3. Position of the Parties

In its petition, Pacific contends that it is authorized by D.98-07-033 to true up its approved CHCF-B draw with the revenue effect of the rate reductions adopted in D.98-07-033.² Pacific asks the Commission to modify D.98-07-033 to specify how the true up should be performed. Pacific offers two approaches in its petition. One would result in a rate increase of $3.4 million, and the other in a rate increase of $17.2 million.

ORA and TURN oppose Pacific's petition. They argue that D.98-07-033 and D.99-09-061 do not authorize Pacific to true up the revenue effect, and that the true up authorized by Resolution T-16260 was overturned by D.99-09-061.