UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO
SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported): May 26,
2009
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Exact name of registrants as specified in |
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Commission |
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their charters, address of principal executive |
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IRS Employer |
File Number |
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offices and registrants telephone number |
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Identification Number |
1-14465 |
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IDACORP, Inc. |
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82-0505802 |
1-3198 |
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Idaho Power Company |
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82-0130980 |
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1221 W. Idaho Street |
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Boise, ID 83702-5627 |
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(208) 388-2200 |
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State or Other Jurisdiction of Incorporation: Idaho |
None |
Former name or former address, if changed since last report. |
Check the appropriate box below if the Form 8-K filing is
intended to simultaneously satisfy the filing obligation of the registrant
under any of the following provisions (see General Instruction A.2.):
[ ] Written communications pursuant to Rule 425 under the
Securities Act (17 CFR 230.425)
[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act (17 CFR 240.14d-2(b))
[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange
Act (17 CFR 240.13e-4(c))
IDACORP, Inc.
IDAHO POWER COMPANY
Form 8-K
ITEM 8.01 Other Events.
Idaho and Oregon Rate
Orders
Idaho Power Company (IPC)
received six rate orders from the Idaho Public Utilities Commission (IPUC) and
the Oregon Public Utility Commission (OPUC) at the end of May 2009, as
described below. The IPUC rate orders are for the Fixed Cost Adjustment
Mechanism, Idaho Energy Efficiency Rider, Advanced Metering Infrastructure, and
Power Cost Adjustment, and the OPUC rate orders are for the Annual Power Cost
Update and 2007-2008 Excess Power Supply Costs. Each of these orders increases
rates, but only the Advanced Metering Infrastructure order involves an increase
in IPCs rate base, relating to the installation of new meters.
On March 12,
2007, the IPUC approved the implementation of a Fixed Cost Adjustment Mechanism
(FCA) pilot program for IPCs residential and small general service customers. The
FCA is a rate mechanism designed to remove IPCs disincentive to invest in
energy efficiency programs by separating (or decoupling) the recovery of fixed
costs from the variable kilowatt-hour charge and linking it instead to a set
amount per customer. In the FCA, for each customer class, the number of
customers is multiplied by a fixed cost per customer. The cost per customer is
based on IPCs revenue requirement as established in a general rate case. This
authorized fixed cost recovery amount is compared to the amount of fixed costs
actually recovered by IPC. The amount of over- or under-recovery is then
returned to or collected from customers in a subsequent rate adjustment. The
pilot program began on January 1, 2007 and runs through 2009, with the first
rate adjustment effective June 1, 2008 and subsequent rate adjustments
effective June 1 of each year during its term.
On March 13,
2009, IPC filed an application requesting a $5.2 million rate increase under
the FCA pilot program for the net under-recovery of fixed costs during 2008,
effective June 1, 2009 through May 31, 2010. On May 29, 2009, the IPUC
approved IPCs application to increase rates under the FCA pilot program as
filed.
2. Idaho Energy Efficiency Rider
On March 13,
2009, IPC filed an application with the IPUC requesting an increase to its
Energy Efficiency Rider, which is the chief funding mechanism for IPCs
investment in conservation, energy efficiency and demand response programs. IPC
proposed an increase in Rider funding from 2.50 percent to 4.75 percent of base
revenues, or based on 2008 test year revenue an increase of approximately $15.6
million annually, effective June 1, 2009. On May 29, 2009, the IPUC approved
IPCs application to increase the Energy Efficiency Rider as filed. As a
result of the IPUC approval, based on 2008 test year revenue, IPC expects Rider
revenues of $27.3 million in 2009 and $33.2 million in each of 2010 and 2011.
3. Advanced Metering Infrastructure
The Advanced
Metering Infrastructure (AMI) project provides the means to automatically
retrieve energy consumption information, eliminating manual meter reading
expense.
2
On March 13,
2009, IPC filed an application with the IPUC requesting authority to increase
its rates due to the inclusion of AMI investment in rate base. The filing
requested inclusion of the investments already made for the installation of AMI
throughout IPCs service territory, and those investments that would be made
during a June 1, 2009 through May 31, 2010 test year.
IPC requested a
first year revenue requirement of $11.2 million in the Idaho jurisdiction,
effective June 1, 2009, for service provided on and after that date. In its
calculations, IPC reflected the reduction in investment and the accelerated
depreciation costs related to the removal of current metering equipment, as well
as changes in operating expenses that accompany the changes in plant
investment.
On May 29, 2009,
the IPUC approved annual recovery of $10.5 million, effective June 1, 2009.
The order was based on IPCs actual investment in AMI to date, annualized through
December 31, 2009, rather than IPCs proposed test year. The IPUC also allowed
IPC to begin three-year accelerated depreciation of the existing metering
equipment on June 1, 2009. The order reflects annualized depreciation expense
relating to AMI of $9.2 million. The actual depreciation expense for fiscal
year 2009 will occur over seven months totaling $5.5 million.
4. Power Cost Adjustment
On April 15, 2009, IPC filed
its 2009-2010 Power Cost Adjustment (PCA) application with the IPUC with a
requested effective date of June 1, 2009. The filing requested an increase to
existing revenues of approximately $93.8 million or 11.4 percent. IPC
subsequently reduced its request, based upon its updated April operating plan,
to approximately $84.3 million or 10.2 percent.
The 2009-2010 PCA reflects a
new methodology, approved by the IPUC in Case No. IPC-E-08-19, that utilizes
IPCs most recent operating plan to forecast power supply expenses rather than
the previous method based on a forecast of Brownlee Reservoir inflow and a
regression formula. On May 29, 2009, the IPUC approved the 2009-2010 PCA of
$84.3 million or 10.2 percent, effective June 1, 2009.
5. Oregon Annual Power Cost Update
On October 23, 2008, IPC filed
the October Update portion of its 2009 Annual Power Cost Update (APCU)
with the OPUC. The filing, combined with supplemental testimony filed on
December 1, 2008, reflects that revenues associated with IPCs base net power
supply costs would be increased by $1.6 million over the previous October Update,
an average 4.55 percent increase. IPC and the OPUC Staff reached a verbal
agreement on the October Update.
On March 20, 2009, IPC filed
the March Forecast portion of its 2009 APCU. When combined with the October
Update, the March Forecast resulted in a requested increase to Oregon revenues
of 11.46 percent, or $3.9 million annually. A joint stipulation by IPC, the
OPUC Staff and the Citizens Utility Board in support of IPCs requested
increase was filed with the OPUC on May 4, 2009. On May 26, 2009, the OPUC
issued its order adopting the stipulation and approving the rate increases set
forth in the stipulation effective on June 1, 2009.
6. Oregon 2007-2008 Excess Power Supply Costs
3
On April 30, 2007, IPC filed for an accounting order
with the OPUC to defer net power supply costs for the period from May 1, 2007,
through April 30, 2008, in anticipation of higher than normal (higher than
base) power supply expenses. In the filing, IPC included a forecast of Oregons
jurisdictional share of excess power supply costs of $5.7 million. Settlement
discussions were held in February 2009. As a result of those discussions, the
parties to the proceeding reached a settlement and a stipulation was filed with
the OPUC on April 8, 2009. In the stipulation, the parties agreed to limit the
calculation of excess net power supply costs in this docket to the eight-month
period from May 1 through December 31, 2007. Based on the methodology adopted
by the parties to the stipulation, it was also determined that IPC should be
allowed to defer excess net power supply costs of $5.5 million dollars for that
period. The parties also agreed that the excess power supply costs from the
period beginning in 2008 would be deferred pursuant to the Power Cost
Adjustment Mechanism (PCAM) agreement established as part of the power cost
variance filing for 2008 and calculated according to the PCAM. On May 28,
2009, the OPUC issued its order adopting the stipulation.
Hoku Electric Service Agreement
On September 17, 2008, IPC entered into an Electric
Service Agreement (ESA) with Hoku Materials, Inc. (Hoku) to provide electric
service to Hokus polysilicon production facility in Pocatello, Idaho. The
initial term of the agreement was four years, beginning June 1, 2009, with a
maximum demand obligation during the initial term of 82 megawatts (MW). The
IPUC approved the ESA on March 16, 2009.
On May 27, 2009, IPC and Hoku
agreed to amend certain provisions of the ESA. Under their agreement, IPC and
Hoku are to execute an ESA amendment agreement (ESA Amendment), which will be
filed with the IPUC for approval. If approved by the IPUC, the ESA Amendment
would delay the starting date for Hokus required purchases of power under the
ESA from June 1, 2009 to December 1, 2009. Under the ESA Amendment (i) IPC
would provide electricity to Hoku at the current Schedule 19 Large Industrial tariff
rate through November 30, 2009; (ii) Hoku would take no more than 5 MW of
electric power through July 2009, 10 MW during August 2009 and 25 MW from September
through November 2009; (iii) Hoku would take reduced levels of electric power
of no more than 43 MW during the period June 16, 2012 through August 15, 2012
and 67 MW during the period August 16, 2009 through September 15, 2009; and
(iv) Energy Efficiency Rider charges would be added to a portion of the
electricity demand charges, beginning on December 1, 2011.
The ESA Amendment is not
expected to have a material impact on IPCs 2009 earnings. While the six-month
delay in the starting date for Hokus required energy purchases will reduce IPCs
2009 revenues, this revenue reduction is expected to be largely offset by
corresponding reductions in IPCs costs of providing service to Hoku. Any
revenue reductions that are not offset by corresponding cost reductions would
flow through IPCs power cost adjustment mechanism in Idaho, further reducing the
impact on IPCs earnings.
Langley Gulch Intervenor
Request for Stay
As previously reported, on
March 6, 2009 IPC filed an application with the IPUC for a Certificate of
Public Convenience and Necessity (CPCN) authorizing IPC to construct, own and
operate the Langley Gulch power plant (Langley Gulch). Langley Gulch will be a
natural gas-fired combined cycle combustion turbine generating plant to be
constructed in Payette County, Idaho, with a generating capacity of
approximately 300 MW in the summer and 330 MW in the winter. IPC requested in
its CPCN application that the IPUC issue its order in the Langley Gulch CPCN
case (Langley Gulch Case) by September 1, 2009.
4
On May 29, 2009 a joint
motion was filed in the Langley Gulch Case by the Industrial Customers of Idaho
Power, the Idaho Irrigation Pumpers Association, the Snake River Alliance, the
Idaho Conservation League and the Northwest & Intermountain Power Producers
Coalition, requesting that the IPUC stay the Langley Gulch Case for at least
ten months (Request for Stay). The Request for Stay asserts that the stay
should be granted by the IPUC because (1) IPC should first respond to the
advisory shareholder proposal adopted by IDACORPs shareholders in May 2009,
relating to reductions in IPC greenhouse gas emissions, (2) IPCs 2009
Integrated Resource Plan is not scheduled to be filed until December 2009, (3)
IPCs request for IPUC ratemaking preapproval for Langley Gulch, based on
Idahos newly adopted rate commitment statute, increases the importance of the
IPUCs decision on Langley Gulch, (4) IPC should be able to negotiate an
extension, perhaps at additional cost, of the September 1, 2009 payment dates
for the purchase of the Siemens turbines for Langley Gulch, (5) IPC has already
delayed the on-line date for Langley Gulch from the summer of 2012 to December
2012, and IPCs next peak load following the summer of 2012 will not occur
until the summer of 2013, (6) the continuing recession has reduced the demand
for new IPC generation facilities, and the need for Langley Gulch should be
reassessed when a general economic recovery has begun, (7) PacifiCorp is
mothballing planned generation expansions, and (8) the impacts of IPCs
demand response programs have not been ascertained.
IPC plans to oppose the
Request for Stay. Delaying the IPUC decision date on the Langley Gulch CPCN
for at least 10 months beyond September 1, 2009 would delay the 2012 in-service
date for the project and jeopardize IPCs ability to meet customer loads in
2012 and beyond. Langley Gulch is scheduled to fill the key 2012 baseload
resource requirement identified in IPCs current Integrated Resource Plan. IPCs
updated customer load projections continue to show the need for Langley Gulch
generation capacity by a 2012 project in-service date. Based on these current
load projections, and based on IPCs discussions with the contractors
performing the Langley Gulch Engineering, Procurement and Construction Services
Agreement discussed below, IPC is working to advance the Langley Gulch
in-service date from December 2012 to June 2012.
Delaying the IPUC CPCN
decision beyond September 1, 2009 would also increase IPCs exposure to
cancellation fees and non-refundable contract payments under IPCs gas turbine
and steam turbine purchase agreements for Langley Gulch, as discussed below.
The gas turbine and steam turbine are the largest equipment items for Langley
Gulch, with a combined total purchase price of approximately $90 million.
Under the gas turbine
purchase agreement with Siemens Energy (Gas Turbine Agreement), IPCs purchase
of the gas turbine is subject to IPUC issuance of the CPCN by September 1,
2009, among other conditions. In the event IPC does not receive the CPCN by
September 1, 2009, the Gas Turbine Agreement would automatically terminate,
unless IPC and Siemens Energy reach an agreement within 30 days after that date
to modify the contract price, equipment delivery schedule and other affected
terms and conditions of the Gas Turbine Agreement. Upon such termination, IPC
would be required to pay a cancellation fee of 35 percent of the total purchase
price of the gas turbine, less any payments already made by IPC under the Gas
Turbine Agreement. The Gas Turbine Agreement also contains a schedule of
cancellation fees IPC must pay if it terminates the Gas Turbine Agreement at
any time during the contract term, absent assignment of the Gas Turbine
Agreement by IPC with the written consent of Siemens Energy. The cancellation
fees are based on a percentage of the total gas turbine purchase price and
increase monthly from 20 percent on July 1, 2009 to 100 percent on or after
September 1, 2010.
The steam turbine purchase
agreement with Siemens Energy (Steam Turbine Agreement) also contains a
cancellation fee schedule. IPC has the right to terminate the Steam Turbine
Agreement at any time upon paying a cancellation fee to Siemens Energy based on
a percentage of the total purchase price of the steam turbine, absent
assignment of the Steam Turbine Agreement by IPC with the written consent of
Siemens Energy. The Steam Turbine Agreement cancellation fee percentage
increases monthly from 10 percent on February 1, 2009 to 100 percent on or
after May 1, 2011. The cancellation fee is 15 percent on September 1, 2009.
5
IPC must also make
non-refundable contract payments to Siemens Energy under the Gas Turbine
Agreement beginning on September 1, 2009, in addition to its previous
non-refundable reservation fee payment of $2.75 million. IPCs September 1,
2009 contract payment is approximately 20 percent of the total gas turbine
purchase price, with additional monthly payments thereafter, concluding with
the final contract payment on January 1, 2011. The cumulative amount of IPCs
contract payments under the Gas Turbine Agreement would be offset against any
cancellation fees owed by IPC under the Gas Turbine Agreement.
IPC must also make
non-refundable contract payments to Siemens Energy under the Steam Turbine
Agreement beginning on September 11, 2009, in addition to its previous
non-refundable payments for the steam turbine - the reservation fee payment of
approximately $2.9 million and the initial contract payment of
approximately $3.1 million. IPCs September 11, 2009 contract payment is 14
percent of the total steam turbine purchase price, with additional contract
payments due in March 2010, September 2010 and April 2011, and a smaller final
contract payment due at final acceptance of the steam turbine. The cumulative
amount of IPCs contract payments under the Steam Turbine Agreement would be
offset against any cancellation fees owed by IPC under the Steam Turbine
Agreement.
On May 7, 2009, IPC entered into
an Engineering, Procurement and Construction Services Agreement (EPC Agreement)
with Boise Power Partners Joint Venture, a joint venture consisting of Kiewit
Power Engineers Co. and TIC-The Industrial Company (collectively, the
Contractor), for design, engineering, procurement, construction management and
construction services for Langley Gulch.
The EPC Agreement is the
primary agreement governing the proposed development of Langley Gulch,
providing for the specific design, engineering and construction work to be
performed for Langley Gulch, as well as the equipment procurement required for
the project. The total contract price to be paid by IPC under the EPC
Agreement is approximately one-half of the projected $427 million total project
cost for Langley Gulch.
The EPC Agreement provides
that IPC is to issue a Full Notice to Proceed (FNTP) to the Contractor no later
than September 1, 2009 to authorize the Contractor to commence and complete all
work under the EPC Agreement. IPC plans to issue the FNTP by September 1, 2009
if it has (i) received an acceptable CPCN from the IPUC, (ii) received board
approval and (iii) identified satisfactory financing options for the project at
that time. The EPC Agreement provides that if IPC does not issue the FNTP by
November 1, 2009, the Contractor may terminate the EPC Agreement, which
termination will be without liability to either party other than for the
Contractors costs properly incurred pursuant to any work performed under the
Master Services Agreement between IPC and the Contractor dated October 3, 2008.
The amounts payable under the Master Services Agreement are not expected to be
material to IPC.
IPC is required to make
monthly progress payments to the Contractor under the EPC Agreement beginning in
October 2009. The first twelve monthly progress payments between October 2009
and September 2010 will represent approximately one-fourth of the total payments
scheduled to be made by IPC under the EPC Agreement. IPC may terminate the EPC
Agreement at any time if it abandons the Langley Gulch project. Upon such
termination, the Contractor is entitled to keep the progress payments
previously paid by IPC, and IPC would be required to pay the value of the work
completed to the date of termination not previously covered by IPC progress
payments, plus a 15 percent markup on such costs.
Statement of Financial Accounting Standards No. 160
Effective January 1, 2009,
IDACORP, Inc. adopted Statement of Financial Accounting Standards No. 160, Noncontrolling
Interests in Consolidated Financial Statements (SFAS 160) and FASB Staff
Position EITF 03-6-1, Determining Whether Instruments Granted in Share-Based
Payment Transactions Are Participating Securities (FSP EITF 03-6-1).
6
SFAS 160 amended Accounting
Research Bulletin No. 51, Consolidated Financial Statements, to
establish accounting and reporting standards for a noncontrolling (minority)
interest in a subsidiary and for the deconsolidation of a subsidiary. The
adoption of SFAS 160 did not have any material impact on IDACORPs financial
condition and results of operations. However, it did impact the presentation
and disclosure of noncontrolling (minority) interests in IDACORPs consolidated
financial statements. The noncontrolling (minority) interests relate to third
party stakeholders in two consolidated variable interest entities, Marysville
Hydro Partners, LLC, and Empire Development, LLC.
Under the guidance in FSP
EITF 03-6-1, unvested share-based payment awards that contain non-forfeitable
rights to dividends or dividend equivalents (whether paid or unpaid) are
participating securities and are included in the computation of earnings per
share pursuant to the two-class method described in SFAS No. 128, Earnings
per Share. The adoption of EITF 03-6-1 did not have a material impact on
the consolidated financial statements of IDACORP.
As a result of the
retrospective presentation and disclosure requirements of SFAS 160 and FSP EITF
03-6-1, IDACORP will be required to reflect the changes in presentation and
disclosure for all periods presented in future filings of its periodic reports
with the Securities and Exchange Commission. IDACORP determined that the
accounting changes were not material to its previously issued financial
statements. The following table summarizes the effects of the adoption of SFAS
160 and FSP EITF 03-6-1 on IDACORPs financial statements as of December 31,
2008 and 2007 and for the years ended December 31, 2008, 2007 and 2006 (in
thousands, except per share amounts):
7
2008 |
2007 |
2006 |
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As |
As |
As |
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Previously |
As |
Previously |
As |
Previously |
As |
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Reported |
Revised |
Reported |
Revised |
Reported |
Revised |
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Consolidated Statements |
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of Income: |
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Other expense |
$ |
7,861 |
$ |
8,030 |
$ |
8,434 |
$ |
8,903 |
$ |
8,559 |
$ |
8,564 |
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Income before income taxes |
117,614 |
117,445 |
96,003 |
95,534 |
115,452 |
115,447 |
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Income from continuing |
|||||||||||||||
operations |
98,414 |
98,245 |
82,272 |
81,803 |
100,075 |
100,070 |
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Net income |
98,414 |
98,245 |
82,339 |
81,870 |
107,403 |
107,398 |
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Net income attributable to |
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IDACORP, Inc. (1) |
- |
98,414 |
- |
82,339 |
- |
107,403 |
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Loss attributable to |
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noncontrolling interests (1) |
- |
169 |
- |
469 |
- |
5 |
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Earnings per share of common |
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stock-basic (2) |
2.18 |
- |
1.86 |
- |
2.51 |
- |
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Earnings per share of common |
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stock-diluted (2) |
2.17 |
- |
1.85 |
- |
2.51 |
- |
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Earnings per share of common |
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stock: |
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Earnings attributable to |
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IDACORP, Inc. - basic (1) |
- |
2.17 |
- |
1.86 |
- |
2.51 |
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Earnings attributable to |
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IDACORP, Inc. - diluted (1) |
- |
2.17 |
- |
1.85 |
- |
2.5 |
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Net income |
98,414 |
98,245 |
82,339 |
81,870 |
107,403 |
107,398 |
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Total comprehensive income |
95,863 |
95,694 |
81,920 |
81,451 |
108,107 |
108,102 |
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Comprehensive loss attributable |
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to noncontrolling interests (1) |
- |
169 |
- |
469 |
- |
5 |
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Comprehensive income |
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attributable to IDACORP, |
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Inc.(1) |
- |
95,863 |
- |
81,920 |
- |
108,107 |
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Consolidated Statements of |
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Cash Flows: |
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Operating Activities: |
|||||||||||||||
Net income |
98,414 |
98,245 |
82,339 |
81,870 |
107,403 |
107,398 |
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Other liabilities |
4,182 |
4,013 |
13,098 |
12,629 |
10,199 |
10,194 |
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Consolidated Statements of |
|||||||||||||||
Shareholders Equity: |
|||||||||||||||
Net income |
98,414 |
98,245 |
82,339 |
81,870 |
107,403 |
107,398 |
|||||||||
Noncontrolling interest (1) |
- |
4,434 |
- |
4,478 |
- |
5,062 |
|||||||||
Total shareholders equity |
1,302,437 |
1,306,871 |
1,207,315 |
1,211,793 |
1,124,183 |
1,129,245 |
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Consolidated Balance Sheets: |
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Other liabilities-other |
349,304 |
344,870 |
173,412 |
168,934 |
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Total other liabilities |
1,141,289 |
1,136,855 |
913,798 |
909,320 |
|||||||||||
Noncontrolling interest (1) |
- |
4,434 |
- |
4,478 |
|||||||||||
Total IDACORP, Inc. |
|||||||||||||||
shareholders equity (1) |
- |
1,302,437 |
- |
1,207,315 |
|||||||||||
Total shareholders equity |
1,302,437 |
1,306,871 |
1,207,315 |
1,211,793 |
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(1) |
Represents a new financial statement line item included as a result of the application of SFAS 160. |
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(2) |
Represents a financial statement line item discontinued as a result of the application of SFAS 160. |
|||||||||||||
8
Western Shoshone National Council
On April 10, 2006, the
Western Shoshone National Council (which purports to be the governing body of
the Western Shoshone Nation) and certain of its individual tribal members filed
a First Amended Complaint and Demand for Jury Trial in the U.S. District Court
for the District of Nevada, naming IPC and other unrelated entities as
defendants. Plaintiffs allege that IPCs ownership interest in certain land,
minerals, water or other resources was converted and fraudulently conveyed from
lands in which the plaintiffs had historical ownership rights and Indian title
dating back to the 1860s or before.
On May 31, 2007, the U.S.
District Court granted the defendants motion to dismiss stating that the
plaintiffs claims are barred by the finality provision of the Indian Claims
Commission Act. Plaintiffs appealed the District Courts decision to the
United States Court of Appeals for the Ninth Circuit. On June 4, 2009, the
Ninth Circuit issued a Memorandum Opinion affirming the District Courts
dismissal of the action. If further pursued by the plaintiffs, IPC intends to
vigorously defend its position in this proceeding. IPC believes this matter
will not have a material adverse effect on its consolidated financial position,
results of operations or cash flows.
9
Certain statements contained
in this Current Report on Form 8-K, including statements with respect to future
earnings, ongoing operations, and financial conditions, are forward-looking
statements within the meaning of federal securities laws. Although IDACORP and
IPC believe that the expectations and assumptions reflected in these forward-looking
statements are reasonable, these statements involve a number of risks and
uncertainties, and actual results may differ materially from the results
discussed in the statements. Factors that could cause actual results to differ
materially from the forward-looking statements include: the effect of
regulatory decisions by the Idaho Public Utilities Commission, the Oregon
Public Utility Commission and the Federal Energy Regulatory Commission
affecting our ability to recover costs and/or earn a reasonable rate of return
including, but not limited to, the disallowance of costs that have been
deferred; changes in and compliance with state and federal laws, policies and
regulations including new interpretations by oversight bodies, which include
the Federal Energy Regulatory Commission, the North American Electric
Reliability Corporation, the Western Electricity Coordinating Council, the
Idaho Public Utilities Commission and the Oregon Public Utility Commission, of
existing policies and regulations that affect the cost of compliance,
investigations and audits, penalties and costs of remediation that may or may not
be recoverable through rates; changes in tax laws or related regulations or new
interpretations of applicable law by the Internal Revenue Service or other
taxing jurisdiction; litigation and regulatory proceedings, including those
resulting from the energy situation in the western United States, and penalties
and settlements that influence business and profitability; changes in and
compliance with laws, regulations, and policies including changes in law and
compliance with environmental, natural resources, endangered species and safety
laws, regulations and policies and the adoption of laws and regulations
addressing greenhouse gas emissions, global climate change, and energy
policies; global climate change and regional weather variations affecting
customer demand and hydroelectric generation; over-appropriation of surface and
groundwater in the Snake River Basin resulting in reduced generation at
hydroelectric facilities; construction of power generation, transmission and
distribution facilities, including an inability to obtain required governmental
permits and approvals, rights-of-way and siting, and risks related to
contracting, construction and start-up; operation of power generating
facilities including performance below expected levels, breakdown or failure of
equipment, availability of transmission and fuel supply; changes in operating
expenses and capital expenditures, including costs and availability of
materials, fuel and commodities; blackouts or other disruptions of Idaho Power
Companys transmission system or the western interconnected transmission
system; population growth rates and other demographic patterns; market prices
and demand for energy, including structural market changes; increases in
uncollectible customer receivables; fluctuations in sources and uses of cash;
results of financing efforts, including the ability to obtain financing or
refinance existing debt when necessary or on favorable terms, which can be
affected by factors such as credit ratings, volatility in the financial markets
and other economic conditions; actions by credit rating agencies, including
changes in rating criteria and new interpretations of existing criteria;
changes in interest rates or rates of inflation; performance of the stock
market, interest rates, credit spreads and other financial market conditions,
as well as changes in government regulations, which affect the amount and
timing of required contributions to pension plans and the reported costs of
providing pension and other postretirement benefits; increases in health care
costs and the resulting effect on medical benefits paid for employees;
increasing costs of insurance, changes in coverage terms and the ability to
obtain insurance; homeland security, acts of war or terrorism; natural
disasters and other natural risks, such as earthquake, flood, drought,
lightning, wind and fire; adoption of or changes in critical accounting
policies or estimates; and new accounting or Securities and Exchange Commission
requirements, or new interpretation or application of existing requirements.
Any such forward-looking statements should be considered in light of such
factors and others noted in the companies Annual Report on Form 10-K for the
year ended December 31, 2008, and other reports on file with the Securities and
Exchange Commission. Any forward-looking statement speaks only as of the date
on which such statement is made. New factors emerge from time to time and it is
not possible for management to predict all such factors, nor can it assess the
impact of any such factor on the business or the extent to which any factor, or
combination of factors, may cause results to differ materially from those
contained in any forward-looking statement.
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SIGNATURES
Pursuant to the requirements
of the Securities Exchange Act of 1934, the registrants have duly caused this
report to be signed on their behalf by the undersigned hereunto duly
authorized.
Dated: June 8, 2009
IDACORP, Inc.
By: /s/ Darrel T. Anderson
Darrel T. Anderson
Senior Vice President -
Administrative Services
and Chief Financial Officer
IDAHO POWER COMPANY
By: /s/ Darrel T. Anderson
Darrel T. Anderson
Senior Vice President -
Administrative Services
and Chief Financial Officer
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