HomeMy WebLinkAbout20240829Final_Order_No_36311.pdf Office of the Secretary
Service Date
August 29,2024
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF QUESTAR GAS ) CASE NO. QST-G-23-01
COMPANY'S AND ENBRIDGE QUAIL )
HOLDINGS, LLC'S JOINT APPLICATION )
FOR APPROVAL OF THE PROPOSED SALE ) ORDER NO. 36311
OF FALL WEST HOLDCO LLC TO )
ENDBRIDGE QUAIL HOLDINGS,LLC )
On June 6,2024,the Idaho Public Utilities Commission("IPUC")issued Order No. 36204,
finding that Enbridge Quail Holdings, LLC's ("Enbridge") acquisition of the parent company of
Questar Gas Company ("Questar") dba Dominion Energy Utah was reasonable and in the public
interest. Furthermore,because the passage of time resulted in changes not reflected in the existing
contract for regulatory services ("CRS")between the IPUC and Utah Public Service Commission
("UPSC") that authorized the application of UPSC rates to Questar's Idaho customers, the IPUC
authorized its President to execute an updated CRS with the UPSC. Order No. 36204 at 5-6.
During the IPUC's August 27, 2024, decision meeting, Staff presented a decision
memorandum that indicated the UPSC chairman had executed a slightly modified version of the
CRS the IPUC authorized its President to sign in Order No. 36204. As the version of the CRS
executed by the UPSC chairman contained only non-substantive revisions (e.g., adding an email
address for the UPSC), Staff recommended that IPUC authorize its President to sign that version
of the CRS. Additionally, Staff recommended the IPUC close this docket as execution of the CRS
would leave no other outstanding issues in this proceeding.
DISCUSSION AND FINDINGS
Questar is a gas corporation and public utility subject to the Idaho Commission's
jurisdiction pursuant to Idaho Code §§ 61-117 and -129. The CRS allows application of rates,
charges and service regulations adopted by the UPSC to Questar's Idaho customers if certain
parameters (protecting Idaho customers) are met. We maintain all other authority granted to the
IPUC by the Idaho Legislature under Title 61 of Idaho Code.
As the version of the CRS executed by the UPSC chairman does not vary substantively
from the version we previously authorized the IPUC President to sign, we find it fair, just, and
reasonable to authorize the IPUC President to sign that version of the CRS. A copy of that version
ORDER NO. 36311 1
of the CRS is attached to this order as Exhibit 1. As there are no other outstanding matters in this
case, we direct that it be closed.
ORDER
IT IS HEREBY ORDERED that the IPUC President is authorized to sign on behalf of the
IPUC the CRS executed by the UPSC chairman, a copy of this document is attached to this Order.
IT IS FURTHER ORDERED that this docket shall be closed.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order about any matter
decided in this Order. Within seven (7) days after any person has petitioned for reconsideration,
any other person may cross-petition for reconsideration. See Idaho Code § 61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 291h day of
August 2024.
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ERIC ANDERSON, PRESIDENT
?HN R. HAMMOND JR., COMMISSIONER
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CONTRACT FOR REGULATORY SERVICES
This contract is entered into by and between the IDAHO PUBLIC UTILITIES
COMMISSION (hereinafter IPUC), whose principal office is located at11331 W. Chinden Blvd.
Building 8, Suite 201-A, Boise, ID 83704, telephone (208) 334-0300, and the UTAH PUBLIC
SERVICE COMMISSION (hereinafter UPSC), whose principal office is located at 160 East 300
South, Salt Lake City, Utah 84111, telephone (801) 530-6716.
WHEREAS, IPUC has the power and authority pursuant to Idaho Code § 61-505(2) to
`.contract with the regulatory agencies of neighboring states to . . . set rates and charges for
customers in Idaho located in or near border communities served by utilities principally located
in" neighboring states, and,
WHEREAS, Questar Gas Company ("Questar"), an indirect wholly owned subsidiary of
Enbridge Inc., a Canadian corporation, whose principal office is located at 333 South State
Street, Salt Lake City, Utah 84111, serves natural gas customers in Utah, Wyoming, and Idaho,
and,
WHEREAS, Questar is a public utility regulated by UPSC, and,
WHEREAS, IPUC has found that the provision of utility service to customers in Franklin
County by Questar is in the public interest and has issued Certificate of Public Convenience and
Necessity No. 315 to Questar, and,
WHEREAS, the IPUC and UPSC previously entered into a contract for regulatory
services dated August 1990 and March 2016, and,
WHEREAS, the IPUC shall maintain its pipeline safety supervision over Questar's
facilities located in Idaho, and,
WHEREAS, IPUC has found that it is impractical or not in the public interest to conduct
regulatory proceedings for affected Idaho residents separate from the proceedings conducted by
UPSC for Questar's Utah ratepayers, and,
WHEREAS,Questar will do business in Idaho as Enbridge Gas Idaho.
WITNESSETH:
1. Scope. The IPUC and UPSC hereby contract and agree that the rates, charges and
service regulations adopted by UPSC for Questar in Utah shall be applied to similarly situated
customers served by Questar in Idaho and that the findings, decisions and orders of the UPSC are
CONTRACTFOR
REGULATORY SERVICES 1 Exhibit 1
Order No. 3 63 11
QST-G-23-01
presumptively correct and will take effect according to the terms of the order of the UPSC, with
review as provided by Idaho Code § 61-505(4). Idaho residents who receive utility service from
Questar will be accorded full rights of representation and participation in the hearings conducted
by UPSC concerning Questar as well as the same rights that Utah customers have to pursue
service-related issues. The rates, charges and service regulations for Idaho customers will not be
less favorable than those of similarly situated Utah customers.
2. Winter Moratorium. It is further agreed that Idaho customers of Questar will be
subject to Rule 306 of the IPUC Customer Relations Rules for Gas, Electric and Water Public
Utilities, IDAPA 31.21.01.306, for purposes of disconnection of natural gas service during the
winter months of December through February.
3. Revenue. Expenses. Service. UPSC agrees to include the revenue, investment and
expenses of Questar's Idaho service territory in its calculation of rates and charges for Questar.
UPSC agrees to place the IPUC on its service lists for any cases involving Questar so that IPUC
may receive all orders, notices, etc. that are issued in cases that involve Questar.
4. Toll-Free Number. UPSC agrees to provide toll-free telephone access to Idaho
customers of Questar to contact the UPSC.
5. Term and Renewal. It is the intent of IPUC and UPSC that this contract have an
initial term of one (1) full calendar year from S 5;f5!/ - 1, 2024, and shall be renewed
automatically for additional one (1)year terms, subject to the Termination provision below.
6. Termination. Either party may provide written notice of termination of this contract
prior to the expiration of the initial term or each one (1)year renewal term. This contract may be
discontinued and terminated pursuant to the applicable laws of either Idaho or Utah.
7. IPUC Review. IPUC may review this contract or rates applied to Idaho residents
pursuant to this contract upon petition of Idaho customers of Questar upon the conditions
provided by Idaho Code § 61-505(4), namely: a showing that all remedies with the UPSC have
been exhausted, that all remedies with Questar have been exhausted and that Idaho customers
have been discriminatorily,preferentially or otherwise unlawfully treated by the UPSC.
8. Written Notice. Any notice given in connection with this contract shall be in writing
and shall be delivered either by hand to the other party, by certified mail, postage prepaid, return
receipt requested, to the addressee provided below or by facsimile transmission to the other party
at the facsimile number below. Notice shall be deemed delivered immediately upon personal
CONTRACT FOR
REGULATORY SERVICES 2 Exhibit 1
Order No. 3 63 11
QST-G-23-01
service or facsimile transmission or forty-eight (48) hours after depositing notice or demand in
the United States mail. Either party may change its address by giving written notice of the
change to the other party.
TO: TO:
Idaho Public Utilities Commission Utah Public Service Commission
PO Box 83720 160 East 300 South
Boise, ID 83720-0074 Salt Lake City,UT 84111
srcretan-"ti.Iaur,idaho.cuv psc a utah.Pov
Telephone: (801)530-6716
FAX: (801) 530-6796
ATTN: Commission Secretary
Street Address for Express Mail:
11331 W. Chinden Blvd.
Boise, ID 83714
9. Headings. The headings have been inserted for convenience solely and are not to be
considered when interpreting the provisions of this contract.
10. Counterparts. This contract may be executed in two (2) or more counterparts, each
of which shall be deemed an original but all of which together shall constitute one and the same
instrument.
11. Sovereign Immunity. Nothing in this contract shall be construed as a waiver of
Idaho's or Utah's sovereign immunity, which immunity is hereby expressly reserved.
12. Entire Agreement. This Agreement constitutes the entire agreement between the
parties hereto with respect to the subject matter hereof and supersedes all prior agreements and
understandings, both written and oral, between the parties with respect to the subject matter
hereof.
DATED this__day of 2024.
IDAHO PUBLIC UTILITIES COMMISSION
By
Eric Anderson, President
CONTRACTFOR
REGULATORY SERVICES 3 Exhibit 1
Order No. 3 63 11
QST-G-23-01
UTAH PUBLIC SERVICE COMMISSION
By
Jerry . Fe ,Chair
CONTRACT FOR
REGULATORY SERVICES 4 Exhibit 1
Order No. 3 63 11
QST-G-23-01