HomeMy WebLinkAbout20260522TARIFF ADVICE NO. IPC-TAE-26-03.pdf M411111% —�IQAHO Re
Grant T. Anderson
Pricing and Tariff Manager RECEIVED
ganderson(a)_idahopower.com MAY 22, 2026
IDAHO PUBLIC
UTILITIES COMMISSION
May 22, 2026
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: Tariff Advice No. IPC-TAE-26-03
Revisions to Schedule 95 (95-2), City of Kuna
Dear Commission Secretary:
Enclosed for electronic filing please find Idaho Power Company's ("Idaho Power")
First Revised Sheet No. 95-2. This tariff revision implements the 1 percent franchise fee
adopted by the City of Kuna on October 22, 2025.
Idaho Power requests that the proposed changes to Schedule 95 be accepted with
an effective date of June 29, 2026. Also transmitted are a copy of Schedule 95 in legislative
format and a copy of the ordinance adopting the franchise fee for the City of Kuna.
If you have any questions regarding this filing, please contact Senior Regulatory
Analyst, Ashley Herrera at aherrera(a-).idahopower.com.
Sincerely,
i
rant T. Anderson
GTA:sg
Enclosures
1221 W. Idaho St(83702)
P.O. Box 70
Boise, ID 83707
ORDINANCE 2025-31
CITY OF KUNA,IDAHO
"AN ORDINANCE IN ACCORDANCE WITH IDAHO CODE 50-328, 50-329 AND 50-
329A GRANTING A FRANCHISE TO IDAHO POWER COMPANY, A
CORPORATION, AND TO ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT,
MAINTAIN AND OPERATE IN AND UPON THE PRESENT AND FUTURE STREETS,
HIGHWAYS AND OTHER PUBLIC PLACES WITHIN THE CORPORATE LIMITS OF
THE CITY OF KUNA, IDAHO, ELECTRIC UTILITY PROPERTY AND FACILITIES
FOR SUPPLYING ELECTRICITY AND ELECTRIC SERVICE TO THE CITY, THE
INHABITANTS THEREOF, AND OTHERS FOR A TERM OF 10 YEARS,INCLUDING
THE NONEXCLUSIVE RIGHT TO PHYSICALLY LOCATE AND MAINTAIN
TELEPHONE, CABLE, FIBER OPTICS OR OTHER COMMUNICATIONS
FACILITIES; SETTING FORTH AN AGREEMENT NOT TO COMPETE,RESERVING
POWER OF EMINENT DOMAIN; PROVIDING FOR THE. PAYMENT OF
FRANCHISE FEES; AND SPECIFYING OTHER LIMITATIONS, TERMS AND
CONDITIONS GOVERNING THE EXERCISE OF SAID FRANCHISE."
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY 01: KUNA, IDAHO
THAT;
SECTION 1. The City of Kuna, Idaho (hereinafter called the "City") hereby grants to
IDAHO POWER COMPANY, a corporation, and to its successors and assigns (hereinafter
called the "Grantee") the right (subject to the rights of the City set forth in Section 14 hereof),
privilege and Franchise for a period of ten (10) years from and after November 1, 2025 (the
effective date of this ordinance), however, with the right to amend by mutual agreement in
accordance with Section 15, to construct, maintain and operate in and upon the present and
future streets, alleys, highways and other public places within the corporate limits of the City,
electric utility property and facilities for supplying electricity to the City, and the inhabitants
thereof, and to persons and corporations beyond the limits of the City, including the
nonexclusive right to physically locate and maintain telephone, cable, fiber optics or other
communications facilities of the Grantee or other parties, (provided, that Grantee shall comply
with the City's requirements for cable system franchises) all subject to the terms and conditions
hereinafter specified. In the case of annexation of property to the corporate limit, such area will
be considered under this agreement, upon effective date of the annexation, subject to Section 9
hereof. All such electric utility property and facilities now maintained by the Grantee within the
streets, alleys, highways and other public places within the corporate limits of the City shall be
deemed covered by this ordinance as provided herein.
SECTION 2. All of the Grantee's electric property and facilities in and upon the present
and future streets,alleys, highways and public places within the corporate'limits of the City shall
be constructed and at all times maintained in good order and condition and in accordance with
standard engineering practices and all applicable safety codes and lawful governmental
regulations, including all applicable state and federal regulations and all construction standards
025-31 Idaho Power Franchise Agreement
presently in effect by the Idaho Public Utilities Commission or adopted by that Commission
during the term of this franchise agreement.
SECTION 3. Upon request of the City, the Grantee shall rclocate its facilities as
necessary within the present and future streets, alleys, highways and other public places owned
by the City. The City shall have no responsibility for the costs of such relocations. The Grantee
shall bear the cost of relocating its facilities at the City's request, unless the facilities are to be
relocated for the benefit of a third party, in which case the third party shall pay the costs of
relocation. In the event federal, state or other funds are available in whole or in part (or utility
relocating purposes,the City shall apply for such fiends and the Grantee will be reimbursed to the
extent any such funds are actually obtained.
SECTION 4. It shall be lawful for the Grantee to make all needful or convenient
excavations and/or installations in any of the present and future streets, alleys, highways and
other public places within the corporate limits of the City for the purpose of erecting and
maintaining the posts, poles, towers, or other supports for its wires or for the purpose of laying,
maintaining and operating conduits, vaults and wires and other conductors underground for the
purpose aforesaid, or to repair and improve such electric power and light system and to extend
the same; provided that when the Grantee or any person or corporation under the authority of this
franchise, shall disturb any of said streets, alleys, highways or other public places for the
purposes aforesaid, he, it or they shall restore the same to good order and condition as soon as
practicable and without unnecessary delay and failing to do so after five days' notice from the
City. or its duly authorized officer or officers, then the City may place said street, alley, highway
or public place in such condition at the cost and expense of the Grantee, and said Grantee will
forthwith pay the full cost and expense thereof upon demand of the City. All facilities
constructed under this ordinance shall be placed and maintained at such places and positions in
or upon such public ways and public places as shall not interfere with the passage of traffic and
shall conform to all applicable laws, rules and regulations.
SECTION 5. If the City wishes to attach City communications facilities to Grantee's
poles and related facilities, the parties will enter into the standard Idaho Power Facilities
Attachment Agreement, which sets forth the terms and conditions for third-party attachments to
Grantee's poles and related facilities, including without limitation facility attachment fees, safety
and clearance requirements,and make-ready obligations.
SECTION 6. The Grantee shall at all times indemnify and hold the City, its officers,
employees and agents, harmless from any and all expenses or liability arising from, and against
or by reason ol'any negligent act or omission of the Grantee, its representatives or employees, in
the construction, operation or maintenance of any of the Grantee's electric utility property or
facilities.
SECTION 7. Upon acceptance of this franchise by Grantee and before Grantee shall
have any rights hereunder, Grantee shall file with the City Clerk a Certificate of Insurance
evidencing General Liability Insurance which covers claims for Bodily Injury, Property Damage
and Personal Injury. Such insurance shall have minimum limits of$1,000,000 per occurrence.
2
2025-31 Idaho Power hranchise.agreement
The City of Kuna shall be named as an "Additional Named Insured" under Grantee's insurance
policy. Should the minimum limits of insurance as set forth herein be increased above
$1,000,000, pursuant to the Idaho Tort Claims Act (Idaho Code Section 6-901 et. seq.) or any
similar legislation, the Grantee shall be required to provide the City with a new Certificate of
Insurance evidencing the higher limits upon the City's request.
SECTION 8. The electric service to be furnished to the public hereunder, and all rates
and charges therefore, and all regulation of the Grantee hereunder, shall at all times be subject to
all rules, regulations and orders that may be lawfully prescribed by the Idaho Public Utilities
Commission or by any other governmental authority now or hereafter having jurisdiction over
such matters. During the term of this franchise, Grantee shall at all times assure that customers
within the City have access to customer service from the Grantee as required by the Idaho Public
Utilities Commission.
SECTION 9. Upon the effective date of this agreement and continuing through June 30,
2026, as compensation for the right, privilege and franchise hereby granted, Grantee agrees to
pay to the City an amount equivalent to zero percent (0%) of Grantee's "gross revenues" for the
preceding calendar quarter. For the calendar quarter beginning July 1 of 2026 and continuing
through the remaining term of this franchise agreement, as compensation for the right, privilege
and franchise hereby granted, Grantee agrees to pay to the City on or before the 30"' day of
January, April, July, and October, an amount equivalent to one percent (1%) of Grantee's gross
revenues for the preceding calendar quarter. For purposes of this Section, "gross revenues" shall
mean the amount of money billed by the Grantee for the electricity it sells within the corporate
limits of the City to customers, less uncollectibles. The City shall provide appropriate
information to the Grantee to allow the Grantee to identify which of its customers are located
within the corporate limits of the City for purposes of paying franchise fees. Grantee shall not be
responsible for any failure to pay franchise fees which results from deficiencies in such
information provided by the City. In the event the City annexes a new area into its corporate
limits, the terms of this Section 9 regarding franchise fees shall not apply to the annexed area
until sixty (60) days after the City has supplied the Grantee with appropriate information for the
identification of the Grantee's customers within the annexed area.
The Grantee's franchise fee payment obligations hereunder shall commence with the start
of the Grantee's first full billing cycle following the effective date of this ordinance; provided,
that the Grantee must first receive approval frorn the Idaho Public Utilities Commission for the
collection of the franchise fee in the rates charged by Grantee.
SECTION 10.The City shall have the right during the term of this franchise agreement to
increase the franchise fee hereunder up to three percent (3%), by obtaining the consent of the
Grantee or the approval of a majority of voters of the City voting on the question at an election
held in accordance with chapter 3, title 50, Idaho Code. Any such vote to increase the fi-anchise
fee hereunder shall provide that the increased franchise fee will apply to any electric service
provider (other than the City) who utilizes the City's streets, alleys or other public places to
provide electrical service within the City,during the term of this franchise agreement.
3
202j-31 Idaho Puiver Franchise,4greenienl
SECTION 1 1. The Grantee shall keep accurate books of account for the collection of the
franchise fees for a period of at least three years hereunder and the City shall have the right to
inspect the same at all times during business hours, and from time to time audit the same for the
Purpose of determining gross revenues under Section 9 above.
SECTION 12. The franchise fees paid by the Grantee hereunder will be in lieu of and as
payment for any tax or fee imposed by the City on the Grantee by virtue of'its status as a public
Utility including, but not limited to,taxes, fees or charges related to easements, franchises, rights-
of-way, utility lines and equipment installation, maintenance and removal during the term of this
franchise agreement.
SECTION 13. The Grantee shall have the right and privilege, insofar as the City is able
to grant the same, in accordance with National Arborist Association standards, of the pruning of
all trees which overhang the present and future streets, alleys, highways and other public places
within the corporate limits of the City, in such a manner and to such extent as will prevent the
branches or limbs or other parts of such trees from touching or interfering with its wires, poles
and other fixtures and equipment. However, except in an emergency, no pruning shall be
undertaken without giving the occupant of the adjacent property written or oral notice that such
pruning will be performed.
SECTION 14. In consideration of Grantee's undertaking hereunder as evidenced by its
acceptance hereof, the City agrees not to engage in the business of providing electric service
during the life of this franchise or any extension thereof in competition with the Grantee, its
successors and assigns; but nothing herein contained shall be construed or deemed to prevent the
City from exercising at any time any power of eminent domain granted to it under the laws of the
State of Idaho. The City shall not grant a franchise to another electric service provider during the
term of this franchise agreement unless the electric service provider has received approval to
provide electrical service within the City from the Idaho Public Utilities Commission, and the
City has imposed the same franchise fee on the electric service provider as paid by the Grantee,
SECTION 15. In the event ol'an amendment to the laws, rules or regulations of the City
of Kuna the State of Idaho or the Public Utilities Commission of Idaho applicable to this
franchise, or for periodic review of any section of this agreement, the terms of this franchise and
the rights and privileges hereby conferred may be changed, altered, arnended or modified upon
mutual agreement between the City and the Grantee. In all cases, 60 days notice shall be
required on the part of City or Grantee to reopen the agreement pursuant to this section.
SECTION 16. Any violation by the Grantee of the provisions of this ordinance, franchise
and grant or any material portions thereof or the failure promptly to perform any of the
provisions thereof shall be cause for the forfeiture of this franchise and grant and all rights
hereunder by the City after sixty (60) days' written notice to the Grantee and the continuance of
such violation, failure or default; however, this provision shall not prevent the Grantee from
submitting such question of violation or forfeiture to the appropriate forum (which may include
the district court having.jurisdiction or the Idaho Public Utilities Commission)for determination.
4
0-15-31 Idaho Power Franchise Agreement
SECTION 17. Sale, assignment or lease of this franchise is prohibited without
notification to the City.
SECTION 18. The Grantee shall assume the cost of publication of this franchise as such
Publication is required by law.
SECTION 19. The Grantee shall within thirty (30) days after final passage of this
ordinance, file with the City Clerk its acceptance ofthis franchise in writing signed by its proper
officers and attested by its corporate seal.
SECTION 20. The existing franchise agreement between the City and Grantee set forth
in Ordinance #2015-12, dated November 1, 2015, shall terminate upon the effective date of this
ordinance.
SECTION 21. Inasmuch as the Grantee has constructed and now is maintaining and
operating the electric utility property and facilities in and upon the streets, alleys, highways, and
public places in the City, it is hereby adjudged and declared that this ordinance is necessary for
the preservation of the public peace, health and safety, and therefore this ordinance shall take
effect on November 1, 2025.
SECTION 22. In accordance with Idaho Code Section 67-2346, Grantee hereby certifies
that it is not currently engaged in, and during the term of this franchise agreement will not
engage in, a boycott of goods or services from Israel or territories under its control as defined in
said code section.
SECTION 23. In accordance with Idaho Code Section 67-2359, Grantee hereby certifies
that it is not currently, and for the term of this franchise agreement will not be, owned or
operated by the Government of China as defined in said section.
PASSED AND ADOPTED by the Council of the City of Kuna this ,21�F-day of
_�o3�R— ,2025.
APPROVED by the Mayor this 2025.
Mayor
City Clerk �•`'��� �R kG�
`OiL o9 :
(Seal)
SEAL
2025-31 Idaho Power Franchise,igreemenl �'.�••° •'O
F OF 10 �.,e
ACCEPTANCE
IDAHO POWER COMPANY, as the franchisee, accepts the franchise set forth in the
above Ordinance and agrees to abide by the terms and conditions thereof.
DATED this day of 1���_,2025.
Adam Richins
SVP& Chief Operating Officer
ATTEST:
Secretary
(Seal)
6
2025-31 Idaho Power Franchise Agreement
City Of Kuna - Office Of The City Clerk
UG- ) IDAHO CODE CERTIFICATION FORM
Failure to comply with the terms of the referenced Idaho Code may result in breach of
contract.
P.O.BOX 13
KUNA ID 83634
(208)922-5546 Anti-Boycott Clauses
www.KunaCity.id.gov
Per the provisions of Idaho Code §§ 67-2346, Anti-Boycott Against Israel Act, and Idaho
Mayor Code §§ 67-2347A,Prohibition on Contracts with Companies Boycotting Certain
Joe stear Sectors the undersigned certifies that it is not currently engaged in and will not for the
duration of the contract engage in the following:
City Council . boycott of goods or services from Israel or territories under its control;or
Members
Matt Biggs • boycott of any individual or company because the individual or company engages
Chris Bruce in or supports the exploration,production,utilization,transportation, sale, or
John Laraway manufacture of fossil fuel-based energy,timber,minerals,hydroelectric power,
Greg McPherson
nuclear energy,or agriculture; or
• boycott of any individual or company because the individual or company engages
in or supports the manufacture,distribution, sale, or use of firearms, as defined in
Idaho Code § 18-3302(2)(d),
Prohibition on Contracts with Companies Owned or Operated by the Government
of China Idaho Code, §§ 67-2359 states"a public entity in this state may not enter into
a contract with a company to acquire or dispose of services, supplies,information
technology,or construction unless the contract includes a written certification that the
company is not currently owned or operated by the government of China and will not for
the duration of the contract be owned or operated by the government of China".
Company certifies that it is not owned or operated by the government of China.
By signing below,I certify that this company understands and will comply with the
aforementioned requirements
Signature of Company's authorized representative:
Signature
ickho P"wr'r rornoc),VW
Company Name
Idaho Power Company First Revised Sheet No. 95-2
Cancels
I.P.U.C. No. 30, Tariff No. 101 Original Sheet No. 95-2
SCHEDULE 95
ADJUSTMENT FOR MUNICIPAL
FRANCHISE FEES
(Continued)
CHARGE (Continued)
Effective Date
Municipality Ordinance No. Of Charge Charge
City of Fairfield 291 August 29, 2013 1%
City of Filer 574 September 30, 2009 2%
City of Fruitland 393 March 21, 2001 1%
City of Garden City 850-06 September 27, 2006 3%
City of Glenns Ferry 452 March 24, 1999 1%
City of Gooding 689 December 2, 2014 1%
City of Grand View 2009-1 January 21, 2000 1%
City of Greenleaf 136 October 22, 1999 1%
City of Hagerman 1090 May 27, 2021 1%
City of Hailey 1278 August 29, 2019 3%
City of Hazelton 258-2019 April 16, 2019 1%
City of Hollister 04-03-19 June 28, 2019 1%
City of Idaho City 363 September 25, 1996 1%
City of Inkom 21-263 July 26, 1996 1%
City of Jerome 1137 April 1, 2015 1%
City of Ketchum 1246 May 18, 2012 3%
City of Kimberly 622 May 1, 2015 1%
City of Kuna 2025-31 June 29, 2026 1%
City of Leadore 2018-1 October 2, 2018 1%
City of McCall 862 April 29, 2009 3%
City of Melba 212 February 28, 2007 1%
City of Meridian 800 December 22, 1998 1%
City of Middleton 287 October 22, 1999 1%
City of Mountain Home 1251 October 24, 1996 1%
City of Nampa 3980 October 1, 2012 1.5%
City of New Meadows 306-06 May 30, 2007 3%
City of New Plymouth 331 January 31, 2011 1.5%
City of Notus 259 August 28, 2007 1%
City of Oakley 02-10-22 March 30, 2012 1%
City of Payette 1476 September 29, 2020 1%
City of Pocatello 2956 November 2, 2015 1%
City of Richfield 262 March 27, 1996 3%
City of Rockland 30 April 16, 2019 1%
City of Shoshone 514 June 27, 2008 1%
City of Star 196 August 20, 2009 1%
City of Sun Valley 519 January 26, 2018 1%
City of Twin Falls 2927 March 31, 2008 3%
City of Wendell 529-2016 September 29, 2016 1%
City of Wilder 486 May 27, 2004 1%
IDAHO Issued by IDAHO POWER COMPANY
Issued - May 22, 2026 Timothy E. Tatum, Vice President, Regulatory Affairs
Effective-June 29, 2026 1221 West Idaho Street, Boise, Idaho
Advice No. 26-03
Idaho Power Company Original First Revised Sheet No. 95-2
Cancels
I.P.U.C. No. 30, Tariff No. 101 Twenty F=E) 4 Q�Original Sheet No. 95-2
SCHEDULE 95
ADJUSTMENT FOR MUNICIPAL
FRANCHISE FEES
(Continued)
CHARGE (Continued)
Effective Date
Municipality Ordinance No. Of Charge Charge
City of Fairfield 291 August 29, 2013 1%
City of Filer 574 September 30, 2009 2%
City of Fruitland 393 March 21, 2001 1%
City of Garden City 850-06 September 27, 2006 3%
City of Glenns Ferry 452 March 24, 1999 1%
City of Gooding 689 December 2, 2014 1%
City of Grand View 2009-1 January 21, 2000 1%
City of Greenleaf 136 October 22, 1999 1%
City of Hagerman 1090 May 27, 2021 1%
City of Hailey 1278 August 29, 2019 3%
City of Hazelton 258-2019 April 16, 2019 1%
City of Hollister 04-03-19 June 28, 2019 1%
City of Idaho City 363 September 25, 1996 1%
City of Inkom 21-263 July 26, 1996 1%
City of Jerome 1137 April 1, 2015 1%
City of Ketchum 1246 May 18, 2012 3%
City of Kimberly 622 May 1, 2015 1%
City of Kuna 2025-31 June 29, 2026 1%
City of Leadore 2018-1 October 2, 2018 1%
City of McCall 862 April 29, 2009 3%
City of Melba 212 February 28, 2007 1%
City of Meridian 800 December 22, 1998 1%
City of Middleton 287 October 22, 1999 1%
City of Mountain Home 1251 October 24, 1996 1%
City of Nampa 3980 October 1, 2012 1.5%
City of New Meadows 306-06 May 30, 2007 3%
City of New Plymouth 331 January 31, 2011 1.5%
City of Notus 259 August 28, 2007 1%
City of Oakley 02-10-22 March 30, 2012 1%
City of Payette 1476 September 29, 2020 1%
City of Pocatello 2956 November 2, 2015 1%
City of Richfield 262 March 27, 1996 3%
City of Rockland 30 April 16, 2019 1%
City of Shoshone 514 June 27, 2008 1%
City of Star 196 August 20, 2009 1%
City of Sun Valley 519 January 26, 2018 1%
City of Twin Falls 2927 March 31, 2008 3%
City of Wendell 529-2016 September 29, 2016 1%
City of Wilder 486 May 27, 2004 1%
IDAHO Issued by IDAHO POWER COMPANY
Issued peF QFder Ne. 36067- May 22, 2026 Timothy E. Tatum, Vice President, Regulatory Affairs
Effective-_ january , June 29, 2026 1221 West Idaho Street, Boise, Idaho
Advice No. 26-03