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HomeMy WebLinkAbout20260811Final_Order_No_37124.pdf Office of the Secretary Service Date August 11,2026 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF ROCKY MOUNTAIN ) CASE NO. PAC-E-26-09 POWERS'S APPLICATION FOR APPROVAL ) OF THE ASSET TRANSFER AGREEMENT ) BETWEEN ROCKY MOUNTAIN POWER ) ORDER NO. 37124 AND THE CITY OF IDAHO FALLS 5TH WAY ) On May 13, 2026, Rocky Mountain Power, a division of PacifiCorp ("Company") and the City of Idaho Falls ("City"), jointly applied to the Idaho Public Utilities Commission ("Commission") requesting approval of an Asset Transfer Agreement ("Agreement")between the Company and the City(collectively,the"Parties")for the City to purchase certain electric facilities currently owned and used by the Company to supply electric service to one customer ("Application"). On June 16, 2026, the Commission issued a Notice of Application, Notice of Modified Procedure, and Notice of Telephonic Customer Hearing. Order No. 37070. The Order set public comment and Company reply deadlines, and set a public telephonic customer hearing. Id. No public comments were received and no testimony was offered. Based on our review of the record,the Commission now issues this Final Order approving the Application. BACKGROUND The Service Allocation Agreement ("SAA"), as approved by the Commission on December 5, 2017, and updated on March 2,2026, authorized the transfer of a customer's electric service from one utility to another, provided that the acquiring utility compensates the serving utility for both lost revenues and the distribution facilities used to provide service to that customer. Application at 2-3. Under the terms of the Agreement, the Parties agreed that compensation for lost revenues would be calculated as 167% of the customer's total electric billings during the preceding twelve-month service period. Id. at 3. The Agreement further required the acquiring utility to purchase any poles, wires, crossarms, insulators, guy wires, and other facilities that are no longer necessary for the serving utility to provide electric service to that customer.Id. THE APPLICATION A customer requested that electric service be transferred to the City, and the Company notified the customer that it had entered into the Agreement to facilitate the transfer. Id. Per the ORDER NO. 37124 1 terms of the Agreement, the Parties agreed to transfer the customer's electric service to the City, and the City agreed to purchase the facilities identified in Exhibit A to the Agreement,which was submitted as Confidential Attachment No. 1 to the Application.Id. STAFF COMMENTS Staff reviewed the proposed transaction and believed that it supported the intent of the Electric Supplier Stabilization Act ("ESSA"), complied with the requirements of Idaho Code §§ 61-328(3) and 61-332(2), and was consistent with prior Commission orders. Staff Comments at 2. Staff believed the Company demonstrated that the transfer promotes the public interest, provides fair compensation for the transferred assets without increasing rates for existing customers, and ensures the affected customer will continue to receive reliable electric service from the City,which has the intent and financial ability to maintain service.Id. The Agreement provided for the transfer of electric service for a customer on 5th Way, with the City purchasing the necessary electric facilities and compensating the Company for the transferred assets, separation costs, lost customer revenue, and legal and transaction expenses. Id. Staff verified that the total transaction price of $28,207 was calculated using a methodology consistent with the 2017 SAA,including replacement book value less straight-line depreciation, separation costs,and lost customer revenue based on the customer's electric bills from June 2024 through May 2025. Id. Staff also confirmed that the Company's accounting treatment of the sale proceeds would prevent impacts on other customers. Id. at 3. Based on its review, Staff recommended that the Commission approve the Agreement and authorize the transfer of electric service for the customer on 5th Way in Idaho Falls from the Company to the City. Id. at 4. COMMISSION FINDINGS AND DECISION The Commission has jurisdiction over this matter under Idaho Code §§ 61-328 and 61-332 et seq. The Commission has reviewed the record, including the Application and Staff Comments. Based on that review,the Commission finds that the proposed transfer complies with the SAA,the ESSA, Idaho Code §§ 61-328(3) and 61-332(2), and prior Commission orders. The Commission further finds that the transfer promotes the public interest, provides fair compensation for the transferred assets without increasing rates for existing customers, and ensures that the affected customer will continue to receive reliable electric service from the City, which has the intent and financial ability to operate and maintain the transferred facilities. The Commission also finds that the Company's proposed accounting treatment of the sale proceeds will prevent any adverse ORDER NO. 37124 2 impacts on other customers. Accordingly, because the proposed transfer complies with the SAA and the applicable requirements of Idaho Code §§ 61-328(3)and 61-332(2),the Commission finds it reasonable to approve the Parties' Application. ORDER IT IS HEREBY ORDERED that the Application is approved. THIS IS A FINAL ORDER. Any person interested in this Order may petition for reconsideration within 21 days of the service date of this Order regarding any matter decided in this Order.Within 7 days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration.Idaho Code § 61-626. DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this I Ph day of August 2026. G EDWARD LODGE, PR IDENT J R. HAMMOND JR., COMMISSIONER 1 DAYN HA DIE, COMMISSIONER ATTEST: oni a anchez Commission Secretary I:\Legal\ELECTRIC\PAC-E-26-09_5th Way\orders\PACE2609_final_em.docx ORDER NO. 37124 3