General Counsel, Rapid City, South Dakota.
HEARD BEFORE
This matter is before the Wyoming Public Service Commission (Commission) upon the
Application of CLFP requesting approval of its proposed Blockchain Interruptible Service (BCIS)
Tariff, and on the intervention of the OCA. Also before the Commission for consideration is a
Stipulation and Agreement (Stipulation)' entered into by CLFP and the OCA (collectively the
Parties).
The Commission, having reviewed the Application and attached exhibits, the Parties'
prehearing filings, the evidence introduced at the public hearing held on April 30, 2019, its files
regarding CLFP, applicable Wyoming utility law, having heard the arguments of the Parties, and
otherwise being fully advised in the premises, FINDS and CONCLUDES:
1. CLFPisawhollyownedsubsidiaryofBlackHillsCorporation.(Ex.l,p.8).CLFP
engages in the generation, transmission and distribution of electricity. CLFP is a public utility as
2. OnSeptember28,2018,theCompanysubmittedanApplicationseekingauthority
to implement a BCIS Tariff. The Company also submitted supporting testimony (Exs. 4, 6, 7, 11
and 12) and proposed tariff sheets (Exs. 2 and 3). CLFP explained the BCIS Tariff is necessary
because its existing tariffs are insufficient to attract blockchain business while continuing to
provide safe, reliable and affordable service to existing retail customers. Blockchain customers,
according to the Company, are unique because they are large consumers of electricity and may
represent loads of a limited duration. (Ex. 1, p. l).
3. OnOctober3,2018,theOCA,aseparate,independentdivisionoftheCommission
charged with representing the interests of Wyoming citizens and all classes of utility customers,
filed its Notice of Intervention pursuant to Wyo. Stat. § 37-2-402. (Ex. 103).
6. On March 15, 2019, CLFP filed the Stipulation on behalf of the parties, together
with supporting exhibits. (Exs. A-E). The OCA filed testimony supporting the Stipulation. (Ex.
G).
7. On April s, 2019, the Commission issued a Notice and Order Setting Public
Hearing for April 30, 2019. A public notice was published in the newspaper located in CLFP's
serviceterritory. (Ex. 108).
8. On April 30, 2019, the Commission held an exhibit conference and received the
following exhibits into evidence:
9. The public hearing was held April 30, 2019, pursuant to the Wyoming
Administrative Procedure Act (WAPA), Wyo. Stat. § 16-3-101 et seq., in the Commission's
hearing room in Cheyenne. CLFP and the OCA appeared and participated in the hearing in support
of the Stipulation. At the conclusion of the public hearing, the Commission closed the record and
held public deliberations pursuant to Wyo. Stat. § 16-4-403. The Commission unanimously
approved the Application, as modified by the Stipulation and this Order, and directed the
preparation of an order consistent with its decision.
10. TheCommissionapprovesCLFP'sApplication,asamendedbytheStipu/ationand
this Order, to implement the BCIS Tariff. The Commission concludes that the terms of the
Stipulation are consistent with the public interest.
Issue
11. The Commission must determine whether the Stipulation serves the public interest
as an appropriate means to resolve this matter pursuant to Wyo. Stat. § 16-3-107(n) and
Commission Rule Chapter 2, Section 25.
Findings of Fact
13. Wyoming, as a State, has made significant efforts, both through legislation and
economic development, to attract the blockchain industry. (Ex. 4, pp. s-6). Concerns have arisen,
largely based on experience in other jurisdictions, related to the questionable permanence and
intense electric demand of such loads. The most significant concern is how to protect existing
customers from the strain potential BCIS customers bring to the system. (Ex. 201, p. 7; Ex. 4, P.
7).
14. With this in mind, CLFP has endeavored to implement a proactive approach to
balance the opportunity the State of Wyoming is presenting to attract new industries with the risk
posed to existing customers. CLFP's proposal, as modified by the Stipulation, accomplishes that
goal by formulating a tariff that isolates existing customers from any increased capital costs or
operating expenses, and the inherent business risks associated with blockchain customers. The
tariff requires CLFP to separately identify and account for all the revenues and expenses from
serving BCIS customers and to remove those costs and expenses from any future class cost of
service studies, general rate cases and normalized earnings reports. (Ex. G, p. 3).
15. CLFP filed its Application on September 28, 2018. The OCA intervened on
October 3, 2018. On February 26, 2019, the OCA and CLFP participated in a Settlement
Conference, which resulted in an agreement in principle. Accordingly, the parties filed the
Stipulation along with supporting testimony of Kyle White on behalf of CLFP and Anthony
Ornelas on behalf of the OCA on March 15 and 22, 2019, respectively. (Exs. A, F and G.)
16. The Stipulation modifies the proposed BCIS Tariff, while creating the BCIS
Customer Credit Adjustment (BCCA) Tariff to implement the customer benefits outlined in the
agreement. (Ex. A., p. 7).
17. CLFP recognized a new contract would be necessary to incentivize the blockchain
industry to locate in its service territory because its current rates would render cryptocurrency
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mining unprofitable. The BCIS Tariff provides an alternative that allows the Company and new
industry to negotiate terms and rates of service outside of rates set by the Commission. The key to
the BCIS Tariff is its interruptible nature - for economic and reliability concerns, and for relieving
transmission constraints.
18. hireturn,CLFPhasidentifiedthreeprotectionsforexistingcustomers:
1. BCIS Transmission Credit: This credit has two components: [1] $1.00
per MW; plus [2] weighted average of ancillary charges related to the Federal Energy Regulatory
Commission approved Open Access Transmission Tariff (OATT) - currently resulting in a rate of
$1.25. The second component is dynamic and may change as the OATT changes. (Ex. A, pp. 3-
4).
11. BCIS Customer Benefit: This credit is $1.00 per MW (Ex. A, pg. 4)).
111. Corporate Overhead Expenses: Set at 10% until next rate case when this
category of benefits will cease to exist. (Ex. A, pp. 4-5).
19. All of the credits will flow to customers through an annual filing as described in
the BCCA Tariff. (Tr., p. 51 ; Ex. A, pp. 7-8).
20. Other benefits addressed in the Stipulation include Ring Fencing Provisions, Line
Extensions and Systems Upgrades, and Reservation of Distribution capacity for non-BCIS
customer load growth. (Ex. A, pp. s-7).
a. The Ring Fencing provisions prohibit the Company from seeking recovery
of any interest expense or other debt related expense that is greater than the Company would have
incurred had the debt been issued by a Black Hills entity that held a BBB- equivalent investment
grade credit rating. The Ring Fencing provisions trigger if the Company's credit rating is
downgraded below a BBB- rating, and is attributable to the provision of service under the BCIS
Tariff. (Ex. A., pp. s-6).
21. Importantly, the Commission will remain apprised of the implementation of the
BCIS Tariff through informational filing of contracts and the periodic reporting requirements. (Ex.
A, p. 8; Tr., pp. 49 and 54). The Commission requires that annual reports made under this provision
of the Stipulation contain the information required by Wyo. Stat. § 3 7-3-11 6(c).
22. We find the Stipulation achieves the balance both parties seek and is in the public
interest. Therefore, we approve the Stipulation without modification. Further, the BCIS and
BCCA tariffs are approved, effective June 1, 2019. Finally, the amendments to the Power Cost
Adjustment (PCA) tariff are approved.
Principles of Law
24. Wyo.Stat.§37-3-116,specifiestheconditionsunderwhichautilitymayenterinto
certain service agreements with customers with a projected usage greater than five MW for a utility
service provided under a Commission approved tariff and, reads as follows:
(ii) Shall not result in obligating other customers for any utility
investments or any direct, indirect or reasonably assigned costs related to the utility's
service to the customer under the agreement. For purposes of this paragraph,
investments and costs include known or reasonably ascertainable expenses for
power supply, electric transmission and distribution and administrative, general,
financial and other costs related to the agreement;
(b) An electric utility shall retain for its owners any profits or losses that result
from entering into an agreement with a customer pursuant to this section.
(c) Regulated utilities entering into agreements under this section shall report
to the commission at least once every three (3) years as to the impacts on other rate
payers.
25. Wyo.Stat.§37-3-106(b)and(c)allowtheCommissiontosuspendratesforatotal
of ten months:
(b) Unless the commission otherwise orders, no public utility shall make any
change in any rate which has been duly established except after thirty (30) days
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notice to the commission, which notice shall plainly state the changes proposed to
be made in the rates then in force, and the time when the changed rates will go into
effect. . . .
(c) Whenever there is filed with the commission by any public utility any
application or tariff proposing a new rate or rates, the commission may, either upon
complaint or upon its own initiative, initiate an investigation, hearing, or both,
concerning the lawfulness of such rate or rates. Pending its decision thereon, the
commission may suspend such rate or rates, before they become effective but not
for a longer initial period than six (6) months beyond the time when such rate or
rates would otherwise go into effect. If the commission shall thereafter find that a
longer time will be required, the commission may extend the period of suspension
for an additional period or periods not exceeding in the aggregate, three (3) months.
26. Wyo. Stat. e) 37-2-122(b) gives necessary latitude to the Commission regarding
utility services, stating:
If, upon hearing and investigation, any service or service regulation of any public
utility shall be found by the commission to be unjustly discriminatory or unduly
preferential, or any service or facility shall be found to be inadequate or unsafe, or
any service regulation shall be found to be unjust or unreasonable, or any service,
facility or service regulation shall be found otherwise in any respect to be in
violation of any provisions of this act, the commission may prescribe and order
substituted therefor such service, facility or service regulation, as it shall determine
to be adequate and safe, or just and reasonable, as the case may be and otherwise
in compliance with the provisions of this act, including any provisions concerning
the availability or reliability of service. It shall be the duty of the public utility to
comply with and conform to such determination and order of the commission.
27. Wyo. Stat. e) 37-2-120 prohibits the Commission from making any order "which
requires the change of any rate or service. . . unless or until all parties are afforded an opportunity
for a hearing in accordance with the Wyoming Administrative Procedure Act." The Act establishes
general procedures for Commission cases, including the giving of reasonable notice. Wyo. Stat.
§ 16-3-107; in accord are Wyo. Stat. e)53 37-2-201, 37-2-202, and 37-3-106. See also, Commission
Rule Chapter 2, Sections s and 11.
28. The public interest must come first in Commission decisions; the desires of the
utility are secondary. Mountain Fuel Supply Co. v. Pub. Serv. Comm'n, 662 P.2d 878, 883 (Wyo.
1983). Construing Wyo. Stat. § 37-3-101, which requires rates to be reasonable, the Court further
stated:
This court cannot usurp the legislative functions delegated to the PSC in setting
appropriate rates, but will defer to the agency discretion so long as the results are
fair, reasonable, uniform and not unduly discriminatory.
(Id. at 885).; see also, Union Tel. Co., Inc. v. Wyo. Pub. Serv. Comm'n & AT&T Commc'ns of the
Mountain States, Inc., 821 P.2d 550, 563 (Wyo. 1991) and Great W Sugar Co. v. Johnson et al.,
624 P.2d 1184, 1186-88 (Wyo. 1981).
29. In defining the standard of proof in adjudicatory hearings, the Wyoming Supreme
Court has stated:
The language of the WAPA does not expressly provide a standard of proof in
contested case hearings. See Wyo. Stat. Ann. Eg 16-3-114(c). We have previously
recognized that the standard applicable to an adjudicatory hearing before an agency,
unless otherwise stated, is the "preponderance of the evidence" standard
customarily used in civil cases. Willadsen v. Christopulos, 731 P.2d 1181, 1184
(Wyo. 1987). A ?preponderance of the evidence" is defined as ?proof which leads
the trier of fact to find that the existence of the contested fact is more probable than
its non-existence." Judd v. State ex rel. Wyo. Workers' Safety & Comp. Div., 2010
WY 85, ? 31, 233 P.3d 956, 968 (Wyo. 2010).
Accordingly, where, as in Wyo. Stat. § 3 7-3-116, the evidentiary standard is not specifically stated,
the public utility's burden of proof must be met by the preponderance of the evidence standard.
30. The Commission may approve a stipulation or agreed upon settlement as a means
of disposing of any matter coming before it at hearing pursuant to Chapter 2, Section 25 of the
Commission Rules and Wyo. Stat. § 16-3-107(n).
31. Section 107 of WAPA, Wyo. Stat. Fg 16-3-107 sets parameters for due process in
Commission cases, including the giving of reasonable notice. In accord are Wyo. Stat. F3§ 37-2-
201, 37-2-202, and 37-3-106. See also, Chapter 2 Section s of the Commission's Rules.
Conclusions of Law
33. ProperpublicnoticeoftheseproceedingswasprovidedinaccordancewithWAPA,
Wyo. Stat. e) 37-2-203, and Commission Rule Chapter 2, Section s. The public hearing was held
and conducted pursuant to Wyo. Stat. §§ 16-3-107, 16-3-108, 37-2-203, and applicable sections of
the Commission's Rules. The Commission properly granted the OCA's intervention, making it a
party for all purposes.
34. When the parties to a contested case proceeding reach a settlement, the Commission
holds a public hearing to determine whether the settlement is in the public interest. In such
proceedings, we seek to understand the terms of the settlement, and assure that it completely
addresses the requirements of the underlying application, thereby ensuring that the settlement
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includes all the necessary determinations of fact that may be required for subsequent proceedings.
We inquire into the motivations of the parties to confirm that no aspect of the settlement is, by
inattention or design, contrary to the interests of all or a subset of the utility's ratepayers. We
conduct such other examination as the public interest may require.
35. The Commission strongly disfavors ?black box" settlements, which because of
their opacity prevent the Commission from determining how the parties reached an agreement. In
such situations, the settlement does not document the results in a way that establishes a useable
context within which to view subsequent applications. This makes it difficult for the Commission
to fulfill its responsibility to determine that the settlement is in the public interest. At the same
time, transparency alone does not satisfy the public interest. The Commission can and does reject
proposed settlements when it concludes they do not serve the public interest." In the instant case,
however, the Parties discussed in detail how the Stipulation resolves the issues presented.
36. Full pre-hearing disclosure by the parties materially aids us in gathering the
requisite evidence and reaching a decision in the public interest. Here, the Parties reasonably
documented the details of their settlement and explained the process by which they reached a
settlement. We find the Stipulation testimony credible and persuasive.
37. TheSfjp;u7ationisareasonableresolutionofthiscaseasitservesthepublicinterest
and should be approved. However, nothing in the Stipulation constitutes a limitation on the
jurisdiction of the Commission in this or any other case.
38. The Commission finds that the evidence in the record supports the Stipulation and
CLFP's request to implement the BCIS and BCCA Tariffs. The Commission further finds that the
Application, as modified by the Stipulation, is in the public interest and is approved.
39. The Commission finds it is in the public interest for CLFP to amend its PCA tariff
as proposed.
40. Because the Order incorporates the Stipulation, the Commission has not repeated
all of the provisions contained therein. However, the Commission reviewed those provisions, heard
the discussion of the Parties, and fully considered them in approving the Stipulation.
41. TheCommissionapprovestheStipu/afionasattachedtothis0rder,effectiveon
and after June 1, 2019. The Stipulation serves the public interest and is an appropriate means of
disposing of this matter pursuant to Commission Rule Chapter 2, Section 25 and Wyo. Stat. § 16-
3-107(n).
2 See, e. g., Montana Dakota Utilities Co., Docket No. 20004-81 -ER-09, Order of May 26, 2010.
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Interruptible Service tariff, is approved, consistent with the terms of this Order and the Stipulation,
appended hereto as Appendix A, effective June 1, 2019.
l? g. ?
KARA B. FORNSTRO'M, Chairman
r"i-C?
?,,.%! ilC.E.?(,,'
0 .? 'o"Th MARY * HRONE, Deputy Chairman
a'p' OFFICIAL S,%
SEAL ..:a 4z? a-?-,-
MICHAEL M. ROBINSON, Commissioner
?5?
DocketNo. 20003-173-ET-18
I. PROCEDURAL HISTORY. 2
ATTACHMENTS
The parties to this Stipulation and Agreement ("Stipulation") are Cheyenne Light, Fuel and
Power Company d/b/a Black Hills Energy ("Cheyenne Light") and the Wyoming Office of
Tariff (?BCIS Tariff') that was proposed to be effective December 1, 2018 ("BCIS Docket").
Resolution of the BCIS Docket is a compromise of the positions of the Stipulating Parties, and
is based on the record in this case in its entirety, including the Pre-Filed Direct Testimony and
Exhibits filed by Cheyenne Light and the Pre-Filed Testimony of the OCA. The Stipulating
Parties believe the resolution presented in this Stipulation is in the public interest, and the parties
NOW THEREFORE, the Stipulating Parties stipulate and agree to the following, and
respectfully request that the Wyoming Public Service Commission ("Commission") approve the
Stipulation, Tariff sheets and Blockchain Customer Credit Adjustment Tariff Language contained
in Stipulation Attachment A and C, without material change, with an effective date of June 1, 2019
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I. PROCEDURAL HISTORY
1. Cheyenne Light submitted its Application in the BCIS Docket on September 28, 2018.
The Application requested the implementation of a BCIS Tariff effective December 1, 2018.
2. OnOctober3,2018,theCommissionissuedaSusperision0rder.PursuanttoWyo.Stat.
§ 37-3-106, Cheyenne Light's BCIS Tariff Application was suspended for the six-month term
prescribed by subsection (c) commcncing after 30-days' notice term provided by subsection (b).
3. OnOctober4,2018,theCommissionissuedits#oticeo7,4pp'ication,whichsetadeadline
4. On October 3, 2018, the OCA filed its Notice of Intervention, Objection to Requested
Effective Date, and Motion for Shortened Discovery. This filing was the exercise of the OCA's
authority to participate pursuant to the provisions of Wyo. Stat. § 37-2-402(a), requesting any
implementation of the tariff to be withheld during the duration of the docket, and moving for a 10
s. On October 8, 2018, the OCA filed its Withdrawal of Motion for Shortened Discovery
deadline.
7. On January 10, 2019, the Commission issued a Scheduling Order setting the following
deadlines:
8. OnFebruaryl5,2019,theOCAfiledtheDirectPre-FiledTestimonyofAnthonyOmelas,
9. On February 26, 2019, the OCA and Cheyenne Light participated in a Settlement
Conference. An agreement was reached in principle to resolve the BCIS Docket. The agreed-
upon resolutions are described in Section III of the Stipulation and shown on Stipulation
Attachments A through C which are more fully described below.
II. THE STIPULATION
The Stipulating Parties agree to settle and resolve the BCIS Docket on the following terms
and conditions:
10. Amendments to the proposed BCIS Tariff. The Stipulating Parties agree to the form
and content of the proposed BCIS Tariff (Exhibit l to the Application) with the following edits
and clarifications which are attached hereto as Stipulation Attachment A:
a. BCIS Transmission Credit: The Stipulating Parties agree the amount of
the BCIS Transmission Credit per megawatt hour served under the BCIS
Tariff shall be: 1) $1 .00; and 2) a blend of the ancillary service charge rate
under the Open Access Transmission Tariff ("OATT") for non-firm use of
the Cheyenne Light system in effect on the date of execution of each BCIS
customer agreement. The $1.00 represents the Cheyeru'ie Light's currently
approved OATT discounted non-firm transmission service rate and is a
transmission cost assignment to the BCIS customers. This $1.00 per
3
megawatt hour transmission cost assigmnent portion of the BCIS
Transmission Credit will remain fixed unless changed by the Commission as
the result of a general rate case. The OCA specifically reserves its right to
challenge the amount of the BCIS Transmission Credit in any Cheyenne
Light general rate case. The ancillary service charge rate will be calculated
as the weighted average of on and off peak charges for the varied usage of
the transmission system based on the OATT that is in effect on the date of
execution of each BCIS agreement. At thc time of the execution of this
Stipulation, the OATT posted ancillary service on peak rate is $0.31 and off
peak rate is $0.18 which results in a BCIS Transmission Credit of $1 .25 per
megawatt hour of energy served under the BCIS Tariff:
[$1.00 + ($0.31 x 57% + $0.18 x 43 %)] = $1.25
b. BCIS Customer Benefit: The Stipulating Parties agree the BCIS Customer Benefit
of $1 .00 per megawatt hour of energy served under the BCIS Tariff will be credited to
customers through a BCIS Customer Credit Adjustment, which is discussed in detail
in Paragraph 14 of this Stipulation.
d. Marginal Costs. The Stipulating Parties agree to the removal of the term "marginal"
from Paragraph 9 under the Contract section in the BCIS Tariff as follows:
Revenue expected to be received under the Agreement during its term
must exceed the anticipated 4 costs to the Company of its
performance under the Agreement
11. Ring Fencing: The Stipulating Parties agree Cheyenne Light will apply the following
ring fencing protections regarding service under the BCIS Tariff':
RING FENCING
b. For the proposed computing of the cost of equity for Cheyenne Light,
a rating of not less than the minimum rating to be considered
investment grade (BBB- equivalent) shall be presumed for the purpose
of determining comparable companies and for other cost of equity
analyses reliant on corporate risk.
12. Line Extensions and System Upgrades. The Stipulating Parties agree Cheyenne Light
will identify and specifically account for all line extensions and system upgrades attributable to
service under the BCIS Tariff. These investments will be direct assigned to the BCIS Customer
under the terms of their contracts. Cheyenne Light may, at its discretion request to include these
investments in rate base in future rate cases. Any future request to include these extensions or other
system upgrades will be accompanied by specific testimony and data as to why these investments
are used and useful to the general body of Cheyenne Light customers. Any party may challenge
Cheyenne Light's request for the inclusion of the cost of these investments in its base rates
applicable to non-BCIS customers.
13. Distribution Assets. The Stipulating Parties agree Cheyenne Light will initially reserve
capacity at its existing substations for native non-BCIS customer growth as follows:
6
Current
Utilized Available
Reserved
Substation Capacity BCIS
Capacity
(2018 Capacity
Peak)
Happy Jack OMW 4.7 MW 15 MW
Skyline 46 MW OMW 40 MW
East Business
8.9 MW 3.8MW 35MW
Park
substations and reserved capacity including forecasted load growth at each substation for 2018 -
2022. Cheyenne Light will notify the Commission of any changes to its capacity reservations
14. BCIS Customer Credit Adiustment. The Stipulating Parties agree Cheyenne Light will
provide non-BCIS customers with the BCIS Transmission Credit, BCIS Customer Benefit, and
BCIS Corporate Overhead Credit annually through the BCIS Customer Credit Adjustment
("BCCA"). Cheyenne Light will make a filing with the Commission providing detailed
calculations of the BCCA annually on May 1 . The BCIS Customer Credit Adjustment proposed
The Stipulating Parties agree Cheyenne Light will utilize the methodology as set forth in
Stipulation Attachment D for its annual calculation of the BCIS Customer Credit Adjustment.'
The Stipulating Parties further agree the OCA is not waiving and is specifically reserving its
right to challenge the annual BCIS Customer Credit Adjustment filing and the burden of proof
Commission staff to revise its Wyo. p.s.c. Tariff No. 13 to include the BCCA Tariff provisions
(included in Stipulation Attachment C) and all required cross references to this new cost
adjustment mechanism in its Tariff within thirty days of Commission approval of the BCIS
Tariff.
15. Annual Reporting. The Stipulating Parties agree Cheyenne Light will provide an update
on the BCIS Tariff annually as part of its business update to the Commission. This report shall
include, but is not limited to, the number of customers served, the nature of service provided, the
status of distribution assets and the reservation of load for native load growth, and customer
benefits provided through the BCCA associated with service under the BCIS Tariff.
16. The Stipulating Parties agree to request a bench decision and to waive their right to file
post-hearing briefs.
17. Cheyenne Light will file supportive Stipulation Testimony providing additional detail and
support for the Stipulation and its terms by March 15, 2019. The OCA may also file Stipulation
Testimony by March 15, 2019, however, any party may rely on the Stipulation Testimony of
18. Public Interest. The Stipulating Parties stipulate and agree this Stipulation, in its entirety,
is in the public interest and in its entirety it is just and reasonable. The Stipulating Parties
acknowledge this Stipulation represents a compromise of all positions of the Stipulating Parties in
this Docket and has been negotiated in good faith. The Stipulating Parties agree to support all
elements of this Stipulation as being in the public interest in proceedings before the Commission,
and to advocate in good faith that the Commission approve this Stipulation in its entirety.
8
19. Settlement Negotiations. The Stipulating Parties stipulate and agree that all negotiations
related to this Stipulation are privileged and confidential, and no Party shall be bound by any
position asserted in the negotiations, except to the extent expressly stated in this Stipulation.
In addition, evidence of conduct or statements made in the negotiation and discussion
phases of this Stipulation shall not be admissible as evidence in any proceeding before the
Commission or any court.
20. Settlement Effectiveness. The Stipulating Parties stipulate and agree that, except as
expressly noted herein, the execution of this Stipulation shall not be deemed to constitute an
acknowledgement of any party hereto of the validity or invalidity of any particular method, theory
or principle of regulation, and no party shall be deemed to have agreed that any principle, method
or theory of regulation employed in arriving at this Stipulation is appropriate for resolving any
issue in any other proceeding. Except as noted, the execution of this Stipulation shall not
constitute the basis of estoppel or waiver in future proceedings by any party, except to the extent
dictated by this Stipulation. Furthernnore, no party hereafter shall be deemed to be bound by any
position asserted by any party, and no finding of fact or conclusion of law other than those
expressly stated herein shall be deemed to be implicit in this Stipulation.
If the Commission chooses to adopt and approve the Stipulation without material
alterations, this docket and the issues addressed in this Stipulation are resolved in their entirety.
21. Hearing Witnesses and Exhibits. The Stipulating Parties agree to the admission of all
pre-filed testimony and exhibits filed in Docket No. 20003-1 73-ET-18 (Record No. 15104). The
Stipulating Parties waive cross examination of witnesses or representatives of any party who is a
signatory to the Stipulation provided the witnesses' or representatives' testimony or
representations before the Commission are consistent with this Stipulation.
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22. Support for Settlement. At the scheduled hearing in this matter, the Stipulating Parties
shall each provide at least one witness or representative who will be available to answer questions
related to the Stipulation. Representatives of any Stipulating Party may request to appear in person
or by phone. Those witnesses who pre-filed testimony in this matter will be made available to
The Stipulating Parties acknowledge their support and advocacy of the Stipulation may
materially alters the Stipulation, the Stipulating Parties agree they are no longer bound by its
terms and are not deemed to have waived any of their respective proccdural or due process rights
23. Settlement Execution. This Stipulation may be executed by electronic mail or facsimile
in one or more counterparts and each counterpart shall have the same force and effect as an
original document and as if all the Stipulating Parties had signed the same document. Any
signature page of this Stipulation may be detached from any counterpart of this Stipulation
without impairing the legal effect of any signatures thereon, and may be attached to another
counterpart of the Stipulation identical in form hereto but having attached to it one or more
signature page(s).
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Cheyenne Light, Fuel and Power Company
By:
'b. 0?
Kyle"D.a )?te
Vice Ppffiidlnt - Regulatory Strategy
7001 'loui'd Rushmore Road
Rapid ?, SD 57702
Kyle. White@blackhillscorp.com
Date:
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Wyoming Office of Consumer Advocate
i :i (1 ? .'l?i2r, aa
BY::A lr Xy? a (.-
Christophermger ?:'-,
Counsel /
i
j
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