20050715Order No 29823_notice of application.pdf

Office of the Secretary
Service Date
July 15 2005
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF KOOTENAI ELECTRIC COOPERATIVE, )
INC. FOR APPROVAL OF AN AGREEMENT)
TO RELEASE A CUSTOMER TO THE CITYOF PLUMMER
CASE NO. CO7-O5-
NOTICE OF APPLICATION
NOTICE OF
MODIFIED PROCEDURE
ORDER NO. 29823
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that on June 24, 2005 , Kootenai Electric
Cooperative, Inc. ("KEC") filed an Application seeking the Commission s approval of a contract
between KEC and the City of Plummer to exchange an existing customer. The exchange
agreement between the parties, dated April 6, 2005 , is submitted for the Commission s review
pursuant to the provisions of the Electric Suppliers Stabilization Act (ESSA). Idaho Code g 61-
332 et seq.
YOU ARE FURTHER NOTIFIED that the ESSA prohibits an electric supplier from
serving a customer already served by another supplier, except as provided in the Act. Idaho
Code g 61-33 2B. The Act allows electric suppliers to contract with one another for the purpose
of exchanging customers; however, such a contract must be filed with the Commission for
approval. Idaho Code g 61-333. The Commission shall approve such contracts only upon
finding that the transfer is consistent with the purposes of the ESSA. Idaho Code g 61-
334(B)(1). The purposes of the ESSA are: (1) to promote harmony among and between electric
suppliers; (2) prohibit the "pirating" of consumers; (3) discourage the duplication of electric
facilities; (4) actively supervise the conduct of electric suppliers; and (5) stabilize the territories
and consumers served with electricity by such electric suppliers. Idaho Code g 61-332(2).
Pursuant to the ESSA, the Commission has authority to approve or reject a contract between a
municipality and a cooperative; however, the Commission has jurisdiction only over the
cooperative in such a proceeding. Idaho Code gg 61-333, 61-334B(1).
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 29823
YOU ARE FURTHER NOTIFIED that the parties propose to exchange one existing
customer solely for the purpose of supplying three-phase electric service. More specifically,
KEC will allow Plummer to provide new three-phase electric service to KEC customer Kurt R.
Morris of Benewah County. The parties agree that Mr. Morris will remain a KEC customer for
all current and future single-phase electric service.
YOU ARE FURTHER NOTIFIED that Mr. Morris is currently a KEC customer with
single-phase electric service, and he applied to KEC for three-phase electric service. To provide
three-phase service to this location, KEC would be required to extend its facilities approximately
three miles at substantial cost to Mr. Morris. The City can provide three-phase service to Mr.
Morris at substantially less cost by making a line extension of approximately one-quarter mile.
Plummer is willing to extend its three-phase service to Mr. Morris, and KEC is willing to release
Mr. Morris as a customer of three-phase electric service.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has reviewed the
Application in this case and has preliminarily determined that the public interest in this matter
may not require a hearing to consider the issues presented, and that the issues raised by the
Application may be processed under Modified Procedure , by written submission rather
than by hearing. IDAPA 31.01.01.210 - 204.
YOU ARE FURTHER NOTIFIED that the Commission may not hold a hearing in
this proceeding unless it receives written protests or comments opposing the use of Modified
Procedure and stating why Modified Procedure should not be used. IDAP A 31.01.01.203.
YOU ARE FURTHER NOTIFIED that the deadline for filing written comments or
protests with respect to Kootenai Electric Cooperative s Application and the use of Modified
Procedure in this case is twenty-one (21) days from the service date of this Order. The comment
must contain a statement of reasons supporting the comment. Persons desiring a hearing must
specifically request a hearing in their written comments. Written comments concerning this
Application shall be mailed to the Commission and the Applicant at the addresses reflected
below:
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 29823
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
Stephen M. Ayers
Attorney at Law
1424 Sherman Avenue, Suite 1100
Coeur d'Alene, ID 83814-4045
E- Mail: sayersCfYicehouse.net
Street Address for Express Mail:
472 W. Washington Street
Boise, ID 83702-5983
Larry Bryant
Marketing Manager
Kootenai Electric Cooperative, Inc.
PO Box 278
Hayden, ID 83835
Donna Spier, City Clerk
City of Plummer
PO Box B
Plummer, ID 83851
These comments should contain the case caption and case number shown on the first page of this
document. Persons desiring to submit comments via email may do so by accessing the
Commission s home page located at www.puc.idaho.gov. Click the "Comments and Questions
icon, and complete the comment form using the case number as it appears on the front of this
document. These comments must also be sent to the Applicant at the e-mail address listed
above.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are
received within the time limit set, the Commission may consider the matter on its merits and may
enter its Order without a formal hearing. If written comments or protests are received within the
deadline, the Commission will consider them and in its discretion may set the matter for hearing
or may decide the matter and issue its Order based on the written comments before it. IDAP A
31.01.01.204.
YOU ARE FURTHER NOTIFIED that the Application has been filed with the
Commission and is available for public inspection during regular business hours at the
Commission offices or on the Commission s website www.puc.idaho.gov by clicking on "File
Room" and "Electric Cases.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 29823
ORDER
IT IS HEREBY ORDERED that the Application of Kootenai Electric Cooperative
Inc. be processed by Modified Procedure, IDAPA 31.01.01.201 - .204. Persons interested in
submitting written comments in this matter must do so no later than twenty-one (21) days from
the service date of this Order.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this I Lj#
day of July 2005.
ji
ARSHA H. SMITH, COMMISSIONER
ENNIS S. HANS N, COMMISSIONER
ATTEST:
D. Jewell
mission Secretary
O:CO7EO501 kdp
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDUREORDER NO. 29823