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HomeMy WebLinkAbout20241105Application.pdf —�IQAHO Ro RECEIVED LISA D. NORDSTROM Tuesday, November 5, 2024 Lead Counsel InordstromC�idahopower.com IDAHO PUBLIC UTILITIES COMMISSION November 5, 2024 VIA ELECTRONIC FILING Commission Secretary Idaho Public Utilities Commission 11331 W. Chinden Blvd., Bldg 8, Suite 201-A (83714) PO Box 83720 Boise, Idaho 83720-0074 Re: Case No. IPC-E-24-41 In the Matter of the Application of Idaho Power Company for an Order Approving the Transfer of Certain Assets Associated with Transmission Plant Held for Future Use Dear Commission Secretary: Enclosed for electronic filing please find Idaho Power Company's Application in the above matter. If you have any questions about the attached documents, please do not hesitate to contact me. Very truly yours, �(�., .�• �hc��-.-ram Lisa D. Nordstrom LDN:sg Attachments 1221 W. Idaho St(83702) P.O. Box 70 Boise, ID 83707 LISA D. NORDSTROM (ISB No. 5733) Idaho Power Company 1221 West Idaho Street (83702) P.O. Box 70 Boise, Idaho 83707 Telephone: (208) 388-5825 Facsimile: (208) 388-6936 Inordstrom(a_idahopower.com Attorney for Idaho Power Company BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION ) OF IDAHO POWER COMPANY FOR AN ) CASE NO. IPC-E-24-41 ORDER APPROVING THE TRANSFER ) OF CERTAIN ASSETS ASSOCIATED ) APPLICATION WITH TRANSMISSION PLANT HELD ) FOR FUTURE USE. ) Idaho Power Company ("Idaho Power" or "Company"), in accordance with Idaho Code § 61-328 and 61-524 and Rule of Procedure 52, hereby respectfully makes application to the Idaho Public Utilities Commission ("Commission") for an order approving the conveyance of approximately 1 .07 acres of land located in the McCall- Donnelly Transmission Corridor', in Valley County, Idaho, to Daniel J. Booth. In support of this Application, Idaho Power asserts as follows: Identified as land on which the Company plans to utilize portions for future transmission lines, the McCall-Donnelly Transmission Corridor averages 100 feet in width for approximately 10 miles between McCall and Donnelly. See Attachment 1's Exhibit A containing the real estate description and site plan of the conveyance. APPLICATION - 1 I. BACKGROUND 1. In 1985, the Company acquired from the Union Pacific Railroad Company ("Union Pacific") various strips of land associated with an abandoned railroad line in Valley County, Idaho, totaling approximately 90 acres. The intent of the land acquisition was to create a transmission corridor, the McCall-Donnelly Transmission Corridor, for a future transmission line. Therefore, Idaho Power recorded the land in Federal Energy Regulatory Commission ("FERC") Account 105, Plant Held for Future Use. 2. Since acquiring the land from Union Pacific, the Company has been contacted by various landowners of parcels adjacent to the transmission corridor requesting to purchase the former railroad line parcels from Idaho Power. Historically, the Company has sold various parcels to landowners, retaining easements on the property that will still allow for placement of a future transmission line by Idaho Power. Recently, Mr. Booth communicated interest in purchasing the strip of land adjacent to his property, approximately 1.07 acres, to maintain and provide additional access to Mr. Booth's adjacent property. II. DESCRIPTION OF TRANSACTION 3. Under the proposed transaction, Idaho Power would transfer the 1.07-acre parcel to Mr. Booth but reserve the entire parcel of land as an easement, for a purchase price of $1,900. The land, which is encumbered by the powerline easement depicted on page 8 of the Real Estate Sale and Purchase Agreement found in Attachment 1, is being conveyed at market value. As explained earlier, this conveyance will release the Company's responsibility associated with land ownership to Mr. Booth but will allow Idaho Power to maintain the use of the land for its intended purpose. APPLICATION - 2 III. IDAHO CODE§ 61-328 4. Pursuant to Idaho Code § 61-328, an electric utility must obtain approval from the Commission before it sells or transfers ownership in any generation, transmission, or distribution plant located in Idaho. Before authorizing the transaction, the public utilities commission shall find: (a) That the transaction is consistent with the public interest; (b) That the cost of and rates for supplying service will not be increased by reason of such transaction; and (c) That the applicant for such acquisition or transfer has the bona fide intent and financial ability to operate and maintain said property in the public service. Idaho Code § 61-328(3). 5. The transfer of the 1.07-acre parcel in the McCall-Donnelly Transmission Corridor meets the above-stated requirements of Idaho Code § 61-328(3). The transaction is in the public interest as it relieves the Company of ownership and maintenance responsibilities of the land while still allowing for use of the land for its intended purpose, not impacting Idaho Power's ability to provide safe, efficient, and reliable service to customers. Consequently, the cost of and rates for supplying service will not be increased by this transaction. 6. As a landowner of an adjacent parcel (identified as "613" on the map found in Attachment 1) who is interested in maintaining the land, Mr. Booth has the bona fide intent and financial ability to operate and maintain the land in the public service. IV. PROPOSED ACCOUNTING 7. The original cost of the 1.07 acres of land was $1,148.33. Please see Attachment 2 for the proposed journal entries associated with the transaction, including the removal of the original cost from FERC Account 105, Plant Held for Future Use. APPLICATION - 3 V. MODIFIED PROCEDURE 8. Idaho Power believes that a technical hearing is not necessary to consider the issues presented herein, and respectfully requests that this Application be processed under Modified Procedure; i.e., by written submissions rather than by hearing. RP 201 et seq. VI. COMMUNICATIONS AND SERVICE OF PLEADINGS 9. Communications and service of pleadings with reference to this proceeding should be served on the following: Lisa D. Nordstrom Matt Larkin Idaho Power Company Courtney Waites 1221 West Idaho Street (83702) Idaho Power Company P.O. Box 70 1221 West Idaho Street (83702) Boise, Idaho 83707 P.O. Box 70 Inordstrom(aMdahopower.com Boise, Idaho 83707 dockets idahopower.com mlarkin .idahopower.com cwaites(a)idahopower.com VII. REQUEST FOR RELIEF 10. Idaho Power respectfully requests a Commission order authorizing the conveyance of the 1.07-acre McCall-Donnelly Transmission Corridor parcel to Mr. Booth consistent with the requirements of Idaho Code §61-328. DATED at Boise, Idaho, this 5th day of November 2024. LISA D. NORDSTROM Attorney for Idaho Power Company APPLICATION -4 VERIFICATION STATE OF IDAHO ) ) ss. County of Ada ) LISA D. NORDSTROM, being duly sworn, deposes and states that she is an attorney for Idaho Power Company, that she has read the foregoing Application and knows the contents thereof, and that the same are true to the best of her knowledge and belief. LISA D. NORDSTROM SUBSCRIBED AND SWORN TO before me, a notary public of the state of Idaho, this 51h day of November 2024. SANDRA D HOLMES Notary Public-State of Idaho Notary Public for Idaho Commission Number 40156 My Commission Expires Jun 5, 2027 Residing at Ada County, Idaho / My commission expires: APPLICATION-5 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 5th day of November 2024, 1 served a true and correct copy of foregoing APPLICATION upon the following named parties by the method indicated below, and addressed to the following: Daniel J. Booth Hand Delivered 145 Kens PI U.S. Mail McCall, Idaho 83638 Overnight Mail FAX x Email boothsies@gmail.com Stacy Gust Regulatory Administrative Assistant APPLICATION - 6 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION CASE NO. IPC-E-24-41 IDAHO POWER COMPANY ATTACHMENT NO. 1 REAL ESTATE PURCHASE AND SALE AGREEMENT Docusign Envelope ID: ECC9C940-D32F-44F9-A71 D-3E60BEE7ED51 REAL ESTATE PURCHASE AND SALE AGREEMENT This Real Estate Purchase and Sale Agreement ("Agreement") is made this 5th day of September , 2024 ("Effective Date"), by and between Idaho Power Company, an Idaho Corporation, its successors and assigns (collectively, "Seller"), and Daniel J. Booth, his heirs, successors and assigns (collectively, "Buyer"). RECITALS A. Seller is the owner of that certain real property consisting of approximately 1.07 acres of land more particularly described in Exhibit A attached hereto and made a part hereof and as further described below ("Property"). The Property is depicted on Exhibit A-1 attached hereto and made a part hereof. B. Buyer desires to purchase the Property and Seller desires to sell, transfer and convey the Property according to the provisions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1. Agreement to Purchase and Sell. Subject to the terms of this Agreement, Seller shall sell, convey, grant, transfer and assign to Buyer, and Buyer shall purchase from Seller, Seller's right, title and interest in and to the Property. 2. Purchase Price. The purchase price for the Property shall be One Thousand Nine Hundred and No/100 Dollars ($1,900.00) ("Purchase Price") payable in full on the Closing Date defined below. 3. Conditions in Favor of Buyer. Buyer's obligation to close the transaction is subject to all of the conditions set forth in this Section 3 (collectively, "Conditions Precedent"). Seller agrees, as an affirmative covenant of Seller, to reasonably cooperate with Buyer and execute such documents that are reasonably necessary to satisfy the Conditions Precedent. 3.1 Condition of Property. Buyer shall have determined prior to Closing that all aspects of the physical, legal and economic condition of the Property (including environmental matters) are suitable for Buyer's intended use. 3.1.1. Feasibility Studies. Buyer shall have the right to conduct such tests, feasibility studies and inspections of the Property that Buyer desires, at its sole expense (collectively, "Buyer's Inspection"), and the results of Buyer's Inspection must be acceptable to Buyer. Purchase and Sale Agreement 1 Idaho Power and Booth McCall-Donnelly Transmission Lands (partial disposal) Docusign Envelope ID: ECC9C940-D32F-44F9-A71 D-3E60BEE7ED51 3.1.2. Environmental Assessment. As part of Buyer's review of the condition of the Property, Seller shall permit Buyer and Buyer's Agents (defined in Section 4, below)to perform an environmental assessment of the Property, including an environmental audit and further including all investigations sampling, drilling, testing and other operations that Buyer may desire as a result of the environmental audit or otherwise. The results of Buyer's environmental assessment under this Section 3.1.2 must be acceptable to Buyer, in its sole and absolute discretion. 3.1.3 Intentionally Deleted 3.1.4 Review Period. Buyer shall have sixty (60) days after the Effective Date ("Review Period") to either (i) satisfy or waive the conditions set forth in this Section 3.1, or(ii)terminate this Agreement by written notice delivered to Seller. If this Agreement is not terminated by Buyer within the Review Period, then this condition shall be deemed waived by Buyer. 3.2 Intentionally Deleted 3.3 Representations, Warranties and Covenants. All representations and warranties of Seller in this Agreement shall be true and correct as of Closing. Seller shall have performed all obligations, covenants and agreements to be performed prior to Closing as set forth in this Agreement. 3.4 Failure of Conditions. If any of the conditions set forth in this Section 3 are not satisfied prior to Closing for reasons unrelated to Buyer's material default, Buyer shall have the right to terminate this Agreement by written notice delivered to Seller prior to Closing, and both parties shall be released from further liability under this Agreement. 4. Access to Property. From and after the Effective Date and continuing until Closing, or the date this Agreement Terminates, whichever is earlier, Seller hereby grants to Buyer, its agents, employees, contractors and independent contractors (collectively, "Buyer's Agents")the license to enter upon the Property for the purpose of conducting such tests, studies and inspections, including, without limitation, an environmental assessment of the Property, as are desired by Buyer in its sole and absolute discretion and at its sole expense. Buyer shall repair any damage caused by Buyer or Buyer's Agents to the Property and shall indemnify and hold Seller harmless from and against any costs, expenses, losses, attorney's fees and liabilities incurred or sustained by Seller either prior or subsequent to Closing as a result of the conduct of Buyer or Buyer's Agents upon the Property or relating to any mechanic's liens recorded against the Property as a result of work undertaken by or contracted for by Buyer or Buyer's Agents hereunder. 5. Seller's Representations and Warranties. Seller represents, warrants and covenants to Buyer that the following are true as of the Effective Date of this Agreement and shall be true as of the Closing: 5.1 Seller's Authority. Seller has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transaction contemplated hereby. Purchase and Sale Agreement 2 Idaho Power and Booth McCall-Donnelly Transmission Lands (partial disposal) Docusign Envelope ID: ECC9C940-D32F-44F9-A71 D-3E60BEE7ED51 6. Intentionally Deleted 7. Delivery of Property. Upon Closing, Seller shall deliver vacant possession of the Property(with all personal property removed)to Buyer, and Seller agrees to terminate any leases affecting the Property and to cause any third parties to vacate the Property prior to Closing. 8. Closing. 8.1 Closing and Closing Date. "Closing" shall mean the closing of the transaction contemplated in this Agreement. Closing shall occur at a place and time mutually agreed upon by the parties but in no event later than thirty (30) days following the date all of Buyer's Conditions Precedent have been satisfied and after PUC Approval, as defined in Section 12 ("Closing Date"). 8.2 Intentionally Deleted 8.3 Seller's Closing Obligations and Documents. At Closing, the following documents, instruments and other materials ("Seller's Closing Documents")will be delivered by Seller to Buyer, at Seller's sole expense (unless otherwise provided): 8.3.1 Intentionally Deleted 8.3.2 Quit Claim Deed. A duly executed and acknowledged Quit Claim Deed conveying Seller's right, title and interest in and to the Property (including any appurtenant easements), to Buyer, in the form attached hereto as Exhibit B and made a part hereof, subject only to a reserved power line easement ("Deed"); and 8.3.3 Intentionally Deleted 8.4 Buyer's Closing Obligations. 8.4.1 Delivery of Purchase Price and Other Funds. At Closing, Buyer will deliver to Seller, a certified check, in the amount of the Purchase Price. 8.4.2 Delivery of Documents. Buyer shall also deliver such other instruments as are required under Section 8.5 below. 8.5 Other Instruments. Each party shall deliver at Closing such other duly executed and (if required) acknowledged instruments consistent with the terms of this Agreement which may be necessary for the consummation of the sale, including without limitation documents reasonably requested by either party evidencing the other party's authority to enter into and consummate this transaction and all transactions and agreements contemplated hereby. 8.6 Closing Costs. Seller shall pay the cost of the recording fees. Seller shall pay for all documentary or revenue stamps, transfer, sales and other taxes, if any, relating to Closing. The parties shall equally split all other normal closing charges. Purchase and Sale Agreement 3 Idaho Power and Booth McCall-Donnelly Transmission Lands (partial disposal) Docusign Envelope ID: ECC9C940-D32F-44F9-A71 D-3E60BEE7ED51 8.7 Intentionally Deleted 8.8 Intentionally Deleted 9. Possession. Possession of the Property will be delivered to Buyer at Closing. 10. Commissions and Finder's Fees. Seller has retained _N/A as a broker in this transaction and Buyer has retained _N/A as a broker in this transaction. Seller will indemnify, defend and hold Buyer harmless from and against any claims for broker's commissions, finder's fees or any other related fees made by any person or entity based upon a claimed contract, obligation or agreement between any such person or entity and Seller. Buyer will indemnify, defend and hold Seller harmless from and against any claims for brokers' commissions, finders' fees or any other related fees made by any person or entity other than Buyer's broker named above based upon a claimed contract, obligation or agreement between any such person or entity and Buyer. 11. Miscellaneous. 11.1 Severability. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable shall not be affected, and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 11.2 Assignment. Buyer shall have the right to assign this Agreement and all Buyer's rights hereunder only with the advance written approval of Seller. 11.3 Bindinq Effect. This Agreement shall be binding on and inure to the benefit of the parties' respective successors and permitted assignees, heirs and personal representatives. 11.4 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State in which the Property is located. 11.5 Attorneys' Fees and Costs. In the event of any litigation between the parties to this Agreement in connection with the interpretation or enforcement of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorneys' fees and all other litigation related expenses. 11.6 Entire Agreement; Amendments. This Agreement, together with all Exhibits hereto, constitutes the entire agreement and understanding between the parties regarding the purchase and sale of the Property and supersedes all prior and contemporaneous offers, negotiations and other agreements concerning the subject matter contained herein. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by duly authorized representatives of both parties. Purchase and Sale Agreement 4 Idaho Power and Booth McCall-Donnelly Transmission Lands (partial disposal) Docusign Envelope ID: ECC9C940-D32F-44F9-A71 D-3E60BEE7ED51 11.7 Exhibits. All exhibits referenced herein are attached to this Agreement and incorporated into the terms of this Agreement. 11.8 Time of the Essence/Calculation of Time. Time is of the essence of each and every term, provision, covenant and obligation of the parties under this Agreement. 11.9 Notices and Delivery. All notices or other written communications hereunder shall be in writing and shall be deemed to have been properly given: (i) upon delivery, if delivered in person or by facsimile transmission with receipt acknowledged in writing by the recipient thereof, (ii) one (1) business day after having been deposited for overnight delivery with any nationally-recognized overnight courier service, or (iii) three (3) business days after having been deposited in any post office or mail depository regularly maintained by the U.S. Postal Service and sent by registered or certified mail, postage prepaid, return receipt requested, addressed as follows: IF TO BUYER: IF TO SELLER: Daniel J. Booth Idaho Power Company 153 Kens Place Corporate Real Estate McCall, ID 83638 1221 W. Idaho Street Boise, ID 83702 Ph: (970) 903-0609 Ph: (208) 388-2699 Email: boothsies@gmail.com Email: cjacky@idahopower.com The above addresses for Buyer and Seller shall be effective unless and until changed by five (5) days prior written notice given to the other party. The parties acknowledge and agree that the phone numbers and email addresses provided above are for convenience purposes only and that notices hereunder must be personally delivered or mailed as provided above. 11.10 Interpretations, Survival of Warranties. To the extent permitted by the context in which used, (i) words in the singular number shall include the plural, (ii) words in the masculine gender shall include the feminine and neuter, and vice versa, and (iii) references to "persons" or"parties" in this Agreement shall be deemed to refer to natural persons, corporations, general partnerships, limited partnerships, trusts and all other entities. All warranties, representations and indemnifications of the parties herein shall survive Closing and be fully enforceable thereafter. 11.11 Non-Waiver of Remedies. The failure or neglect of a party to enforce any remedy available by reason of the failure of the other party to observe or perform a term or condition set forth in this Agreement shall not constitute a waiver of such term or condition. A waiver by a party (i) shall not affect any term or condition other than the one specified in such waiver, and (ii) shall waive a specified term or condition only for the time and in a manner specifically stated in the waiver. 11.12 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. Purchase and Sale Agreement 5 Idaho Power and Booth McCall-Donnelly Transmission Lands (partial disposal) Docusign Envelope ID: ECC9C940-D32F-44F9-A71 D-3E60BEE7ED51 11.13 No Further Offers. Seller will not solicit or accept any offers, whether or not pending, so long as this Agreement remains in effect. 12. PUC Approval. The parties understand that Seller may be required to obtain the consent or approval of the Idaho Public Utilities Commission and/or Oregon Public Utility Commission for the sale of the Property prior to Closing ("PUC Approval"). Seller will diligently pursue any required PUC Approval for the sale of the Property. However, if Seller is not able to obtain a required PUC Approval upon acceptable terms prior to Closing, then this Sale and Purchase Agreement will terminate and neither party will have any further obligation hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. SELLER: BUYER: IDAHO POWER COMPANY, DANIEL J. BOOTH AN IDAHO CORPORATION By: ktlAod OkWIVA 9/5/2024 By: ID 9/10/2024 Michael Churella Daniel J. Booth Corporate Real Estate Leader List of Exhibits Exhibit A— Property Description Exhibit A-1 — Site Plan Exhibit B — Form of Quit Claim Deed Purchase and Sale Agreement 6 Idaho Power and Booth McCall-Donnelly Transmission Lands (partial disposal) Docusign Envelope ID: ECC9C940-D32F-44F9-A71 D-3E60BEE7ED51 Exhibit A Property Description Purchase and Sale Agreement 7 Idaho Power and Booth McCall-Donnelly Transmission Lands (partial disposal) Docusign Envelope ID: ECC9C940-D32F-44F9-A71 D-3E60BEE7ED51 SECESH ENGINEERING, INC. 335 Deinhard Lane,Suite 1 P.O.Box 70 McCall,ID 83638 208-634-6336•FAX 208-634-6322 BOUNDARY DESCRIPTION IDAHO POWER TO BOOTH A parcel of land, a portion of abandoned railroad Right-of-Way, located in the southeast 1/4 of Section 5, T.17N., R.3E., B.M., more particularly described as follows: COMMENCING at the southeast corner of said Section 5; thence, along the south line of said Section 5, A.) N.88°41'27"W., 950.21 feet; thence, departing said section line, B.) N.1-18'33"E., 784.29 feet; to the southwest corner of Lot 613 of Wilde Country Estates No. 1, Filed in Book 7, Page 42 of Plats, and amended by Record of Survey, Book 1 Page 92 of Surveys, Records of Valley County, Idaho, the POINT OF BEGINNING; thence, 1.) N.89°56'02"W., 103.78 feet to a point on the easterly Right-of-Way for Mathwig Road; thence, along said Right-of-Way, 2.) along a curve to the left having a radius of 2814.93 feet, an arc length of 466.30 feet, through a central angle of 9°29'28", and a chord bearing and distance of N.20°27'50"W., 465.76 feet; thence, departing said Right-of-Way, 3.) S.89°53'40"E., 110.20 feet to the northwest corner of said Lot 613; thence, along the westerly boundary of said Lot 6B, 4.) along a curve to the right having a radius of 2914.93 feet, an arc length of 463.97 feet, through a central angle of 9'07'11", and a chord bearing and distance of S.19°43'24"E., 463.47 feet to the POINT OF BEGINNING. CONTAINING 1.07 Acres, more or less. 0 T � Q TEyq O Of Docusign Envelope ID: ECC9C940-D32F-44F9-A71 D-3E60BEE7ED51 Exhibit A-1 Site Plan BOOK II PAGE 10 BROOKOALE MEADOWS SUB PHASE 2 0 BOOK 9 PACE S OF PLATS • }� 1VSTRUWNT NLA48ER 2J7777 r^ M • �aY S09'5S40-E MA 2At.95' ; \\ 8 KEN'S PLACE (PRIVATE) \ o \ i N69'S6'td'W \ 60.f 2' 249.81' MOO* \ 23 \ D \ tj 7a \N Tie\ LOT 68 A COIfaYEp AREA ��..a LOT 6A a� f 317 Ac r 1 1 10178' 148.06' J 569'S6'02 251.6A' 249.90' 2 ti a n m� Purchase and Sale Agreement 8 Idaho Power and Booth McCall-Donnelly Transmission Lands (partial disposal) Docusign Envelope ID: ECC9C940-D32F-44F9-A71 D-3E60BEE7ED51 Exhibit B Form of Quit Claim Deed Purchase and Sale Agreement 9 Idaho Power and Booth McCall-Donnelly Transmission Lands (partial disposal) Docusign Envelope ID: ECC9C940-D32F-44F9-A71 D-3E60BEE7ED51 AFTER RECORDING RETURN TO: Idaho Power Company Corporate Real Estate—Plaza II P.O.Box 70 Boise,Idaho 83707 Space above for Recorder's use,only QUITCLAIM DEED FOR VALUE RECEIVED IDAHO POWER COMPANY, an Idaho corporation ("Grantor") whose address is 1221 West Idaho Street, Boise, Idaho 83702, does hereby convey, release, remise and forever quit claim unto Daniel J. Booth, a married man as his sole and separate property ("Grantee")whose address is 135 Kens Place, McCall, Idaho 83638, for value received and other good and valuable consideration, that certain portion of real property situated in Valley County, Idaho, to wit: See attached Exhibit A made a part hereof. Together with all appurtenances, easements, and rights of way, subject to the following Reservation of Easement: Reservation of Power Line Easement The Grantor does hereby reserve and retain for its own use and benefit: a right-of-way and easement for the erection and continued operation, maintenance, repair, alteration (including, but not limited to, voltage or capacity upgrades and additional structures, and/or new structure locations), inspection and replacement of overhead and/or underground electrical transmission, distribution, and communications lines and circuits of the Grantor, attached to towers, poles, props, guys, or other supports, together with crossarms and other attachments and incidental equipment thereon, and appurtenances ("Facilities"), with the right to permit the attachment of the wires and fixtures of other companies or parties, over, under, on, and across the above described premises. Together with all rights of ingress and egress necessary for the full and complete use, occupation, and enjoyment of the easement hereby reserved, and all rights and privileges incident thereto, including the right from time to time to cut, trim, and remove trees, brush, overhanging branches, and other obstructions which may injure or interfere with the Grantors use,occupation,or enjoyment of this easement and the operation, maintenance, and repair of Grantor's electrical system or result in the violation of any state, local, or federal law or regulation or the National Electrical Safety Code as the same now exist or may hereafter be amended. At no time shall Grantee or Grantee's heirs, successors or assigns erect or place any building, structure, or store flammable material of any kind within the boundaries of said right-of- way, nor shall they bring or permit to be brought any equipment or vehicles or material of any kind within the boundaries of the said right-of-way that exceed 14 feet in height when power lines are present. Grantee may alter the grade or elevation of the land within the above-described premises as long as there no Facilities present. If Facilities are present, Grantee must obtain written approval from Grantor to alter the grade or elevation of the land. QUITCLAIM DEED IPC to Booth Docusign Envelope ID: ECC9C940-D32F-44F9-A71D-3E60BEE7ED51 IN WITNESS WHEREOF, Grantor has caused its name to be hereunto subscribed this day of 2024. IDAHO POWER COMPANY, an Idaho corporation By: Michael Churella Corporate Real Estate Leader STATE OF IDAHO ) ) ss. County of Ada ) On this , day of in the year 2024, before me, Christopher W Jacky, a Notary Public in and for the State of Idaho, personally appeared Michael Churella, known or identified to me to be the Corporate Real Estate Leader of IDAHO POWER COMPANY, that executed the said instrument, and acknowledged to me that such IDAHO POWER COMPANY executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at: My commission expires: QUITCLAIM DEED IPC to Booth Docusign Envelope ID: ECC9C940-D32F-44F9-A71 D-3E60BEE7ED51 Exhibit A to Quit Claim Deed SECESH ENGINEERING, INC. 335 Deinhard Lane,Suite 1 P.O.Box 70 McCall,ID 83638 208-634-6336•FAX 208-634-6322 BOUNDARY DESCRIPTION IDAHO POWER TO BOOTH A parcel of land, a portion of abandoned railroad Right-of-Way, located in the southeast 1/4 of Section 5, T.17N., R.3E., B.M., more particularly described as follows: COMMENCING at the southeast corner of said Section 5; thence, along the south line of said Section 5, A.) N.88°41'27"W., 950.21 feet; thence, departing said section line, B.) N.1-18'33"E., 784.29 feet; to the southwest corner of Lot 613 of Wilde Country Estates No. 1, Filed in Book 7, Page 42 of Plats, and amended by Record of Survey, Book 1 Page 92 of Surveys, Records of Valley County, Idaho, the POINT OF BEGINNING; thence, 1.) N.89°56'02"W., 103.78 feet to a point on the easterly Right-of-Way for Mathwig Road; thence, along said Right-of-Way, 2.) along a curve to the left having a radius of 2814.93 feet, an arc length of 466.30 feet, through a central angle of 9°29'28", and a chord bearing and distance of N.20°27'50"W., 465.76 feet; thence, departing said Right-of-Way, 3.) S.89°53'40"E., 110.20 feet to the northwest corner of said Lot 613; thence, along the westerly boundary of said Lot 6B, 4.) along a curve to the right having a radius of 2914.93 feet, an arc length of 463.97 feet, through a central angle of 9'07'11", and a chord bearing and distance of S.19°43'24"E., 463.47 feet to the POINT OF BEGINNING. CONTAINING 1.07 Acres, more or less. 0 T � Q TEyq O Of BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION CASE NO. IPC-E-24-41 IDAHO POWER COMPANY ATTACHMENT NO. 2 PROPOSED JOURNAL ENTRIES McCall Donnelly Transmission Corridor Land Sale Proposed Journal Entries Account Description Debit Credit 411600 Gain on Disposition of Utility Plant 1,148.33 105000 Electric Plant Held for Future Use 1,148.33 To record retirement due to land sale 131201 Cash 1,900.00 411600 Gain on Disposition of Utility Plant 1,900.00 To record proceeds from sale 411600 Gain on Disposition of Utility Plant 30.00 131201 Cash 30.00 To record closing costs 411600 Gain on Disposition of Utility Plant 800.00 131201 Cash 800.00 To record selling costs 105000 Electric Plant Held for Future Use 574.17 411600 Gain on Disposition of Utility Plant 574.17 To record transmission line easement retained These are proposed entries, no actual expenses have been recorded. If no additional expenses are recorded,the estimated gain in account 411600 is$495.84