HomeMy WebLinkAbout20260908APPLICATION.pdf LVE-G-26-02 RECEIVED
September 08, 2026
INT-G-26-07 IDAHO PUBLIC
UTILITIES COMMISSION
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE NOTICE OF SERVICE TERRITORY AGREEMENT BETWEEN LOWER
VALLEY ENERGY AND INTERMOUNTAIN GAS COMPANY FOR NATURAL GAS SERVICE TO
CERTAIN CUSTOMERS LOCATED ALONG THE CROW CREEK PIPELINE IN CARIBOU
COUNTY
CASE NO.
NOTICE OF SERVICE TERRITORY AGREEMENT BETWEEN LOWER VALLEY ENERGYAND
INTERMOUNTAIN GAS COMPANY
Lower Valley Energy("LVE" or"Company"), a Wyoming cooperative corporation authorized
to conduct business in Idaho, respectfully submits this Notice of Service Territory
Agreement("Notice")for the Commission's acknowledgment. LVE and Intermountain Gas
Company("Intermountain") have agreed to a service territory arrangement, described
below, under which LVE will provide natural gas service to certain customers located along
LVE's Crow Creek Pipeline in Caribou County, Idaho, within an area presently certificated to
Intermountain.
1. BACKGROUND
LVE provides electric and natural gas utility service in Wyoming and currently owns and
operates natural gas transmission facilities that extend into Idaho, including the Crow
Creek Pipeline. LVE recently completed construction of the Crow Creek Pipeline, and
property owners located adjacent to the pipeline have requested natural gas service from
LVE (approximately six residential customers).
The affected properties are located within an area presently certificated to Intermountain
under Commission Certificate No. 219, issued December 2, 1955, as amended and
supplemented by Order No. 6564, dated October 3, 1962. Intermountain does not have
existing distribution facilities capable of serving these customers without substantial new
infrastructure investment, while the customers are immediately adjacent to LVE's existing
pipeline facilities and can be served safely and economically through short service line
extensions.
As a Wyoming cooperative corporation, LVE falls outside the definition of"corporation"
under Idaho Code § 61-104, which expressly excludes cooperatives, and is accordingly not
a"gas corporation" under Idaho Code § 61-117 or a"public utility"subject to general
Commission rate and service regulation under Title 61, Idaho Code. LVE therefore brings
this service territory arrangement to the Commission by Notice, consistent with the
approach the Commission has applied to service territory agreements between regulated
and non-regulated entities under the model of the Electric Stabilization Act, Idaho Code §
61-332, rather than by application for a Certificate of Public Convenience and Necessity.
2. PURPOSE OF FILING AND ABILITY TO SERVE
The purpose of this Notice is to memorialize the parties' Service Territory Agreement
("Agreement") regarding the territory within which LVE will provide natural gas service, and
to request that the Commission acknowledge that Agreement.This filing does not seek,
and should not be construed as seeking, any change to Intermountain's certificated service
territory under Certificate No. 219; it instead memorializes Intermountain's consent to LVE
providing service within the territory described below and in the Agreement, which is
attached as Exhibit A and incorporated herein by reference.
The Crow Creek Pipeline is an existing, operational natural gas facility owned and
maintained by LVE with sufficient capacity to serve the customers described in this Notice
and reasonably anticipated future loads along the pipeline corridor. LVE possesses
sufficient contracted natural gas supplies, transportation capacity, and financial resources
to serve these customers without adversely affecting service to LVE's existing customers,
and does not require external financingto complete the limited service connections and
metering facilities involved. LVE anticipates beginning construction of the remaining
service connections upon the Commission's acknowledgment of this Notice and expects
to have the affected customers connected and receiving service within thirty(30) days
thereafter.
3. DESCRIPTION OF THE SERVICE TERRITORY AGREEMENT
Intermountain has agreed to LVE providing natural gas service within the specific
geographic boundaries shown on the Service Area Map attached as Exhibit B, reflecting a
one-mile buffer on either side of the Crow Creek Pipeline located in Caribou County, Idaho
(the"Territory").
Intermountain has reserved the exclusive right to provide service to Simplot's mining
operations within Intermountain's certificated service territory, and LVE agrees to that
reservation; nothing in this Notice seeks to modify service to Simplot's mining operations.
This reservation does not apply to the Simplot Ranch property located adjacent to the Crow
Creek Pipeline, which may be served by LVE within the Territory.
No existing Intermountain facilities will be displaced, duplicated, or abandoned as a result
of the Agreement. In the Agreement, the parties acknowledge that it is consistent with the
public interest, avoids unnecessary duplication of utility facilities, promotes public safety,
and ensures efficient, reliable natural gas distribution to customers within Caribou County.
4. REQUESTED ACTION
LVE respectfully requests that the Commission acknowledge this Notice of Service
Territory Agreement and the Territory described herein and in Exhibit A, consistent with the
Commission's treatment of comparable service territory agreements. The parties request
that this matter be processed on the same basis as other such acknowledgment filings,
without a hearing.
Exhibits
Exhibit A—Service Territory Agreement between Lower Valley Energy and
Intermountain Gas Company
Exhibit B—Service Area Map
PRAYER FOR RELIEF
WHEREFORE, Lower Valley Energy respectfully requests that the Idaho Public Utilities
Commission acknowledge the Agreement described in this Notice, including the Territory
described in Exhibit A, and grant such other and further relief as may be just and proper.
DATED this 00 day of September 2026.
LOWER VALLEY ENERGY
By:
Bear Prairie
President&Chief Executive Officer
Lower Valley Energy
236 N Washington St
P.O. Box 188
Afton,Wyoming 83110
(307) 885-3175
bprairie @Lvener_Tcom
EXHIBIT A
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE NOTICE OF
SERVICE TERRITORY AGREEMENT CASE NO.
BETWEEN LOWER VALLEY ENERGY, INC.
AND INTERMOUNTAIN GAS COMPANY FOR
NATURAL GAS SERVICE IN CARIBOU SERVICE TERRITORY AGREEMENT
COUNTY, IDAHO
Lower Valley Energy, Inc. ("LVE"), a Wyoming cooperative corporation authorized to
conduct business in Idaho, and Intermountain Gas Company("Intermountain"), a
regulated public utility corporation operating under the laws of the State of Idaho and
subject to the jurisdiction of the Idaho Public Utilities Commission ("Commission"), hereby
agree to the service territory terms and conditions described below:
1. Purpose
Intermountain is a gas utility engaged in the sale and distribution of natural gas within the
State of Idaho under authority of Commission Certificate No. 219, issued
December 2, 1955, as amended and supplemented by Order No. 6564, dated October 3,
1962. Intermountain's service territory in Certificate No. 219 encompasses certain
geographic areas within Caribou County, Idaho.
LVE provides electric and natural gas utility service in Wyoming and currently owns and
operates natural gas transmission facilities that extend into Idaho, includingthe Crow
Creek Pipeline. LVE recently completed construction of the Crow Creek Pipeline, and
property owners located adjacent to the pipeline have requested natural gas service from
LVE (approximately six residential customers).
Intermountain does not have existing distribution facilities capable of serving these
customers without substantial new infrastructure investment, while the customers are
immediately adjacent to LVE's existing pipeline facilities and can be served through short
service line extensions. To provide economical service to customers near LVE's existing
pipeline facilities, LVE and Intermountain have entered into this Service Territory
Agreement("Agreement").
2. Consent to LVE's Service
Subject to the Commission's acknowledgment of this Agreement, Intermountain agrees
that LVE may provide natural gas service within the specific geographic boundaries as
shown on the Exhibit B map, attached hereto and incorporated by reference, which
reflects a 1-mile area on either side of the Crow Creek Pipeline located in Caribou County,
Idaho (the "Territory").
Intermountain consents to LVE constructing, operating, and maintaining natural gas utility
distribution facilities and provide natural gas service within the Territory. LVE will be
responsible for serving all new customers in the Territory.
To the extent that Intermountain is currently providing service to customers within the
Territory, Intermountain shall continue to serve said customers. Intermountain reserves the
exclusive right to provide service to Simplot's mining operations within Intermountain's
certificated service territory, and LVE agrees to that reservation.This reservation does not
apply to the Simplot Ranch property located adjacent to the Crow Creek Pipeline within the
Territory, which may be served by LVE.
3.Waiver of Process
Intermountain acknowledges that under Idaho Public Utilities Law (Idaho Code Title 61)
and the IPUC Rules of Procedure, it possesses the right to formal notice, intervention, and
the opportunity to protest any modification to adjacent utility boundaries. Intermountain
hereby represents that it has no objection to LVE's proposed Notice of Service Territory
Agreement filing, and consents to the Commission's acknowledgment of this Agreement
without a formal hearing. Intermountain reserves the right to object and request a hearing
in the event the Territory is modified in anyway.
4. Public Interest and Avoidance of Duplication
Intermountain and LVE acknowledge that this Agreement is consistent with the public
interest.The Agreement allows LVE to deploy infrastructure in a manner that avoids the
unnecessary duplication of utility facilities, promotes public safety, and ensures efficient,
reliable natural gas distribution to customers within Caribou County.
5. Corporate Binding and Authority
This instrument is executed by corporate officers or authorized representatives of
Intermountain and LVE, respectively; is binding upon Intermountain and LVE and their
corporate successors; and is delivered with the express intent that LVE file this document
as an exhibit in support of this Notice.
6. Entire Agreement
This Agreement constitutes the entire understanding of LVE and Intermountain and all prior
negotiations are deemed merged herein. This Agreement supersedes and replaces the
Notice of Consent executed by Intermountain and LVE on July 29, 2026. This Agreement
and the Territory described herein may only be modified in writing executed by the duly
authorized representatives of LVE and Intermountain. Until any modification is executed,
this Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, Intermountain and LVE have executed this document on the
dates set forth below.
IN 4UNTGAS COMPANY
By-
Name:Trabson
Title: Vice President Regulatory Affairs
Date: 7-R-7-0 (a
LOWER VALLEY ENERGY, INC.
By:
Name: Bear Prairie
Title: President&Chief Executive Officer
Date: c/- c-u - Z G
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