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HomeMy WebLinkAbout20260814Final_Order_No_37133.pdf Office of the Secretary Service Date August 14,2026 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF IDAHO POWER ) CASE NO. IPC-E-26-17 COMPANY'S APPLICATION FOR ORDER ) APPROVING THE TRANSFER OF CERTAIN ) ASSETS ASSOCIATED WITH ) ORDER NO. 37133 TRANSMISSION LINE LAND ) On May 29, 2026, Idaho Power Company ("Company") applied to the Idaho Public Utilities Commission ("Commission") requesting approval to convey approximately 0.659 acres of land located in Ada County ("Land") to ASIG 665 W Amity RD LLC ("Buyer") for $100,470.00, while retaining an easement over the Land("Application").Application at 1-2. On July 10, 2026, the Commission issued a Notice of Application, Notice of Modified Procedure, and Notice of Telephonic Customer Hearing, setting comment and reply deadlines and a public telephonic customer hearing.Order No. 37096.The Commission held a telephonic hearing on August 4, 2026. No members of the public testified. Commission Staff("Staff') filed the only comments. Based on our review of the record, we issue this Final Order approving the Application. THE APPLICATION The Company explained that the Buyer was already leasing the Land from the Company to use as a parking area for the Buyer's adjacent property and that the Buyer communicated an interest in purchasing the Land. Application at 2. The Company represented that the Buyer had the means and capability of operating and maintaining the Land in the public service. Id. at 3. The Company also stated that the proposed transaction would not increase rates for supplying service. Id. The Company represented that under the proposed transaction, the Company would transfer the Land to the Buyer but would reserve a powerline easement over the Land ("Easement"). Id. at 2. The Company stated that if approved, the proposed transaction would release the Company from the responsibility of owning and maintaining the Land but would still allow the Company to use the Land for its intended purpose under the Easement.Id. The Company explained that the current lease agreement between the Company and the Buyer would terminate ORDER NO. 37133 1 at the closing of the proposed transaction. Id. The Company represented the proposed transaction would be in the public interest.Id. at 3. STAFF COMMENTS Staff reviewed and assessed the proposed transaction's compliance with Idaho Code §§ 61-328 and-524. Staff Comments at 2. Staff also reviewed the Land's Fair Market Value("FMV") and the accounting treatment of the proposed transaction. Id. Staff believed the Real Estate Purchase and Sale Agreement ("Agreement") was in the public interest and satisfied the requirements of Idaho Code§ 61-328.Id. at 2-3. Staff recommended the Commission approve the proposed asset transfer.Id. at 4. Staff believed the proposed sale would not increase the Company's rates for supplying service, that the Company would no longer have the financial obligation of owning and maintaining the land, and that the Company would be able to use the Land under the Easement in the future.Id. at 3. Staff believed that because the Buyer owned a parcel adjacent to the Land and was already utilizing the Land under a lease agreement with the Company for parking for the Buyer's business, that the Buyer had a bona fide intent and the financial ability to maintain the Land in the public interest.Id. Because the Company used the Uniform System of Accounts required by the Federal Energy Regulatory Commission when accounting for the proposed sale, Staff believed the Company complied with Idaho Code § 61-524. Staff believed the FMV calculation for the Land was reasonable and that the Agreement matched what was set forth in the Application. Id. Staff asserted the Company's proposed accounting treatment and estimates of the sale were reasonable and proper.Id. at 4. Staff also believed the proposed sale would not cause separation costs or lost customer revenue.Id. COMMISSION FINDINGS AND DECISION The Commission has jurisdiction over the Application and the issues in this case under Title 61 of the Idaho Code including, Idaho Code §§ 61-328 and 61-524. A regulated electric corporation cannot sell, transfer, or convey any property in Idaho unless and until it is authorized to do so by the Commission. Idaho Code § 61-328(1). Before authorizing an asset transfer, the Commission must conduct a public hearing and ensure the transfer: (1)is in the public interest; (2) will not increase cost of rates for supplying service; and (3) that the party acquiring the asset has ORDER NO. 37133 2 the bona fide intent and financial ability to operate and maintain it. Idaho Code § 61-328(3). Further, an electric utility must use a system of accounts established by the Commission. Idaho Code § 61-524. The Commission has reviewed the record in this case. Based on our review, we find that the proposed transfer of the Land to the Buyer with an Easement for the Company are in the public interest because the Company would no longer be obligated to own and maintain the Land,but the Company would be able to use the Land in the future.We also find that the transfer will not increase the costs associated with providing service because the Company will no longer be financially obligated to own and maintain the Land. Finally, the Commission finds that the Buyer has the intent and financial ability to operate and maintain the Land due to the Buyer's current use of the Land and because the Buyer is the owner of the parcel adjacent to the Land. The Commission also finds the Company's proposed accounting treatment satisfies the applicable requirements of Idaho Code§ 61-524.Accordingly,the Commission finds the proposed transaction complies with Idaho Code §§ 61-328 and 61-524 and thus approves the 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 seven days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration.Idaho Code § 61-626. ORDER NO. 37133 3 DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 14th day of August 2026 . G EDWARD LODGE, Rb9IDENT J R. HAMMOND JR., COMMISSIONER DAYN HA IE, COMMISSIONER ATTEST: do ul anchez Commission Secretary L\LegaRELECTRIC\IPC-E-26-17_Amity Rd Asset Transfer\orders\IPCE2617_FO_kr.docx ORDER NO. 37133 4