The URL can be used to link to this page

Home My WebLink About200407161st Request of ID Power to City of Eagle.pdfBARTON L. KLINE ISB #1526 MONICA B. MOEN ISB #5734 Idaho Power Company O. Box 70 Boise, Idaho 83707 Phone: (208) 388-2692 FAX: (208) 388-6936 (' Lv,- \" C. ;:. ILED ill ...-~='"' ?onl f it LUV'1 v 'L PI; 4: 52 .._ i~_ : . i;,/1 U I ILl liES COr',SSION Attorneys for Idaho Power Company 1221 West Idaho Street Boise, Idaho 83702 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IDAHO POWER COMPANY CASE NO. IPC-04- Complainant IDAHO POWER COMPANY' FIRST PRODUCTION REQUEST TO THE CITY OF EAGLE, IDAHO CITY OF EAGLE , IDAHO Respondent. COMES NOW , Idaho Power Company ("Idaho Power" or "the Company and, pursuant to IPUC Rule of Procedure 225 , requests that the City of Eagle, Idaho provide responses to the following discovery requests no later than Monday, August 2 2004. Thi$ Production Request is to be considered continuing and ongoing and the .City of Eagle is requested to provide, by way of supplemental responses , any and all additional documents that it or any person acting on its behalf may later obtain that IDAHO POWER COMPANY'S FIRST PRODUCTION REQUEST TO THE CITY OF EAGLE, IDAHO Page Power application in Case No. CU-02 would likely have conformed to the requirements and provisions of the Eagle Comprehensive Plan in effect in October 1995. If not, please explain why not. REQUEST NO.4: Mayor Merrill testifies on page 5, lines 8-9 of her direct testimony, that the 1995 "CUP also conditioned the sub-station such that if upgrades were ever requested , the sub-station would be removed from the City center. particular Mayor Merrill references Exhibit 100 to the City s direct testimony in this case.Please identify, with particularity, the language in Exhibit 100 that requires removal of the substation from the City center in the event the subject substation were upgraded in the future. REQUEST NO.5: Please provide the basis for Mayor Merrill's testimony on page 5, lines 12-13, that "(t)he desire of the Commission was not to have ugly poles along State Street." Please provide any and all documentation in the City s possession in support of this testimony. REQUEST NO.Please confirm that the design requirements objectives and considerations identified in Chapter 8-2A-6 of the City s Zoning Code apply to proposed development within the City s design review overlay districts. REQUEST NO.7: Please confirm that Idaho Power Company s proposal to construct a 138-kV transmission line within the corporate limits of the City of Eagle was not reviewed and approved by the City s Design Review Board despite the existing and proposed location of the line within the City s DDA, CEDA, TDA and the Entry Corridor as noted on page 4 of 13 of Exhibit 119 to the City s direct testimony. If the response is in the affirmative, please explain why the Company s proposal did not IDAHO POWER COMPANY'S FIRST PRODUCTION REQUEST TO THE CITY OF EAGLE, IDAHO Page 3 will augment the documents or information produced. In accordance with IPUC Rule of Procedure 228, for each item , please indicate the name of the person(s) preparing the answer along with the job title of such person(s) and the witness who can sponsor the answer at hearing. REQUEST NO.1: On Page 12 of 13 of the City s May 11 , 2004 Findings of Fact and Conclusions of Law in Case No. CU-, the City concluded that "the extension of existing ( electric) poles will contribute to the obstruction of scenic views of both the tree canopy along the Boise River as well as the foothills north of the City. Please quantify the extent to which the City estimates that the proposed power poles will obstruct the views of the tree canopy along the Boise River and the foothills north the City. REQUEST NO.2: Exhibit No.00 to the City s direct testimony in this case shows that on or about October 30, 1995, the Eagle Planning and Zoning Commission recommended approval of Idaho Power s application for a rezone and a conditional use permit to allow updating a utility substation and upgrading a power line from 69-kV to 138-kV. In its Findings of Facts and Conclusions of Law (Exhibit 100), the Commission concluded that the proposed projects "will not violate the. . . Eagle City Codes or Eagle Comprehensive Plan . will have no adverse impact on those property owners in the area; . . . (and) the application serves the welfare and electrical power needs of the general public and is in the best interest of the public.Please provide a copy of the Eagle Comprehensive Plan in effect at the time of this 1995 decision. REQUEST NO.3: Please determine whether the uses proposed in Idaho IDAHO POWER COMPANY'S FIRST PRODUCTION REQUEST TO THE CITY OF EAGLE, IDAHO Page 2 require Design Review Board review. REQUEST NO.8: Please confirm that Eagle Zoning Code Section 8-2A- 6(B)(6) regulates the height of architectural appurtenances. REQUEST NO.Please identify the location of the definition of architectural appurtenance" in the Eagle Zoning Code. REQUEST NO.1 0:If the term , " architectural appurtenance is not defined in the City s Zoning Code , please define that term as it is used by the City in assessing the design requirements of a particular project in accordance with the regulations of Eagle Zoning Code Section 8-2A- REQUEST NO. 11: Please describe how Idaho Power s proposed 138- kV transmission line is an "architectural appurtenance" that is subject to the City height restrictions as set out in Eagle Zoning Code Section 8-2A- REQUEST NO. 12: Is it the City of Eagle s contention that Idaho Power Company was required to obtain a conditional use permit to erect its proposed 138- transmission line because that type of facility is an "architectural appurtenance" that is subject to the City s height restrictions as set out in Eagle Zoning Code Section 8-2A- REQUEST NO. 13: Is Idaho Power Company proposed 138- transmission line a "public service facility" as that term is defined in Section 8-2 of Eagle s Zoning Code? REQUEST NO. 14: Is it the City of Eagle s contention that the Company was required to obtain a conditional use permit to erect its proposed 138- transmission line because that type of facility is a "public service facility" as that term is defined in Section 8-2 of Eagle s Zoning Code? IDAHO POWER COMPANY'S FIRST PRODUCTION REQUEST TO THE CITY OF EAGLE , IDAHO Page 4 REQUEST NO. 15:If the City response to Request No. 14 affirmative , please explain how the Company s proposed 138-kV transmission line is a public service facility" as that term is defined in Section 8-2 of Eagle s Zoning Code? REQUEST NO. 16: Section 8-3 of the Eagle Zoning Code establishes that "(t)he administrator shall interpret the appropriate zoning district for land uses not specifically mentioned by determining the district in which similar uses are permitted. Is it the City position that the Company s proposed 138 k- transmission line is a land use specifically mentioned in the Eagle Zoning ordinance? If so , please cite the Eagle Zoning Ordinance reference that expressly permits these types of transmission lines. Alternatively, if the Company s proposed 138 k-V transmission line is not a land use specifically mentioned in the Eagle Zoning ordinance , please identify the "district in which similar uses are permitted. REQUEST NO. 17:Page 3 of 13 of Exhibit 119 to the City direct testimony in this case lists "Transmission Power Line" in the "Land Use" section of the table located on that page. Please explain (a) the purpose of the "Land Use" section of that table and (b) whether reference to a transmission power line in the "Land Use section of that table is intended to imply that transmission lines are permitted uses in those zoning districts identified in the "Zoning Designation" column of that table. REQUEST NO. 18: Please provide a copy of the "Eagle Area Idaho Power Facilities Map" referenced on page 10 of the City s 2000 Comprehensive Plan as amended on February 16, 2004. REQUEST NO. 19:Please produce any correspondence , papers IDAHO POWER COMPANY'S FIRST PRODUCTION REQUEST TO THE CITY OF EAGLE , IDAHO Page 5 meeting tapes or similar documentation to substantiate Mayor Merrill's testimony on page 5, lines 5-, that in 1995 the Idaho Power poles were allowed by the City because promises were made that these would be the only completing circuit that Eagle would ever need. REQUEST NO. 20: Please provide a copy of any correspondence between the City of Eagle and Black and Veatch or any written requests made by the City to Black & Veatch that describe the nature , purpose and extent of the study that the City requested that Black & Veatch conduct on the City behalf concerning evaluation of "the costs and feasibility of constructing an underground 138 kV line" as referenced on page 6, line 13, of Mayor Merrill's direct testimony. REQUEST NO. 21: Pike Teinert asserts in his direct testimony on pages 9 that Idaho Power could have managed the growth at the Eagle Substation and in Star, Idaho using demand side management programs such that the Company could have deferred or avoided the capacity upgrade to the Eagle/Star 69-kV line. Please identify, with particularity, the programs that the Company could have implemented and the quantity of energy the Company could have allegedly saved by implementing each of those programs. Please provide the calculations and bases for any estimates of energy savings. REQUEST NO. 22: Please produce any information or references that Eagle Witness Teinert can provide concerning the documented percentage of existing residential loads that other utilities in practice have reduced by applying demand side management programs to those loads. REQUEST NO. 23: For any information or references provided IDAHO POWER COMPANY'S FIRST PRODUCTION REQUEST TO THE CITY OF EAGLE, IDAHO Page 6 response to Request No. 22 , please provide information on the cost, on a dollar per megawatt basis, for the referenced utilities to implement the demand side management programs identified. REQUEST NO. 24:Please describe how aluminum conductor steel supported cable (ACSS) referred to by Eagle Witness Teinert in his direct testimony on page 17, lines 1-13, reduces voltage drop in comparison to aluminum conductor steel reinforced cable (ACSR) of similar size and with identical loads as asserted by Witness Teinert on page 17, lines 9-, of his direct testimony. REQUEST NO. 25: Please clarify whether Eagle Witness Teinert's seven- year affiliation with EPRI was primarily in research , development and detailed engineering or in sales management. REQUEST NO. 26: Please produce copies of the 1992 University of Toronto and the 1995 Hamilton and Schwann studies referenced by Eagle Witness Reading on page 6 of Dr. Reading s direct testimony. REQUEST NO. 27: Were the studies referenced in Request No. 26 conducted in urban or rural areas? REQUEST NO. 28: Eagle Witness Reading testifies in his direct testimony on page 9, lines 6-8, that "because the proposed line will impact the entry corridors to the City it may well have an impact on potential development." Please quantify the extent to which the presence of the proposed 138-kV transmission line will impact development along the City s entry corridors. IDAHO POWER COMPANY'S FIRST PRODUCTION REQUEST TO THE CITY OF EAGLE, IDAHO Page 7 DATED at Boise, Idaho, this 15th day of July 2004. ~. fB. MONICA B. MOEN Attorney for Idaho Power Company IDAHO POWER COMPANY'S FIRST PRODUCTION REQUEST TO THE CITY OF EAGLE , IDAHO Page 8 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 15th day of July 2004, I served true and correct copies of the above and foregoing IDAHO POWER COMPANY'FIRST PRODUCTION REQUEST TO THE CITY OF EAGLE to the following parties: Donald L. Howell , II Deputy Attorney General Idaho Public Utilities Commission 472 W. Washington Street O. Box 83720 Boise, Idaho 83720-0074 Hand Delivered S. Mail Overnight Mail FAX Susan Buxton Moore Smith 225 N. 9th Street, Suite 420 Boise , Idaho 83702 Hand Delivered S. Mail Overnight Mail FAX City of Eagle O. Box 1520 Eagle , Idaho 83616 Hand Delivered S. Mail Overnight Mail FAX B. Newel Squyres Mary V. York Holland & Hart, LLP Suite 1400, U.S. Bank Plaza 101 S. Capitol Boulevard O. Box 2527 Boise, ID 83701 Hand Delivered S. Mail Overnight Mail FAX Eagle River, LLC c/o Ennis Dale 485 E. Riverside Drive Eagle , ID 83616 Hand Delivered S. Mail Overnight Mail FAX MONICA B. MOEN CERTIFICATE OF SERVICE