20170303IPC to Tidwell Attachment 4.pdf

IDAHO POWER.COMPANY1.^
SNAKE RIVER
rv ag
DAHO 33707BOX70BOISE,
HYDRO POWER
May 15,1974
ROBERT J.O'CONNOR
Vice Presrderh
Administration
The Honorable Mayor
of the City of Ketchum
and City Council
Ketchum,Idaho 83340
Dear Mayor and City Council:
As you are probably aware,the Idaho Public Utilities
Commission,after a formal hearing in Hailey on February 6,1974,
granted a Certificate of Convenience and Necessity to Idaho Power
Company to construct and then operate a 50,000 kilowatt gas cycle
turbine plant near Hailey,and to rebuild to 138,000 volts the
existing 46,000 volt transmission line between the Idaho Power
Company Wood River Substation near Hailey and the Ketchum Sub
station .This action on the part of the Idaho PUC makes it
possible for the Company to fulfill its service responsibilities
to the people of the Ha iley-Ketchum-Sun Valley communities.
For several years it has been a source of concern to
our Company that your area had only a single source of electric
power delivered over the existing 138,000 volt line into the
Ketchum Substation.The 50,000 kilowatt generating plant,together
with the reconstructed line,will enable the Company to provide a
greater reliability of service to the entire area.Once the
generating plant is in service,coupled with the rebuilt trans
mission line,the possibility of total outage of electrical service
to the area is substantially relieved.
It is our concern that under the present conditions the
138,000 volt line could fail under climatic conditions that would
make it impossible to restore electricity to the area for hours,
or even days.The Company believes it has a duty to provide
duplicate service conductors to minimize the risk of extreme hard
ship that a loss of electricity could mean to the communities.
This was the primary reason for seeking the certificate to rebuild
the transmission line and construct the generating plant.
J
The Honorable Mayor
of the City of Ketchum
and City Council -2-May 15,1974
The Company has diligently sought to find another feasibleroutetotheKetchumSubstationwhichwouldnotpassthrough
Ketchum.However,such efforts have failed.
The Company is aware that the present 46,000 volt linethroughKetchumisoldandcanbeimprovedbyrebuilding.It isourconvictionthattherebuiltlinethroughKetchumwillbebetterandmorevisuallypleasingthanthepresentline.Our presentscheduleprovidesfortheCompanytobeginthelinerebuildingaboutAugust25.With this schedule we felt that our plans forthelineconstructionwouldbeofinteresttoyou,both from thetimingofconstructionandtheappearanceofthenewstructuresweplantoerect.
If the City Council desires,we will be happy to meetwithyoutoexplainourrebuildingplans.The Company is participatingthisweekinhearingsbeforetheIPUCrelativetotheCompany's request for a rate increase,so the earliest feasibledateforameetingwouldbeduringtheweekofMay20.If it isnotpossibleforyourCounciltomeetwithourrepresentatives
that week,we will be pleased to attempt to arrange another meetingtime,if you desire.We would prefer a daytime meeting so as tobeabletoshowyouthepresent46,000 volt line through Ketchumanddescribethechangesplanned.Because of construction timingandproblems,we believe such a meeting should be arranged as soonaspossible.
Please let us know your desires in this matter.
Very truly yours,
I y r i)^
R 3 O'Connor
Vice President
RJO:rm
E E Haroldsen
E E Paige
cc
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF IDAHO POWER COMPANY FOR A
CERTIFICATE OF PUBLIC CONVENIENCE )
AND NECESSITY
)
)
CASE NO.U-1006-89
)
ORDER NO.11315
On October 31,1973,the Commission received an application from the
Idaho Power Company (Applicant)requesting a Certificate of Public Convenience and
Necessity for the construction and installation of a 50 megawatt (50,000 kilowatts)
combustion turbine generator and related facilities at
Substation near Hailey,Idaho,and the conversion and rebuild of the present 46KV
Applicant's Wood River
transmission and distribution lines from the Wood River Substation to the Ketchum
Substation to 138KV transmission line.
On November 7,1973,the Commission issued its Notice of Hearing setting
the matter for Hearing at the Grange Hall,Hailey,Idaho,commencing at 9:00 A.M.,
Thursday,December 6,1973,at which time and place the Hearing was held before
Commissioners Ralph H.Wickberg and Robert Lenaghen,and the following appearances
were entered:
JAMES E.BRUCE,Vice-President,Secretary and General Counsel,
and THOMAS G.NELSON,Attorney at Law,appearing for the firm of
Parry,Robertson,Daly §Larson,First National Bank Building,
Twin Falls,Idaho,appearing for the Applicant.
JOHN S.CHAPMAN,Attorney at Law,Idaho Building,Boise,Idaho,
appearing for Dorothy Jean Chapman,Protestant.
K.D.SMITH,Assistant Director,Idaho Public Utilities Commission,
472 W.Washington St.,Boise,Idaho,appearing for the Commission.
Applicant proposes to construct and install a 50 megawatt combustion
turbine generator and related facilities for the generation of electrical power
The plant will be located adjacent to Applicant's Wood River Substationandenergy.
situated between the cities of Hailey and Ketchum,Blaine County,Idaho.
The combustion turbine will be a General Electric model Series 7000,
simple cycle turbine.In the simple cycle,air is drawn into the axial flow
compressor and discharged into the combustion chamber at high pressure.Energy is
-1-
added in the combustion chamber where liquid or gaseous fuel is burned to produce
These high temperature gases are expanded through thehightemperaturegas.
turbine,which converts the thermal energy into mechanical energy of rotation.
The unit will be 32.25 feet at the highest point,116.75 feet long and 61.52 feet
It is a modular type construction and will not have any open running parts.
All the operations will be housed in a structure which will be painted a neutral
wide.
color to blend it into its surroundings.
There will be a fuel supply tank located on the property,but some
distance away from the turbine to store the fuel supply for the turbine.The tank
will be 32 feet high with a maximum diameter of 106 feet capable of storing 50,000
An earth dike will surround the tank and will encompass an areabarrelsofoil.
that will contain all of the oil in the event of a leak.The ground will have an
impervious barrier to prevent any escape of the oil into the ground.
The turbine will be so constructed and installed that at 400 feet the
sound level will be 47 decibels (dba)and 44 dba at 600 feet,which will produce
approximately the same sound pressure level that existed at the site on September
At the present time there are no residents within 400 feet of the tur-
The noise level from the operations
10,1973.
bine and only 3 residences within 600 feet.
of the turbine will not be noticeable at these residences.
To determine the effect that running the turbine would have on the air
quality in the area the Applicant had the General Electric Company to make a study
The study was of the magnitude of ground level concentrationonwhatwouldoccur.
of combustion products that might be expected from operation of the unit.The
methods used in the study were those approved by the Environmental Protection
Agency and included Holland Plume Rise Formula and Pasquel's Atmospheric Diffusion
Formula and weather information obtained from the United States Forest Service
offices in Boise,Hailey and Ketchum.Using the worst one-hour period that could
occur to compute the ground level concentration,the study found that the highest
concentration of any substance is less than 1%of the concentration permitted by
There would be no significant deterioration of the airtheIdahostandards.
quality in the area resulting from the operation of the combustion turbine,either
with natural gas or No.2 heating fuel.
-2-
The Applicant anticipates a shortage of power on the system during the
months of June,July,August and September,1974,due to the delay of the first
500 megawatt unit of the Jim Bridger Steam Electric Generating Station now under
construction in Wyoming.The first unit of Jim Bridger was scheduled for produc
tion in June,1974.However,this schedule,due to labor turnover and harsh
winter weather,has been delayed for 3 to 6 months.In these months,the Appli
cant,due to the very large irrigation and air-conditioning load,will need addi
tional power and energy to supply these loads.With the delay of Jim Bridger
additional energy sources must be obtained by Applicant and the output of the 50
megawatt combustion turbine will aid in remedying this deficit and assist the
Applicant in maintaining its large summer load requirements.
Service to the Hailey-Ketchum-Sun Valley area is presently being
supplied by a 46KV line from Shoshone to Hailey,which does not have the capacity
to serve the entire load in the area,and a single 138KV line running 72 miles
from the King Substation near Hagerman to the Wood River Substation,
in the Hailey-Ketchum area are primarily dependent on the operation of the 138KV
The residents
line.The 138KV line transverses high desert and mountainous terrain,subject to
storms,snow,avalanches,slides,fire and icing conditions.Although the opera
ting experience with the 138KV line since its construction in 1962 has been espec
ially good,the passage of time and corresponding deterioration of plant will
contribute to a substantial outage sometime in the future.
Hailey-Ketchum area is very high due primarily to the large amount of electric heat
used and any prolonged outage of the electric supply especially in the winter months
The winter load in the
could cause great hardship.
The combustion turbine generator will be used to supply energy to the
Applicant's system for the summer of 1974 and until completion of the Jim Bridger
Plant,but it will remain at this location to provide increased security of service
in the Hai1ey-Ketchum-Sun Valley area and as reserve capacity after the Jim Bridger
Plant is completed and in operation.The Applicant investigated alternate methods
for increased electric reliability in the Hailey-Ketchum area.One method consid
ered was the construction of an additional 138KV transmission line extending from
-3-
the Hunt Substation hear Eden northerly across the desert and mountains to the
Silver Creek area,across the Silver Creek area to Gannett and then northerly to
The Applicant encountered a number of problems to this proposal,prim-
The Applicant contacted many individual landowners on the
Ketchum.
arily the right-of-way.
possibility of obtaining right-of-way and found that these individuals did not
desire to grant such right-of-way across their property.Such a transmission
line would cross a substantial portion of federal lands and obtaining right-of-
way across these lands presented serious problems.
Applicant also requests authority to rebuild and convert its existing
46KV transmission line extending from the Wood River Substation to a point near
Gimlet to 138KV transmission capacity with distribution underbuild and to convert
and rebuild the existing distribution line extending from Gimlet to the Ketchum
Substation to 138KV transmission capacity with distribution rebuild.The rebuild
will be on a pole for pole basis;that is,a new pole will be located next to an
old pole and upon completion of the new line all the old poles will be removed.
The length of the new pole will be higher than the present poles and a curved type
wooden mast arm will be used to carry the conductors and the distribution lines will
be located on the new poles at a point below the transmission line.The rebuild
will be done on the present right-of-way and no additional right-of-way will be
required .
The Applicant maintains that it is necessary to have an additional
138KV transmission line into the Ketchum-Sun Valley area for the reason that since
the present 138KV transmission line was constructed,the load on the Ketchum Sub
station has increased from 2,664 kilowatts to 20,924 kilowatts,and with the
present building and expansion going on in the Sun Valley,Elkhorn and Ketchum
area,the load will continue to increase,
the existing 138KV line that extends from the Wood River Substation to the Ketchum
All of the present load is served on
Substation on the east side of the Big Wood River Valley to the east fork of the
Big Wood River,at which point it crosses along and over the east side of the
This section of the line ismountainsthatlieadjacenttothevalleyfloor.
particularly vulnerable to snow,mud or road slides and is in a difficult area to
-4-
As a result of the large increases in load andreachwithgroundtransportation.
the line outage possibility it is prudent to provide an alternate source of power
to the Ketchum Substation.
The attorney for the protestant questioned the necessity of the const
ruction and rebuild of the present 46KV transmission and distribution lines from
the Wood River Substation to the Ketchum Substation to 138KV capacity.The
primary concern appears to be the effect the rebuild of the line to higher poles
would have on the environment of the valley,
there was an alternate route that could be utilized either for additional trans-
He further questions whether or not
mission line or the possibility of placing the proposed line on the present 138KV
structures.
It was his concern that whether or not the operation of the combustion
turbine would cause a substantial deterioration in the air quality in the valley,
especially during periods of low wind velocity.
We have given careful consideration to the effect on the area of
constructing a combustion turbine generator and the rebuild and construction of
the present 46KV lines and distribution lines to 138KV capacity,
opinion that if the proposed 138KV line were to be placed in another area the land
We are of the
use impact,which is the primary consideration,would be much greater on the total
valley impact than in using some route other than the highway,
would replace the present lines and would not add additional poles and wires in
The present plan
But placing the proposed line on the present 138KV structures would
not meet the purposes for which the line is designed and that is an additional
the valley.
power source to Ketchum Substation by an alternate supply of power so that in the
case of the loss of the present 138KV line then you would not lose the entire
The record is clear that theelectricalsupplytotheKetchum-Sun Valley area.
emission from turbine would,when compared to the National Ambient Air Quality
Standards,be less than 1%of the standards and would be far below the "no signi
ficant"deterioration level in all categories to which these standards apply and
would be lower than the minimum requirements of the State of Idaho and the
Environmental Protection Agency.
-5-
We conclude that the benefits to be derived from the installation and
operation of the combustion turbine generator at this site are greater than any
detrimental effect that might be made on the environment of the area,
is not installed on the proposed site and a major interruption should happen,
harm to the public would occur by the loss of electrical energy for space heat-
If the unit
ing,the pumping of water for fire fighting and other purposes and the general
disruption of activities that follow loss of electrical service for an extended
period of time.
not take action to approve an alternate source of electrical power for the Hailey-
Ketchum-Sun Valley area to guard against the extended power outages that would
We would not be fulfilling our regulatory obligations if we did
occur if the 138KV transmission line were lost.It appears that the installation
of the combustion turbine generator and the proposed construction and rebuild of
the present 46KV transmission and distribution line to 138KV capacity is the most
reasonable method to provide security at this time.
£I_NDI_NGS
I.
THAT Idaho Power Company is a corporation organized and existing under
and by virtue of the laws of the State of Maine and is duly authorized to trans
act business in the State of Idaho and is engaged as a public utility in furnish
ing electric service in the State of Idaho and in the states of Nevada and Oregon
with its principal office in Boise,Idaho.
II.
THAT Applicant has filed with this Commission an application request
ing a Certificate of Public Convenience and Necessity for the construction and
installation of a 50 megawatt combustion turbine generator and related facilities
adjacent to its Wood River Substation near Hailey,Idaho,and the conversion and
rebuilding of the present 46KV transmission line and distribution lines from the
Wood River Substation to the Ketchum Substation to 138KV capacity.
III.
THAT electric service is provided to the Hailey-Ketchum-Sun Valley
area by a single 138KV transmission line extending for 72 miles from the King
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Substation near Hagerman to the Wood River Substation near Hailey,Idaho.
IV.
THAT the 138KV transmission line traverses high desert and mountainous
terrain subject to storms,snow,avalanches,fires and icing conditions.
V.
THAT the operating service of this line has been exceptionally good,
but the passage of time and corresponding plant deterioration will contribute
to a substantial outage sometime in the future.
VI.
THAT the Hailey-Ketchum-Sun Valley area has a very high winter load
due primarily to electric heat and any prolonged electrical outage in the winter
time would cause great hardship.
VII.
THAT the construction and installation of a 50 megawatt combustion
turbine generator at the Wood River Substation would provide increased security
to the Hailey-Ketchum-Sun Valley area and alleviate any hardship that could be
caused by a prolonged electrical outage.
VIII.
THAT the construction of an additional transmission line from the
Hunt Substation to the Hailey-Ketchum-Sun Valley area to provide increased relia
bility is not feasible at this time.
IX.
THAT the rebuild and conversion of existing 46KV transmission and
distribution lines to 138KV capacity between the Wood River Substation and the
Ketchum Substation is required for increased security in the Ketchum-Sun Valley
area.
X.
THAT the noise resulting from the operation of the combustion turbine
will not be of sufficient pressure level to cause any hardship to the present
residents of the immediate area.
-7-
XI.
THAT the combustion turbine will be designed,constructed and
operated in such a manner as to meet the air quality standards pursuant to the
applicable laws,rules and regulations of the State of Idaho and of the
United States.
XII.
THAT a Certificate of Public Convenience and Necessity for the
construction and installation of a 50 megawatt combustion turbine generator
and related facilities at Applicant's Wood River Substation and the rebuild and
conversion of the present 46KV transmission and distribution lines from the Wood
River Substation to the Ketchum Substation is in the public interest and a
Certificate of Public Convenience and Necessity should be issued.
ORDER
IT IS THEREFORE ORDERED that a Certificate of Public Convenience and
Necessity should be,and the same is,hereby granted to Idaho Power Company for
the construction and operation of a 50 megawatt combustion turbine generator and
related facilities at the Wood River Substation near Hailey and the conversion
and rebuild of the present 46KV transmission and distribution lines from the Wood
River Substation to the Ketchum Substation to 138KV transmission line.
DONE by Order of the Idaho Public Utilities Commission in Boise,Idaho,
this 6th day of February,1974.
/»/RALPH H.WICKBERG
COMMISSIONER
/s/ROBERT LENAGHEN
COMMISSIONER
(SEAL)
ATTEST:
/s/MARILYN BOURNER
SECRETARY
Note:Commissioner Nock did not
participate in this order.
REL:eh
-8-
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF IDAHO POWER COMPANY FOR A
CERTIFICATE OF PUBLIC CONVENIENCE)
AND NECESSITY
CASE NO.U-1006-89
)
CERTIFICATE NO.272
IT IS HEREBY CERTIFIED that public convenience and necessity
requires and will require Idaho Power Company to construct and operate a 50
megawatt combustion turbine generator and related facilities at the Wood River
Substation near Hailey,Idaho,for the furnishing of electrical energy to the
public and the conversion and rebuild of the present 46KV transmission line from
the Wood River Substation near Hailey to Gimlet and the reconstruction of the
present distribution lines from Gimlet to the Ketchum Substation to 138KV trans
mission line capacity;to exercise all rights and privileges which have been
granted to said Idaho Power Company,its successors and assigns by any franchise
or permit conferred or hereafter conferred upon said Idaho Power Company,its
successors and assigns by any city or village or by any county or by the State of
Idaho or by any political subdivision thereof.
This certificate is predicated upon and issued pursuant to the findings
and order of this Commission,the same being Order No.11315 in the above entitled
matter made and entered on this 6th day of February,1974.
DATED at Boise,Idaho,this 6th day of February,1974.
/s/RALPH H.WICKBERG
COMMISSIONER
/s/ROBERT LENAGHEN
COMMISSIONER
(SEAL)
ATTEST:
/s/MARILYN BOURNER
SECRETARY
Note:Commissioner Nock did not
participate in this certificate.
REL:eh
CONCURRING STATEMENT BY COMMISSIONER RALPH H.WICKBERG
My personal attitude toward authorizing a gas turbine power plant
to serve emergency electric power to the Sun Valley-Ketchum-Hailey area is
one of ambivalence.
It is easy for me to understand that many people who reside in the
area would like to avoid the construction of additional electric facilities
whether they be power plants or higher poles for transmission purposes.
My personal observation is that commercial and residential devel
opments now taking place require a firm and secure electric power supply to
avoid the possibility of serious economic and personal discomfort that would
come about as the result of a major electric power outage.
Idaho law clearly requires the serving utility (Idaho Power Co.)
and the Idaho Public Utilities Commission to use reasonable diligence in
providing an excellent and reliable electric system to all consumers and areas.
The testimony and uncontroverted facts of this case prove conclusively,to me,
that the present electric transmission system serving the Hailey-Ketchum-Sun
Valley area is deficient from reliability criteria.
I believe that this Commission would be derelict in not recognizing
that a present hazard exists to the health,comfort and safety of the residents
of Hailey-Ketchum-Sun Valley.This Commission has before it a reasonable plan
to eliminate much of the risk of a serious electric power outage to this area.
The construction of the proposed gas turbine north of Hailey and the
reconstruction of the transmission line to Ketchum,is,in my opinion,bene
ficial and necessary.
I concur,
/s/(RALPH H.WICKBERG)
COMMISSIONER
ATTEST:
/s/(MARILYN BOURNER)
SECRETARY
•a
CERTIFICATE
STATE OF IDAHO,)
County of Ada.)
)SS.
I hereby certify that the foregoing ie a fullt true and correct
copy of the original urcriEk NO.11515 and CERT.NO.212
in the foregoing entitled matter,now on file m the office of the
Idaho Public Utilities Commieeion._
IN WITNESS WHEREOF,I have hereunto eet my hand and affixed the
eeal of the Idaho Public Utilities Commieeion thie Oth day of
FFRPHARY 1Q7/1
ft
I
I\WA \i yiY.v id CommissionSecretarysa
¦a
BEFORE THE BLAINE COUNTY BOARD
OF ZONING APPEALS
In the Matter of the
Application of Idaho
Power Company
)MEMORANDUM OF
IDAHO POWER CO.)
)
PROCEDURAL MATTERS
Appellant has wholly failed to comply with the Rules
of Procedure of this Board in attempting to perfect her appeal .
The following defects are noted:
No notice of transcript was filed,(Rule No.1)
nor was a statement filed that no transcript
was required (Rule No.13).
1.
No transcript was filed (Rule No.2).
The Assignments of Error were not timely
filed (Rule No.3).
2.
3 .
The Assignments of Error include exhibits
and factual assertions not presented to
the Planning and Zoning Commission (Rule
No.3).
4 .
FACTUAL MATTERS
Rather than extending this memorandum by re-stating
the facts,attention of the Board is called to several mis
statements of fact by appellant.
1.While a transmission line is included in the
Idaho Power Company's total project,the variance request
did not request any action relative to the transmission
line.The transmission line authorization question was
submitted to the Idaho Public Utilities Commission (See
Exhibit F to the original application).
2.Air quality standards are governed by regulations
issued by the Idaho Department of Environmental and Community
Services.The testimony of Norman Dibeluis ,submitted to the
PUC and to Planning and Zoning ,was based on State standards
(See page 5 of Dibeluis'testimony and Exhibit 16)A permit
f
to construct the proposed generator has been granted by DECS ,
the body charged with controlling air pollution.A copy of
this permit was submitted to Planning and Zoning.There is
no evidence in the record concerning "acid rain"or metallic
pollutants as stated in appellant's Memorandum at pages 3,
4 and 5.Appellant presented no evidence on these matters at
either the PUC hearing or the Planning and Zoning hearing,
and these assertions are totally without support in the record.
Alternatives were considered by the Idaho Power
A site at the Ketchum sub-
3.
Company,and were discussed,
station presents the following difficulties:
Not sufficient physical space.1.
Oil would have to get from the tracks
clear through Ketchum to the turbine.
2.
3 .Access to natural gas.
4.A power line would still be needed to
Ketchum for start up of the turbine.
5.Extra cost.
A site at Elkhorn would present much the same problems ,
except that the space around the Elkhorn substation is not so
constricted.A remote rural site,such as south of Bellevue,
would present problems of site acquisition.A new transmission
line from the site to the Wood River substation (through or
around Bellevue and Hailey)with attendant right of way acqui
sition difficulties,loss of time,and increased cost.
Rebuilding of the line from Shoshone was discussed,but since
much of the right-of-way is on federal land,new easements would
have to be obtained,with a delay of several years involved.
A statement that alternatives were not discussed or considered
is simply not accurate.
ASSIGNMENTS OF ERROR
I .
Assignments 1,2 and 3 relate generally to the question
of the propriety of granting a variance and will be discussed
together .
-2-
The basic legal question is whether a variance can
be granted at all,in view of the requirements in §27.31
that a variance "not effect a change in zoning".
Under §5-38,a permit use in Zone R-2 is "Public utility
and public service installations,not including business
offices and repairs and storage facilities;"
(emphasis added)
In reading this section,the question comes up
what sort of facilities are prohibited.Note the wording
"business offices and repairs and storage facilities."
The emphasized "and"indicates that this is a two
part series,including the two categories of (a)business
offices;and (b)repairs and storage facilities.An
example of a simple series will serve to illustrate the usage.
"Sacks,boxes and crates"is a typical series with
the "and"inserted before the last item of the series.
The "and"in a series serves to set off the last item and
give notice that the series is ending.The other items in
a series are separated by a comma,each item then being a
distinct unit.§25.75 includes a series of "domestic
livestock,poultry,rabbits and household pets."
In the series used in §5.38,the "and"setting
off the last item of the series appears to be the "and"
following the word "offices",with the next "and"being a
conjunctive,joining "repairs"with "storage",so that the
prohibited use must involve both repair and storage uses
to be prohibited.(If one thinks this is simply a mistake
in the ordinance,note that the identical language is used
in §4.34 under Zone R-l).
In the context in which used,would such a construction
The zoning ordinance takes notice that publicmakesense?
utility facilities are necessary to serve the public.
The zoners were probably familiar with the usual utility
"yards"were material and vehicles are stored and refurbished,
and did not want such a facility included.
The oil tank is not a typical storage facility,where
parts,vehicles,poles,or wire are collected in a central
place for use elsewhere.The oil tank is an integral part
of the generator facility,and the oil in the tank is for use
with the generator only.This interpretation is supported
by the definition of "accessory use or structure,"§2.2:
"A use or structure....as herein defined."
-3-
The oil tank is an integral part of the entire
public utility installation,as opposed to being a
collection point for an item or items ,to be used at other
places.Websters New International Dictionary,2nd Ed.
(unabridged")defines "storage"as:
"1.Act of storing,or state of being stored;
specif.,the safekeeping of goods in a
warehouse or other depository.Cf .COLD
STORAGE .
2.Space,or place,for the safekeeping of
goods .
The price charged for keeping goods in a
storehouse .
3.
4 .The production,by means of electricElec.
energy,of certain chemical reactions which
when allowed to reverse themselves,generate
electricity again without serious loss."
While the oil tank has been referred to as a "storage
tank",it appears that this is a loose usage of words,and
the tank is not a "repairs or storage facility"within the
meaning of §5.38,but is an accessory use to the public
utility installation,the gas turbine generator.
If there is any question about the interpretation of
the oridinance,all doubts must be resolved in favor of the
landowner's free use of the property.101 C.J.S.Zoning,
§129,p.884 et seq.
II .
Assignments of Error 4,5,6,7,8,9 and 10 seem to
loosely relate to a general claim that the Planning and Zoning
Commission's decision was wrong factually and that insufficient
conditions were required.These contentions will be discussed
together .
As a preliminary matter,it should be noted that
Assignment 4 includes Schedule "A",statistics on accidents
from some sort of petroleum storage facilities ,no source
stated and Assignment 8 includes federal safety standards for
oil tanks.None of this was presented to the Planning and
Zoning Commission.It appears from Schedule "A"that gasoline
tank farms are being discussed,which is a far different
situation than an isolated heating oil tank.
-4-
If Mr.Chapman had bothered to read or include the balance
of the federal standards,he would have found that the type
of fuel being put in the tank is perhaps the single most
important factor governing where the tank is placed,
difference between gasoline and heating oil is almost as acute
as the difference between lightning and lightning bugs.
The
As the Idaho Power Company told the PUC and Planning
and Zoning,the most stringent standard will be followed whether
those othose of OSHA or the Uniform Fire Code,
apply in the absence of any conditions imposed by
Planning and Zoning.
These requirements
So far as the merits of the decision of Planning and
Zoning are concerned,it would appear that protection of the
health,safety and morals of residents of Blaine County requires
consideration of interests other than those of surrounding
property owners.The need for the generator was detailed
before the PUC and Planning and Zoning.No evidence that the
generator was not needed for reliability was presented.Loss
of power for any extended period of time would be extremely
detrimental to not only residential users ,but farmers and
ranchers as well.
The Planning and Zoning Commission's decision on the
facts should be accorded a presumption of validity.They
certainly are aware of the character of the surrounding area ,and
can weigh the impact of the facility on other properties .
The exhibits submitted to Planning and Zoning indicate that the
surrounding area is far from purely residential area.The
Highway Department stockpile and equipment shop is next door.
The properties immediately south include storage areas for what
appears to be building material.There is a quonset hut across
the street.These factors were known to Planning and Zoning
and certainly bear on any decision in the case.
Assignment 6 alleges lack of notice.The variance
sections require notice to be given to the names appearing
"in the list accompanying such application."(§27.4)
is defined,but may refer to the list required to be submitted
with a re-zone application,(§26.43)of property owners within
300 feet of the property described in the application.
Appellant's property is not within 300 feet of the land involved.
In any event,since appellant appeared at the hearing,it is
difficult to see any prejudice.
No list
-5-
r
CONCLUSION
While there are some contentions made by Appellant
which are not specifically discussed herein,we have
discussed the issues we think determinative of the matter.
The fact that certain specific contentions of Appellant were
not discussed does not mean we agree,but merely that those
specific contentions were not discussed in the interests
of time or brevity.
-6-
VOUCHER CHECK REQUEST
Requested by (Department)Legal
Amount of Check $20.00
Ha i ley GrangePayee:
Street or P 0 Box
Hailey,IdahoCityandState Zip Code
Rental of Grange hall for combustion turbine hearing.For
Accounting Distribution
Budget
DistributionGroupLine Amount
24-346-001 $20.00
|1 Mail to reach above payee on or before
[~~3<j Forward to
Prepared by
James E Bruce on or before 1/11/74
1/11/74DateMaryMorton
D
\'Approved
T
!?¦
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*'4
Electricity ••-Does So Much-Costs So Little! - — —
STATE OF IDAHO
DEPARTMENT OF ENVIRONMENTAL AND COMMUNITY SERVICES
Statehouse
Boise,Idaho
83720
James A.Bax
Administrator
Cecil D.Andrus
Governor
December 7,1973
PjWRY,
F:.
Mr.G.J.Hall
Vice President
Idaho Power Company
1220 Idaho Street
Boise,Idaho 83706
'i i 1 3 1973
mm......
AM
Dear Mr.Hall:
This letter is to be considered Idaho Power Conpany's "Permit
to Construct",in compliance with the provisions of Regulation H,Section
3 of the Rules and Regulations for the Control of Air Pollution in Idaho.
Construction is authorized for the facility defined in your application of
November 1,1973.This application covered the installation of a 50 megawatt
gas turbine generating unit at the Wood River Substation.This unit is to
be operated on natural gas or GT-2 distillate which contains less than .5%
sulfur by weight.As defined in your application,this expansion \rill not
violate any existing air pollution standard;however,this permit does not
constitute a waiver of any applicable local,State or Federal Air Pollution
Control Regulation.
It should be pointed out at this time,that the Federal EPA has
proposed rulemaking in the July 16,1973 Federal Register dealing with
"Prevention of Significant Air Quality Deterioration."The regulation that
they will adopt will be retroactive to any construction that was started
after July 16,1973.
It is this Department's feelings that the Wood River area will
be effected by this new regulation.Depending upon the final wording of
this new regulation,your new generating station may be included.You should
be advised that this could mean this plant would not be permitted to operate
on GT-2 distillate oil.
Sincerely,
DEPARTMENT OF ENVIRONMENTAL
AND COMMUNITY SERVICES
Anthony Yankel
Environmental Engineering Specialist II
AY/va
A.J.Eiguren,Assistant Administrator,DECS
Lee W.Stokes,Director,Air and Water Programs,DECS
cc:
P ,:
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A.«...¦•"
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r*m,Y /7 .'OS*n
6-4-73
TRICO DEV.
DEC 1 1973WOODSIDE
Population Projection
:¦
r.p:
RECEIVEDv:j.¦pp ¦
i"
Year Population Living Units
;•1 60 21
jKi,/'-"•'
I&-'PT^jIS
2 150 54
3 280 100
4 580 207
5 900 321
6 1,230
1,570
439
^'P-.¦V
7 561 :-P
8 1,920
2,270
2,880
3,230
3,580
3,930
4,280
4,630
4,980
686
?¦9 811
10 1,029
1,154
life*•
11
ft"
;.12 1,279
1,404
1,529
1,654
1,779
r
w.--1
13
14(1*j;>
15
16
$!V'"C
.-17 5,330
5,680
6,030
6,356
1,904
2,029
2,154
2,270
18
19
20
,1 h 'i ¦'-i'.
fl ee:G.Dayton¦;
.T(-
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P
Exhibit 19
Idaho Power Company
Irrigation Connected Horsepower
'1963 -1974
(Hailey &Total Company)
Hailey District
(added)
Hailey District
(total connected)
IPCo
(added)
IPCo
(total connected)
4,4181963210 36,019 342,294
125 4,628 31,982 378,3131964
410,2952404,753 50,6051965
460,90039,9484,9931401966
500,84857,6035,1333801967
28,215 558,4515,5131771968
36,086 586 ,6665,6901551969
622,75248,0525,8451821970
670,80439,6626,0271001971
710,46646,4086,127651972
756,87467,4496,1921,0671973
846,87490,0001974(est)7,1921,000
PARRY,ROBERTSON,DALY <5t LARSON
LAWYERS
R.P.PARRY
T.M.ROBERTSON
JOHN H.DALY (1913-1968)
BERT LARSON
C.G.MclNTYRE
JOHN R.COLEMAN
THOMAS G.NELSON
JOHN A.ROSHOLT
FRED D.DECKER
ROBERT C.PAINE
THE IDAHO FIRST NATIONAL BANK BUILDING
P.O.BOX 525
TWIN FALLS,IDAHO ©3301 TELEPHONE
(EOQI 733 -3722
November 27,1973
*
Mr.David Vhay
Blaine County Zoning Administrator
:11 E.Croy
Hailey,Idaho 83333
Re:Idaho Power Co.
Dear Mr.Vhay:
We have previously submitted,on behalf of the
Idaho Power Company,an application for rezone or for
creation of a new district near the Idaho Power Company
Substation north of Hailey.I am writing this letter to
request that the Commission consider such application to
be in the alternative for a variance from the strict terms
of the zoning ordinance and request that such a variance
be granted to permit the installation described in the
Application and accompanying materials on the ground that
a literal enforcement of the ordinance would result in
unnecessary hardship and that permitting the variance will
permit the spirit of the ordinance to be observed and
substantial justice done.
If you need any further information,please let
me know.
Yours very truly,
THOMAS G.NELSON
TGN :ib
PARRY,ROBERTSON,DALY <5t LARSON
LAWYERS
R.P.PARRY
T.M ROBERTSON
JOHN H.DALY (1913-1960)
BERT LARSON
C.G.MclNTYRE
JOHN R.COLEMAN
THOMAS G.NELSON
JOHN A.ROSHOLT
FRED D.DECKER
ROBERT C.PAINE
THE IDAHO FIRST NATIONAL BANK BUILDING
P.O.BOX 525
TWIN FALLS,IDAHO 033OI TELEPHON E
(208I *733-3722
November 6,1973
Mr .David Vhay
Blaine County Zoning Administrator
11 E.Croy
Hailey,Idaho 83333
Re:Application of Idaho Power Company
Dear Mr .Vhay :
Enclosed herewith is a copy of the land description
for the property being purchased from Mr.Bodner by the
Idaho Power Company.Two copies are enclosed so that you
may include it in both of the copies of the application
which I left with you.
As you know,the Idaho Power Company has filed an
application with the Idaho Public Utilities Commission for
a certificate of public convenience and necessity for the
generating plant.The Idaho Public Utilities Commission
has set the matter for hearing on December 6 in Hailey.
We wonder if there would be any possibility of having a
joint hearing on that date with the Blaine County Planning
&Zoning Commission and the Idaho Public Utilities Commission.
This would allow us to put on our evidentiary showing only
once,hopefully to the benefit of both Commissions.
If you need anything further,please let me know.
Yours very truly,
THOMAS G.NELSON
TGN :ib .
enc .
y*rnnn
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF IDAHO POWER COMPANY FOR A CASE NO.U-1006-89)
CERTIFICATE OF PUBLIC CONVENIENCE )
AND NECESSITY ....NOTICE OF HEARINGoaaaoaoooa
YOU ARE HEREBY NOTIFIED that on October 31,1973,the Commission
received an application from the Idaho Power Company (Applicant)requesting a
Certificate of Public Convenience and Necessity to construct and install a 50 megawatt
combustion turbine generator and related facilities for the generation of electric
power and energy,the plant to be located adjacent to Idaho Power Company's Wood
River Substation located between the cities of Hailey and Ketchum,Blaine County,
Idaho.Applicant also proposes to rebuild and convert its transmission line extending
from the Wood River Substation to a point near Gimlet to 138 KV transmission capacity
wi*&distribution underbuild and to rebuild the existing distribution line extending
from Gimlet to the Ketchum Substation to 138 KV transmission capacity with dis
tribution underbuild.
YOU ARE FURTHER NOTIFIED that this application has been set for
public hearing in the GRANGE HALL.HAILEY.IDAHO.COMMENCING AT 9:00
A.M.,THURSDAY.DECEMBER 6.1973,at which time and place you will be given
an opportunity to be heard.
DATED at Boise,Idaho,this 7th day of November,1973.
?WRY,mm'"
R E
NOV J 1973
AMI
MARILYN BOUR OMMISSION SECRETARY
dh
n Exhibit 19
Idaho Power Company
Irrigation Connected Horsepower
'1963 -1974
(Hailey &Total Company)
Hailey District
(total connected)
Hailey District
(added)
IPCo
(total connected)
IPCo
(added)
210 4,418 342,294196336,019
31,9824,628 378,3131251964
4,753 50,605 410,2952401965
39,948 460,9004,9931401966
500,8485,133 57,6033801967
28,215 558,4515,5131771968
586 ,66636,0865,6901551969
622,75248,0525,8451821970
39,662 670,8046,0271001971
46,408 710,4666,127651972
67,449 756,8746,1921,0671973
846,87490,0007,1921974(est)1,000
0
I
J-«J-B ENGINEEHS,INC.%¦
S*1
4"
Twin Falls,Idaho 83301I'M third Avtinue Eflbt rclcphone;733*2414
November 7,1973
/f/k &1
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'IN
6,h j ,«j y yvj-
DESCRIPTION OF PROPERTY NO VI 4 1973
AM
IDAHO POWER COMPANY
;rfl«••
Blaine County,Idaho
*V
TV*
A parcel of land located in the SE%of the SE*s of Section 32 and the SW*s
of the SVfc of Section 33 in Township 3 North,Range 18 East,Boise Meridian,
Blaine County,Idaho,more particularly described as follows:
Commencing at the southeast corner of said SE*s SE*t;thence North 88°31'47"
West for 374.36 feet to a point on the easterly right-of-way boundary of
U.S,Highway 93;thence North 19°33'13"West for 235.52 feet along said
U,S.Highway boundary to an Idaho Power Company brass cap marking the
northwest corner of a parcel of land described in a certain warranty deed
between John E.Evans and Idaho Power Company,recorded July 30,1962,
said point also being the REAL POINT OF BEGINNING;thence North 19°33'13"
West for 400.00 feet along said U.S,Highway boundary;thence North 70°30'42"
East for 803.56 feet;thence South 3 32'43"
South 22°32'H"East for 252.76 feet to a point on the northerly boundary
of a parcel of land described in a certain warranty deed between John E.
Evans and the State of Idaho,recorded April 26,1963;thence North 89°37'36"
West for 312.83 feet to a point marking the northeast corner of said warranty
deed with Idaho Power Company;then.ce South 70o31'02"West for 449.80 feet
along a line common to said parcel described in said warranty deed with
Idaho Power Company to the REAL POINT OF BEGINNING.
'¦ilk:.'
fS
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frS,.•
lp.v:
iff#?
East for 264.10 feet;thence
¦M-t
1
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The above described parcel of land contains 7.29 acres,more or less.
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i'S><6e>¦^rUln¦
I'If!..-'*¦
as
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF IDAHO POWER COMPANY FOR A
CERTIFICATE OF PUBLIC CONVENIENCE )
AND NECESSITY .„
CASE NO.U-1006-89)
NOTICE OF HEARING)
YOU ARE HEREBY NOTIFIED that on October 31,1973,the Commission
received an application from the Idaho Power Company (Applicant)requesting a
Certificate of Public Convenience and Necessity to construct and install a 50 megawatt
combustion turbine generator and related facilities for the generation of electric
power and energy,the plant to be located adjacent to Idaho Power Company's Wood
River Substation located between the cities of Hailey and Ketchum,Blaine County,
Idahoo Applicant also proposes to rebuild and convert its transmission line extending
from the Wood River Substation to a point near Gimlet to 138 KV transmission capacity
with distribution underbuild and to rebuild the existing distribution line extending
from Gimlet to the Ketchum Substation to 138 KV transmission capacity with dis
tribution underbuild.
YOU ARE FURTHER NOTIFIED that this application has been set for
public hearing in the GRANGE HALL.HAILEY.IDAHO.COMMENCING AT 9:00
THURSDAY,DECEMBER 8r 1973.at which time and place you will be given
an opportunity to be heard.
DATED at Boise,Idaho,this 7th day of November,1973.
MARILYN BOUR OMMISSION SECRETARY
dh
r\H
?MWV,wW"
F -
NOV'l 4 1973
ili?H
Novow'er 7,li?73
if^
Mr.John S.^Chapnan
."arti?:,j^apr-.aii,''at tin G Lyons
Attorogys at La'.;y F.Of Box 2"9.7
£5ise,Idaho 8370.1
fr^\P.e:Case No.I i-1006-89
Dear Mr.Chapman :
V'c acknowledge receipt of your letter of Icvrtfh.er 7 onbehalfof"rs.Oeretfty .lean Chaprar protest inr the applicationofIdahoPowerCe-ryany for authority to construct nrJ Install a50MegawattcombustionturbinegeneratorandrelatedFacilitiesbetweenthecitiesofLaileyanaketchum,Idaho.0)
hearing on the matter has been set for ;ccembrr C atLaileyasshownarttheattachedNoticeofHearing.
Sincerely,
IDAHO PUBLIC UTILITIES CO'"'157 ION
Marilyn Bourner
Secretary
fit:?-'r.James Bruce
Vice President G General Counsel
Idaho Power Company
.-,»
LAW OFFICES
Martin ,Chapman,Martin &Lyons,
CHARTERED
SUITE 309 IDAHO BUILDING
BOISE,IDAHO 037OI
C.SEN MARTIN
JOHN 5.CHAPMAN
J.F.MARTIN (1093-1 907)?
A.L.LYONS
DAVID W.HYDE
1 *P.O.BOX 2090
TELEPHONE [phone]
AREA CODE 2O0
I U
i 1 "November 7,1973
.S3 I OM
State of Idaho
Public Utilities Commission
317 Main Street
Boise,Idaho 83702
Gentlemen :
This firm represents Mrs.Dorothy Jean Chapman,who owns the
land immediately to the north,of the proposed oil or gas generator
which,has been proposed by Idaho Power Company.in Blaine County.
By this letter,Mrs.Chapman formally opposes this application
by Idaho Power Company and urges the Public Utilities Commission to
deny said application.
In the event this generator should be constructed,it will ser
iously impair the value of Mrs.Chapman's property.In addition to
the noise and air pollution,the generator and ancillary facilities
will be unsightly.This project will have a detrimental effect on
the environment of the Wood River Valley.
I would appreciate if you would notify me as to the date of the
public hearing so that Mrs.Chapman can present her personal testimony.
Veryy&uly/^w^YSj<7
John S.apman
JSC :j c
cc:Dorothy Jean Chapm
nuv 6 1973
H3MH©IPILj jBILIKD OTUMMIO OTmIIOMM
STATEHOUSE
BOISE,IDAHO 83720
384-3420
CECIL D.ANDRUS
Governor
HARRY L.NOCK,President
RALPH H.WICKBERG,Commissioner
ROBERT LENAGHEN,Commissioner
mm
,£J/
mmm
$MARILYN BOURN ER,Executive
Assistant &Secretary
November 2,1973
Mr.James E.Bruce
Vice President &Secretary
Idaho Power Company
Box 7 0
Boise,Idaho 83707
Dear Mh.Bruce:
We acknowledge receipt of your company's Application for
a Certificate of Convenience and Necessity for the con
struction and operation of a combustion turbine generating
plant and transmission line near Hailey,Idaho,
matter has been assigned Case No.U-IOO6-89.
This
You will be advised of further action taken by the Commis
sion.
Sincerely ,
IDAHO PUBLIC UTILITIES COMMISSION
0\i <wV.
Marilyn Boifrner
Executive Assistant &
Commission Secretary
MB :dh
SNAKE RIVER
IDAHO POWER COMPANY<*
W/H\rt'.-/jii'a.T "f.'J
HYDRO POWER
BOX 70 •BOISE,IDAHO 8 3 7 2 1
November 1,1973
*"'v
4*Mr Tom Nelson
Parry,Robertson,Daly &Larson
P 0 Box 525
Twin Falls,Idaho 83301
S'973
Dear Tom:
I am forwarding herewith description of
You canpropertybeingpurchasedfromMrBodner.
attach it to the papers you already have as
Exhibit A.
Very truly yours,
R D Smith
RDS :mlm
Encls
ENGINE.iRS,INcfXHIBIT Av-U-B
Twin Palls,Idaho 0330114TfhirdAvenueEast Telephone:[phone]
October 31,1973
DESCRIPTION OF PROPERTY
IDAHO POWER COMPANY
Blaine County,Idaho
A parcel of land located in the SE%of the SE%of Section 32 andtheSWVoftheSW%of Section 33 in Township 3 North,Range 18 East
Boise Meridian,Blaine County,Idaho,more particularly described asfollows:
Commencing at the southeast corner of said SE%SE%;thence
North 88 31'47"West for 374.36 feet to a point on the easterly right -of way boundary of U.S.Highway 93;thence North 19 33'13"West for
235.52 feet along said U.S.Highway boundary to an Idaho Power Company
brass cap marking the northwest corner of a parcel of land described
in a certain warranty deed between John E.Evans and Idaho Power
Company,recorded July 30,1962,said point also being theREALPOINTOFBEGINNING;thence North 19°33'13"West for 400.00 feetalongsaidU.S.Highway boundary;thence North 70 30'42"East for768.56 feet;thence South 5 32'20"East for 258.81 feet;thence
South 20 45'10"East for 243.33 feet to a point on the northerly
boundary of a parcel of land described in a certain Warranty Deed
between John E.Evans and the State of Idaho,recorded April 26,1963;
thence North 89 37'36"West for 277.83 feet to a point marking the
northeast corner of said Warranty Deed with Idaho Power Company;
thence South 70 31 '02"West for 449.80 feet along a line common to
said parcel described in said Warranty Deed with Idaho Power Company
to the REAL POINT OF BEGINNING.
"—i
The above described parcel of land contains 6.95 acres,more or
less .
AUi
YH$
ENGINEERING—PLANNING—SURVEYING
October 31,1973
Mr A1 Eiguren
Department of Environmental &
Community Services
Statehouse
Boise,Idaho 83720
Dear Mr Eiguren i
We are filing herewith in triplicate application and
exhibits for a new or modified industrial air emission permit
for a combustion turbine generator to be located approximately
Xh miles north of Hailey,Idaho.I am also forwarding herewith
as additional information one copy of Application for Certificate
of Convenience and Necessity filed with the Idaho Public Utilities
Commission on Wednesday,October 31,1973.
Due to the energy problems existing in the Pacific
Northwest,in Idaho and in the Ketchum-Hailey-Bellevue area,we
would appreciate it if action on this application could be expedited.
Any additional material that might be required will be furnished to
you upon request.
If you or anyone in your department desire to observe
the operation of a combustion turbine generator of this type,we
will be pleased to make arrangements to take you to another state
where this operation can be viewed.
Very truly yours,
James E Bruce
Vice President and SecretaryJEBtmlm
Ends
IDAHO POWER COMPANY
BOISE,IDAHO
October 31,1973
Idaho Public Utilities Commission
Statehouse
Boise,Idaho
Gentlemen;
I am filing herewith original and five copies of Idaho
Power Company's Application for Certificate of Convenience and
Necessity for the construction and operation of a combustion tur
bine generating plant and transmission line.
Under present plans this installation would be installed
adjacent to the Company's Wood River Substation site approximately
1%miles north of Hailey,Idaho.An existing 46 KV transmission
and distribution lines would be converted to 138 KV transmission
voltage in order to provide an alternate route for power into the
Ketchum area.
D
This installation will serve two purposes:
an additional energy source,which will be parti
cularly necessary in order to meet the Company's
energy requirements during the summer of 1974,due
to the delay of the Jim Bridger Steam Generating
Plant,and
1.
provide an alternate source of power for the Ketchum-
Hai ley-Be llevue area in the event of a loss of the
transmission line extending from the King Substation
in Hagerman Valley,a distance of approximately 75
miles .
2.
If further information is required,please contact me.
Very truly yours,
James E Bruce
Vice President and SecretaryJEBsmlm
Ends
!J-L/-B ENGINEERS,INC.
Twin Falls,Idaho 83301149ThirdAvenueEast Telephone:[phone]
October 31,1973
Mr.R.Darrell Smith
Idaho Power Company
P.0.Box 70
Boise,Idaho 83701
Property Survey -N.Hailey
Sec.32 &33,T 3 N.,R 18 E.,
RE:
Dear Mr .Smith :
Enclosed please find a plat showing your recently acquired 6.9 acres north of
your present substation in Hailey.Also enclosed are two copies of the legal
description for this parcel.
You may notice that there is an apparent problem with your original parcel which
you acquired from the Evans'in 1962.During our survey we found the corner
marking the northwest corner of your original parcel along the highway right of
way.We then measured south along the highway right of way the 250 feet shown in
your description and found that the southwest corner of your original parcel falls
about 14 feet south of the north section line of Section 5.This corner is apparently
the problem since the deed for this parcel calls for it to fall on the section line.
You will notice the section line is established by the original section corner
and original 1/4 corner to the west.
We do not know how the southwest corner of your present parcel was misplaced,
which in turn probably caused the northwest corner to be in the wrong place,but
the northwest corner is an established corner for that parcel and should not be
changed .
We feel it is our responsibility as Professional Engineers to recommend that
you take whatever steps are necessary to correct the description on your original
parcel.
1)acquire theThereareessentiallytwowaystocorrecttheproblem:
sliver of land on the south side of the section line (14.48'wide at the highway);
2)resurvey and redescribe your land using the existing monuments.
ENGINEERING-PLANNING—SURVEYING
J—LJ B ENGINEERS,INC.1'iilrd Avenue East -Twin Falls,Idaho 83301
Mr.Smith
Page 2
October 31,1973
The second solution would be the logical one.This would decrease your
frontage along highway 93 from 250.00 feet to 235.52 feet as we have shown.
The remaining portions would stay the same and the revised deed would record the
ground as it exists.
The accompanying description and plat of the land to the north will not be
affected by the revision of the original parcel and should be considered satis
factory as they exist.
If we can be of further assistance in correcting the problem with your
original parcel,please let us know.
We apologize for taking so long in getting this description to you but we
had to verify where the problem was.
We want to thank you for allowing us to be of service to you.
Sincerely yours,
J-U^B ENGINEERS,Inc.
Q P%
Joseph K_.Haynes ,F.E .
JKH/clb
encl.
cc:Tom Nelson
J-J-B ENGINEE RS,INC.
Twin Falls,Idaho 83301140ThirdAvenueEast
Telephone:[phone]
October 31,1973
DESCRIPTION OF PROPERTY
IDAHO POWER COMPANY
Blaine County,Idaho
A parcel of land located in the SE%of the SE%of Section 32 andtheSW%of the SW%of Section 33 in Township 3 North,Range 18 EastBoiseMeridian,Blaine County,Idaho,more particularly described asfollows:
Commencing at the southeast corner of said SE%SE%;thenceNorth8831*47"West for 374.36 feet to a point on the easterly right-of way boundary cf U.S.Highway 93;thence North 19 33*13"West for235.52 feet along said U.S.Highway boundary to an Idaho.Power CompanybrasscapmarkingthenorthwestcornerofaparceloflanddescribedinacertainwarrantydeedbetweenJohnE.Evans and Idaho PowerCompany,recorded July 30,1962,said point also being theREALPOINTOFBEGINNING;thence North 19°33'13"West for 400.00 feetalongsaidU.S.Highway boundary;thence North 70 30'42"East for768.56 feet;thence South 5 32*20"East for 258.81 feet;thenceSouth2045*10"East for 243.33 feet to a point on the northerlyboundaryofaparceloflanddescribedinacertainWarrantyDeedbetweenJohnE.Evans and the State of Idaho,recorded April 26,1963;thence North 89 37*36"West for 277.83 feet to a point marking thenortheastcornerofsaidWarrantyDeedwithIdahoPowerCompany;thence South 70 31*02"West for 449.80 feet along a line common tosaidparceldescribedinaaidWarrantyDeedwithIdahoPowerCompanytotheREALPOINTOFBEGINNING.
The above described parcel of land contains 6.95 acres,more orless.
<3v
Uj
cc
IofJXyw
ENGINEERING—PLANNING—SURVEYING
''HHP
"•¦28 «,A
3
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION^'
)APPLICATION OF IDAHO POWER
COMPANY FOR A CERTIFICATE
'OF PUBLIC CONVENIENCE AND
NECESSITY
)CASE NO U-
APPLICATION)
)
COMES NOW,Idaho Power Company,Applicant herein,and
respectfully shows the Commission as follows:
I
Idaho Power Company (Applicant)is a corporation incorporated
under the laws of the State of Maine on May 6,1915 and duly qualified
to transact business as a foreign corporation in the States of
Applicant is engaged in the busi-Idaho,Oregon,Nevada and Wyoming.
ness of generating,purchasing,transmitting and.distributing
electrical energy.Applicant's principal place of business is situated
in Boise,Idaho,and its address is 1220 Idaho Street,Boise,
Idaho,P O Box 70,83721.
II
Applicant proposes to construct and install a 50 megawatt
combustion turbine generator and related facilities for the genera
tion of electric power and energy.said plant to be located adja
cent to Idaho's Wood River Substation located between the cities
of Hailey and Ketchum,Blaine County,Idaho.
Ill
The combustion turbine generating plant will have a
nominal capacity of 50,000 KW and is planned to be in commercial
operation about May,1974.
A map showing the location of the proposed combustion
turbine generating unit and related facilities is attached hereto
as Exhibit "A."
-2-
The combustion turbine generating unit will utilize oil
or natural gas,depending upon the availability of either supply.
Idaho is negotiating with oil and gas suppliers for supplies suffi
cient to meet the operating needs of said unit.
The generating plant will be designed,constructed and
operated to meet air quality standards pursuant to the applicable
rules and regulations of the State of Idaho and of the Unitedlaws,
Applicant will file an application with the State of IdahoStates.
Department of Environmental and Community Services for a new indus
trial air emission permit.The generating plant will not compete
directly with any other public utility.since the power and energy
will be used to supply loads on the Applicant's system.
IV
Applicant also proposes to rebuild and convert its existing
46 KV transmission line extending from the Wood River Substation to
a point near Gimlet to 138 KV transmission capacity with distribution
underbuild and to convert and rebuild the existing distribution line
extending from Gimlet to the Ketchum Substation to 138 KV transmission
capacity with distribution underbuild.This rebuild and conversion
will utilize existing private,highway and street right of way.A
map showing the lines proposed to be rebuilt and converted is attached
hereto as Exhibit "B."
V
The estimated cost of the proposed generating facilities.
including the turbine generating unit,substation facilities,oil
storage tanks and other related facilities is estimated to be about
The estimated cost of converting and rebuilding the$6,000,000.
existing transmission and distribution lines to 138 KV is estimated
to be about $385,000.
-¦-•:s -.j,,-.i
— I rfTrrkT—
—3-
VI
It is estimated that the energy output of said combustion
turbine generating unit at 23 percent annual load factor will be
approximately 100,000,000 kilowatt hours per year and that the
estimated annual operating expense (excluding fuel)for the plant
will be approximately $75,000.
VII
Jt is proposed to finance the new construction by the
use of internally-generated cash,the issuance of either stocks
or bonds,or both,as may from time to time be approved by this
Commission.
VIII
Attached as Exhibit "C"is a statement showing the
financial condition of Applicant,which statement is by this
reference incorporated as a part of this application in compliance
of Practice and Procedure of thiswithRule15oftheRules
Commission.
IX
Certified copies of Idaho's Restated Articles of
Incorporation,as amended,and By-laws of Idaho,as amended,are
on file with this Commission as part of Case No U-1006-80.
X
Applicant alleges that there will be an urgent and con
tinuing need for power supplied'from the combustion turbine unit in
order to supply the requirements of Applicant's system commencing
in June,1974.
Applicant proposes to use the combustion turbine generat
ing unit to supply both peaking power and energy during the months
_4-
of June,July,August and September,1974.In these months,due to
the Company's very large irrigation and air conditioning load,the
Company will need additional power and energy in order to supply this
The first unit of the Jim Bridger steam electric generatingload.
plant was scheduled for production in June,1974.However,this
schedule,due to labor turnover and harsh winter weather,has now
been delayed for three to six months.With this delay additional
energy sources must be obtained by the Company and the output of the
50,000 kilowatt combustion turbine will assist in remedying this
deficiency and assist the Company in meeting its large summer load
requirements for irrigation,air conditioning and other uses.With
the current energy deficiency in the Pacific Northwest,there are no
reasonable alternatives for obtaining this amount of power and energy.
In addition,after the Jim Bridger unit commences genera
tion.any failure or shutdown of the Jim Bridger unit will require
the Company to obtain replacement energy.This combustion turbine
generating unit will be available to supply a portion of this replace
ment energy.
XI
Applicant further alleges that reliable service to the Bellevue
Hailey,Ketchum and Sun Valley areas will be greatly enhanced by the
alternative source of supply obtained by placement of this generating
unit in the area and construction of the 138 KV transmission line from
the Wood River Substation to the Ketchum Substation.At the present
time this entire area is served by one 138 KV transmission line extend
ing from the King Substation in the Hagerman Valley to the Ketchum
Substation,a distance of approximately 72 miles.This line in many
places traverses high desert and mountainous terrain subject to storms.
„ ---- —
"-r Y ~-
—v
rj-*"
—5—
snow,avalanches,slides and fires.Due to the location of the line,
outages could occur at any time and such outages could last for many
The load in the Hailey-Ketchum area.as of last winter'shours„
peak,was in excess of 31,000 kilowatts and this load has been steadily
increasing with the construction of Elkhorn and other developments.
It is estimated that this load could increase to a peak in the winter
of 1973/1974 of 40,000 kilowatts.The majority of the homes and
businesses in this area are heated by electricity and any extended
outage could have a very detrimental effect on the area due to frozen
pipes,extreme cold and other difficulties that occur in buildings
and to people from a failure of their heating sources.
XII
Applicant for the foregoing reasons alleges that construction
and operation of the combustion turbine generating plant at the Wood
River Substation site and the rebuild and conversion of existing 46 KV
transmission and distribution lines to a 138 KV transmission line will
materially contribute to the energy requirements for the Company's
entire system,will provide an alternative source of supply to the
Bellevue,Hailey,Ketchum and Sun Valley area,and will greatly improve
reliability of service to this area.The overall result of this con
struction will be in the public interest and the present and future
public convenience and necessity require that this application be
granted .
WHEREFORE,Applicant respectfully requests that this
Commission enter its order herein granting to Applicant a Certi
ficate of Public Convenience and Necessity authorizing the con
struction,operation and maintenance of the combustion turbine
-6-
generating unit and related facilities and the conversion and
rebuilding of the 138 KV transmission line,as described in the
foregoing application.
DATED this 24th day of October,1973.
IDAHO POWER COMPANY
/s/Albert Carls en
President
By
^ /s/James E Bruce
Attorney for Applicant
STATE OF IDAHO )
)ss
County of Ada )
ALBERT CARLSEN,being first duly sworn,deposes and says
that he is the President of IDAHO POWER COMPANY,the Applicant
named in the foregoing application;that he has read the said
application,including the Exhibits thereto,and knows the con-
and that the same are true to the best of histentsthereof;
knowledge and belief.
/s/Albert Carlsen
Subscribed and sworn to before me this 24th clay of
August,1973.
/s/Mary L Morton
Notary Public for Idaho
Residing at Boise,Idaho
My Commission expires April 1,1976(NOTARIAL SEAL)
—~7 •).••."V~l -
—_—¦
_..i _"**
t'#«—
4*1 a?/?/«/!(''"'Vr
U f/0
AGREEMENT
>^rhTHISAGREEMENT,Made and entered into this i ;day
1973,by and between ANTON A.BODNER and LISELOTTEofOctober,
BODNER,husband and wife,of Reseda,California,hereinafter
referred to as "Sellers,"and IDAHO POWER COMPANY,a corporation.
with its principal office located at 1220 Idaho Street,Boise,
Idaho,hereinafter referred to as "Buyer,"WITNESSETH:
I
Sellers agree to sell and convey and Buyer agrees to
purchase,effective as of September 25,1973,for the sum of
SEVEN THOUSAND AND NO/HUNDRETHS DOLLARS ($7,000.00),per acre.
payable as hereinafter provided,a parcel of land owned by
Sellers located North of and adjoining Buyer's Wood River Sub
station in Blaine County,Idaho,said parcel having a four
hundred foot (400')frontage on Highway 93 and extending Easterly
seven hundred twenty-six feet (726')or to the foot of the bench.
J a-tr=lSre—the--Buyer,);together—with-^Tl-wa t er ~a nd -water
I w "*....'—*—*"¦
rights-;—cfoesty di Lull rights-,!th-eyguato—bel-org-rng—o-r in anywrse
appertaining ./!/%,j h
4**y
ii
The parties hereto agree that said property shall be
surveyed and the corners established by a licensed engineer.It
is further agreed that each party will pay one-half of the cost
of said survey.i
III
Sellers agree to deliver to Buyer on or before December
15,1973,a Warranty Deed to be prepared by Buyer,conveying good
«-l~—...r c">.•'c;*~'r •
•z :r-
2
and merchantable title,free and clear from all liens and encura-
brances,in and to the property described hereinabove,as surveyed,
and to execute any necessary assignments and documents for the
transfer of any rights in and to said property.
f Suy/Sn /¦£v/z~fy/UrJifiAt.»*¦,rs/*f fi/u-piStfy
a jy \iIV
i
Sellers agree to pay all taxes and assessments on the
property for'the year 1972 and prior thereto.Taxes and assess
ments for the year 1973 shall be prorated by the parties as of
September 25,1973.Buyer assumes and agrees to pay all taxes
and assessments on the property after September 25,1973.V
V
Buyer agrees to pay the sum of SEVEN THOUSAND AND NO/
HUNDRETHS DOLLARS ($7,000.00)per acre as surveyed as follows:
(a)One Thousand and No/Hundreths Dollars ($1,000.00),
upon the execution and delivery of the Warranty Deed as herein
above provided.
(b)The remaining purchase price after January 1,and
before January 15,1974.
VI
Sellers agree that they shall obtain at their sole
cost and expense,a policy of title insurance in the amount of
d"¦the purchase price for the property,as surveyed,naming Idaho
Power Company as the insured,with a company duly qualified to
issue policies of title insurance in the State of Idaho.
VII
Sellers acknowledge that said property is being pur
chased by Buyer for the construction and operation of a 50 MW
T 3
oil or gas fired gas turbine electric generating station and
Sellers expressly agree that they shall not object or appear
against Buyer in any proceeding relating to rezoning of said
land or the issuance of construction or operating permits,or
bring any action against Buyer relating to the construction or
operation of said station.
VIII
THIS AGREEMENT and the provisions thereof shall be
binding upon the heirs,representatives,successors and assigns
of the parties hereto.
S=4 SLf-u
Sellers
IDAHO POWER COMPANY,Buyer
Vice President
By^L
i.
(CQRPORATE SEAL)
>'
'ATTEST:
r y a
¦'•ri '¦-7 I
Secretaire
zs:
fz ./,*c o '¦?r'
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—L7.
4
STATE OF CALIFORNIA )
County of
On this /~7 day of October,1973,before me,a
Notary Public,personally appeared ANTON A.BODNER and LISELOTTE
BODNER,husband and wife,known to me to be the persons who
executed the foregoing instrument and acknowledged to me that
they executed the same freely and voluntarily for the uses and
purposes therein mentioned.
)ss
IN WITNESS WHEREOF,I have hereunto set my hand and
affixed my official seal,the day and year in this certificate
first above written.
LOS ANGELES COUNTY '
MyGDnimlsjJcnExpifdiAfjyJ£,j 971;
mi Airport Blvd.,Los CM
STATE OF IDAHO )
¦>
7
c-C r eii-1
Notary Public
Residing at;
My Commission expires:
)ss
County of Ada )
day of October,1973,before me,a Notary
Public,personally appeared *4.-'
to me personally known,who being duly sworn,did say that they
are respectively the Vice President and the Secretary of the
corporation that executed the within instrument and acknowledged
to me that such corporation executed the same as the free act
and deed of said corporation.
On this
and JAMES E.BRUCE,
IN WITNESS WHEREOF,I have hereunto set my hand and
affixed my official seal,the day and year in this certificate
first above written.
Notary/Public
Residing at:
My Commission expires:C
(NOTARIAL SEAL)
v,'1-id
•
n
BLAINE COUNT?PLANNING &ZONING COMMISSION
POST OFFICE BOX 149 HAILEY,IDAHO 83333 TELEPHONE [phone]
ROBERT VERNON,CHAIRMAN
NICK PUROY,VICE CHAIRMAN
DORIS BENNET,SECRETARY
ROYCE ASHER
GLENN COOPER
LEE ELDRIDGE
ANDY GARDNER
GLEN MUELLER
MARK PATTERSON
COY POE
CLAUDE PORTER
JERRY SIDWELL
DAVID VHAY,ADMINISTRATOR
ROBERT BARNES,DEPUTY ADMINISTRATOR
December 4,1973
Idaho Power Company
1220 Idaho Street
Boise,Idaho 83706
Dear Sirs;
In regard to your present variance application before the Commission,we are
requesting that additional information be submitted to this office.Our purpose in
requesting this information is to provide the commission with a more detailed
picture of the power system within the Wood River Valley,present and anticipated
demands within this service area,possible alternatives to the present proposal,
and potential hazards or nuisance which may be created by the generating facility
and transmission lines.
It is requested that the following information,to the greatest degree possible,be
submitted in graphic form on maps of the area with use of different colors or over
lays to indicate the existing system,proposed systems,alternatives,etc.,.
1.)Existing Transmission System
a.)All existing transmission lines into the Wood River Valley (W.R.V.)
service area,location,approximate kjlovolt and kilowatt capacity,
point of origin and capacity at origin source.
b.)Transmission lines within the W.R.V.service area approximate
kilovolt and kilowatt capacity.(Note:Kilowatt or megawatt capacity
is requested to allow the Commission to equate supply capability
and demand.
c.)Substation locations and distribution areas.
2.)Proposed System Improvements (Present Application)
a.)Location and capacity of proposed transmission line (Hailey to Ketchum).
b.)Location and capacity of proposed generating facility.
Note:This information has been submitted,however,we request that
it be indicated graphically in context with the over all system.
n
December 4,1973
Idaho Power
Page 2
3.)Possible Alternative Systems
a.)Alternative locations for proposed generating facility and related trans
mission line requirements (i.e.,location of the generating facility in
lower W.R.V.area (South of Bellevue)or other area less likely to
undergo intensive residential development.
b.)Alternative of providing new main transmission line into the W.R.V.
service area as discussed two years ago,and right of way location
considered at that time.
c.)Utilization of all or a portion of the existing 138kilpvolt transmission
line (Hailey to Ketchum)for new transmission facilities.
d.)Brief statement presenting positive and negative aspects of the facilities
proposed as contrasted with the above or other alternatives.This should
weigh economics,capability to provide service,reliability,potential
hazards or nuisance,environmental effects,aesthetics,and other con
siderations which may be relevant.
4.)Wood River Valley Electrical Demand
a.)Graphic indication of separate service areas within the W.R.V.
(Item 1.)-c.)above)
b.)Present peak summer and winter kilowatt demand for each area and
total .
c.)Anticipated future peak demands for each area based on Idaho Power
Planning Projections.
d.)Approximate per capita consumption (residential).
e.)Approximately the percentage of consumption by use,(i.e.residential
commercial,industrial,recreational,agricultural,etc.,.).
5.)Potential Hazards or Nuisance;
a.)Related to location of a 138 kilovolt transmission line in close proximity
to highly developed areas,(I ine breakage,electrical fields,etc,,.).
b.)Related to combustabi I ity of proposed oil storage facility.
c.)What is the octave band (frequency,cycles/seconds of the proposed
generating plant at the specified 47 db sound pressure level.
n
December 4,1973
Idaho Power
Page 3
6.)Miscellaneous Questions and Information Requested
a.)Time Periods that new generating facility will be in operation,(months
during the year,hours/day,etc.,.).Will the proposed generating
facility be used as an emergency standby unit after the Jim Bridger .
Plant is in operation (fall,1974)?
b.)What is the cost of power generated by the proposed plant in relation
to present cost/kilowatt?
c.)Effect of present federal policies (regarding oil as a fuel source for
generating plant?
d.)Photographs or drawings of proposed transmission poles,approximate
spacing and number of existing pole lines that would be replaced.Will
the proposed Hailey to Ketchum pole line be used for other services,
(telephone,television cable,etc.,.)?
Hopefully,this information can be submitted to this office for our review a few days
prior to the Commission's Hearing on the 13th day of December (Thursday).
Please note that the originally scheduled hearing date of Tuesday,December 11th
has been changed to December 13th due to a meeting conflict at the Court House,
will still be at the same time as previously published,8:00 P.M.
It
If there are questions pertaining to the information requested,please contact this office.
Yours trulyp\
David L.Vhay
Planning and Zoning
Administration
cc:Blaine County Commissioners
Blaine County Planning and Zoning Commission Members
Blaine County Prosecuting Attorney
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nif ZONE APPLICAT ION BLAINE COUNTY F INNING AND ZONING
BEZONE APPLICATION
(Nol a business I i ronso or building permit)
788-2262 Hailey
Phone [phone] BoiseNAME: Idaho Power Company
(Owner or Holder of Valid Option)Home Business
A D D R ES S :Hailey, Idaho 122.0 Idaho Street,Boise,Idaho
GENERAL LOCATION:One and one-half (lh)miles North of Hailey,Idaho
LEGAL DESCRIPTION OF PROPERTY (Attach if necessary):
See Attachment
!
R—1 -Residentialproposed :M-l IndustrialZONINGCLASSIFICATION:Present:
JUSTIFICATION:Attach a brief statement concerning the following:
1.)Flow the land uses in the requested zone are more related to the
Comprehensive Plan for the area than the uses presently permitted.
i
2.)Availability of facilities to support the allowable uses such as streets,
sewage,water,etc.,.
3.)Any other pertinent information.
V5C1N3TY SKETCH:A vicinity map which is drawn to scale must be attached
showing the location of the property under consideration.
A$25.00 fee must accompany this completed application.FEE :
PROOF OF OWNERS FIIP OR VALID OPTION HOLDER:A copy of your property deed
or option agreement should be
I
attached.Idaho Power Company !
^7 \SIGNATURE By
yice President
Attorney for Applicant -Parry,Robertson,Daly &
—EaTSorf'
STAFF RECORDS
B3L1 I
Torn NplRnrT
P-Z COMMISSION HEARING DATEDATERECEIVED
RECEIPT NO.
Received by
;
JUSTIFICATION
The basic reasons for the installation of the Combustion
Turbine Generating Plant in this vicinity of Hailey,Idaho,is set
forth in detail in the application filed with the Idaho Public
Utilities Commission (Exhibit F to this application).
1.The proposed generating plant is located immediately
adjacent to property presently used by Idaho Power Company for an
electric substation and the use of the property requested to be
rezoned for a generating plant will be related to the existing use
of the adjacent property belonging to Idaho Power Company.In
addition,part of the adjoining property on the south and east is
owned by the State of Idaho and is presently used for equipment
storage,shops and gravel pit.
2.Existing facilities are available to support the
installation.A gas line is located on the railroad property lying
east of the proposed plant site and oil can be hauled by tank car
on this railroad and piped to the site by underground pipeline.
An existing highway borders the west side of the property and a
private roadway lies along the south side of the property.
Water required for the turbine can be obtained from an
existing well on the property.No sewage or other disposal will
be required.
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY TO BE RECLASSIFIED
I
A certain parcel of land in the Southeast quarter of the Southeast
quarter (SE%SE%)of Section thirty-two (32)and Southwest quarter
of the Southwest quarter (SW%SW%)of Section thirty-three (33)in
Township three (3)North,Range eighteen (18)East,BM,Blaine
County,Idaho;More particularly described as follows:
Beginning at a point,said point being the Southeast corner of
above described Section thirty-two (32)and is the REAL POINT OF
BEGINNING;thence North eighty-nine degrees forty-four minutes
West (N 89°44'W)three hundred sixty-nine and five-tenths (369.5)
feet along South boundary of said Section thirty-two (32)to a
point;thence North eighteen degrees forty-seven minutes thirty-
three seconds West (N 18°47'33"W)two hundred fifty (250)feet to
a point;thence North seventy-one degrees twelve minutes thirty
seconds East (N 71°12'30"E)four hundred fifty (450)feet to a
point;thence South eighteen degrees forty-seven minutes forty-
eight seconds East (S 3.8°47'48"E)four hundred five and six-
tenths (405.6)feet to a point;thence North eighty-nine degrees
forty-four minutes twenty-one seconds West (N 89°44'21"W)one
hundred six (106)feet to the REAL POINT OF BEGINNING.
The above described land contains three and thirty-seven hundredths
(3.37)acres,more or less.
II
A parcel of land located in the SE%SE%of Section 32 and the SW%SW%
of Section 33,Township 3 North,Range 18 East,Boise Meridian,
lying Northerly and adjoining the Idaho Power Company Wood River
Substation located 1%miles North of Hailey,Blaine County,Idaho.
Contains 6.50 acres,more or less,and said parcel has 400 foot
frontage on Highway 93 and extends Easterly to the toe of the slope.*
*This property is presently being surveyed and a survey description
will be filed within one week.
/,•.
2-„3—WARRANTY.DEED lrt'intctlair"
" I J _—Z.l(
THIS INDENTURE,Made this day of22..,1962
ll
,betweenIintheyearofourLordonethousandninehundredandsixty-two
i ;:JOHN E EVANS and.MARGARET JEAN EVANS,husband and wife,
,County of
,the parties of the first part,and IDAHO POWER COMPANY,a corporation,
!
,State of IdahoofKetctrumBlaine
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i,State of IdahoofBoise,County of Ada ¦i i!
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Il;the part y of the second part.
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of the first part,for and in consideration of the sum of;;WITNESSETH,That the said parties
i TEN AND NO/HUNDREDTHS ($10.00)
»
DOLLARS,'
i
,•'.tasvfu!money,of the United States of America,and other good and valuable consideration
'•to iheia in hand paid by the said t
party ¦¦¦of the second part,the receipt whereof is hereby-acknowledged,have granted,bargained j
and s^ld,.0d fey these pmehte bargain,sell,convey and cbnfinn unto the said parties j
¦of the sebond part,and to its'items aha assigns forever,all of the following described real estate,1
;.shyalfcd in /,County of Blaine ,State of Idaho,to-wit:1)
j A -A'certain phrcel of land in the Southeast quarter of the Southeast quarter (SE^SE^)
'of;S»c*,tion tlrtrty-t#(32)and Southwest quarter of the Southwest quarter (StfpwJ)j |
of Sectio.-I thirty-three (33}in Township three (3)North,Range eighteen (l3)East,
BM,Blaine County,Idaho;More particularly described as follows:
Beginning at a point,said point being the Southeast corner of above described
1 Section thirty-two (32)and is the REAL POINT OF BEGINNING;'thence -North
|;eighty-nine degrees forty-four minutes Nest (a Q^"KK'w)three hundred sixty-
nine end five-tenths (369*5)feet along South boundary of said Section thirty-
two (32)to a point;thence North eighteen degrees forty-seven minutes thirty
;:three seconds West (N lS°k7'33"W)two hundred fifty (250)feet to a point;thence
:North seventy-one degrees twelve minutes thirty seconds East (N 71°12'30"E)
four hundred fifty (I5&)feat to a.point;thence South eighteen degrees forty-
¦|seven minutes forty-eight seconds East (S l3°k7 '18"E)four hundred five and
j j six-tenths (k05*6)feet to a point;'thence North eighty-nine degrees foriy-
1 four minutes twenty-one seconds West (N 89oilV2l"W)one hundred six (106)
'feet to the REAL POINT OF BEGINNING.
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The above described land contains three and thirty-seven hundredths (3.37)
acres,more or less.
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TOGETHER,With all and singular the tenements,hereditaments and appurtenances thereunto
belonging or in anywise appertaining,the reversion and reversions,remainder and remainders,rents,
1 issues and profits thereof;and all estate,right,title and interest in and to the said property,as well
;in law as in equity,of the said parties
'1
of the first part.i ii
TO HAVE AND TO HOLD,All and singular the above mentioned and d
,with the appurtenances,unto the party
i and the said parties of the first part,and "their heirs^tlie
I possession of thesaid party of the second part,itl SteSSiua
:of the first part,and their heirs,and against all and every person and persons whomsoever,lawfully
I j claiming or to claim the same shall and will WARRANT and by these presents forever DEFEND.
finises,together
of the second part,and to its find assigns forever
remises in the quiet and peaceable
assigns,against the said parties
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IiIhereuntosettheirhandINWITNESSWHEREOF,The said parties of the first part have
.the day and year first above written.and seal ;i
CSIGNED,SEALED AND DELIVERED IN THE PRESENCE OF
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STATE OF IDAHO
!!ss.li
BlaineCountyof
I )'in the year 19 62',before me
•;,a Notary Public j !
On this day ofI
\w i ,i ;•
in and;foresaid State,personally appeared -john E EVANS and MARGARET JEAN EVANS
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subscribed to the;within instrument,and.known to me to be the person s
acknowledged to me that t he y
whose names
executed the same.i
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IN WITNESS WHEREOF;I have hereunto set my h^nd and affixed my official seal,thejduy and
year in this certificate,first above written.,
/.L_/L
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.1 Notary Public for the State of Idaho,
Residing at
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A G R E B M E N T
r-,r',THIS AGREEMENT,Made and entered into this day
of October,1973,by and between ANTON A,BODNER and LISELOTTE
BODNER,husband and wife,of Reseda,California,hereinafter
referred to as "Sellers,"and IDAHO POWER COMPANY,a corporation.
with its principal office located at 1220 Idaho Street,Boise,
Idaho,hereinafter referred to as "Buyer,"WITNESSETH:
I
Sellers agree to sell and convey and Buyer agrees to
purchase,effective as of September 25,1973,for the sum of
SEVEN THOUSAND AND NO/HUNDRETHS DOLLARS ($7,000.00),per acre.
payable as hereinafter provided,a parcel of land owned by
Sellers located North of and adjoining Buyer's Wood River Sub
station in Blaine County,Idaho,said parcel having a four
hundred foot (400')frontage on Highway 93 and extending Easterly
seven hundred twenty-six feet (726')or to the foot of the bench.
at"--bhc—option-s>f—the-Buyer ,i|to a~lT~watfer and-wa:ter ;
rightST—d-Llie-hg-er;—di-tnch-Trirghlrs .1 thoreuhto—be-loiig-iHg-&7tr-irn^anyw-i-s-e
M,appertaining ./!
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The parties hereto agree that said property shall be
surveyed and the corners established by a licensed engineer.It
is further agreed that each party will pay one-half of the cost
of said survey.I
III
Sellers agree to deliver to Buyer on or before December
15,1973,a Warranty Deed to be prepared by Buyer,conveying good
•-¦-——.¦_.7 •-—.
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2
and merchantable title.free and clear from all liens and encum
brances,in and to the property described hereinabove,as surveyed,
and to execute any necessary assignments and documents for the
transfer of any rights in and to said property.
X ia"-VIV
Sellers agree to pay all taxes and assessments on the
property for the year 1972 and prior thereto.Taxes and assess
ments for the year 1973 shall be prorated by the parties as of
September 25,1973.Buyer assumes and agrees to pay all taxes
and assessments on the property after September 25,1973.
V
Buyer agrees to pay the sum of SEVEN THOUSAND AND NO/
HUNDRETHS DOLLARS ($7,000.00)per acre as surveyed as follows:
One Thousand and No/Hundreths Dollars ($1,000.00),(a)
upon the execution and delivery of the Warranty Deed as herein
above provided.
(b)The remaining purchase price after January 1,and
before January 15,1974.
VI
Sellers agree that they shall obtain at their sole
a policy of title insurance in the amount ofcostandexpense.
J.'the purchase price for the property,as surveyed,naming Idaho
Power Company as the insured,with a company duly qualified to
issue policies of title insurance in the State of Idaho.
VII
Sellers acknowledge that said property is being pur
chased by Buyer for the construction and operation of a 50 MW
3
oil or gas fired gas turbine electric generating station and
Sellers expressly agree that they shall not object or appear
against Buyer in any proceeding relating to rezoning of said
land or the issuance of construction or operating permits,or
bring any action against Buyer relating to the construction or
operation of said station.
VIII
THIS AGREEMENT and the provisions thereof shall be
binding upon the heirs,representatives,successors and assigns
of the parties hereto.
</X
Sellers
IDAHO POWER COMPANY,Buyer
'i'c"f ¦—nn
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Vice President
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(CORPORATE SEAL)
•ATfT^ST:
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~Secretary
TyC
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STATE OF CALIFORNIA )
)ss
County of
day of October,1973,before me,a
Notary Public,personally appeared ANTON A.BODNER and LISELOTTE
BODNER,husband and wife,known to me to be the persons who
executed the foregoing instrument and acknowledged to me that
they executed the same freely and voluntarily for the uses and
purposes therein mentioned.
On this
IN WITNESS WHEREOF,I have hereunto set my hand and
affixed my official seal,the day and year in this certificate
first above written.
\MkW/u ,angsus couNry 8
9341 Airport Blvd.,Los toggle <3a(ff,ggg/fg
STATE OF IDAHO )
O it\Notary Public
Residing at;
My Commission expires:J
)ss
County of Ada )
'ii'i day of October,1973,before me,a Notary
Air and JAMES E.BRUCE,
sworn,did say that they
are respectively the Vice President and the Secretary of the
corporation that executed the within instrument and acknowledged
to me that such corporation executed the same as the free act
and deed of said corporation.
On this
Public,personally appeared x_Zi-
to me personally known,who being duly
IN WITNESS WHEREOF,I have hereunto set my hand and
affixed my official seal,the day and year in this certificate
first above written.
^_•
"7 ">"5=4-7;v.
(NOTARIAL SEAL)Notaryj&ublic
Residing at:
My Commission expires:V*/-7£
EXHIBIT B
PROPERTY OWNERS WITHIN 300 FEET OF THE BOUNDARY
OF THE PROPERTY TO BE RECLASSIFIED
Anton A Bodner
18607 Calvert Street
Reseda,California 91335
Idaho State Highway Department
3311 West State Street
Boise,Idaho
Tom W Richmond
Hailey,Idaho
Del Panting
Hailey,Idaho
Mez McMurray
2058 Miller Avenue
Bur ley,Idaho
Dan Howarth
200 West Braemere Road
Boise,Idaho
Western National Corporation
1419 West Bannock Street
Boise,Idaho
Roscoe Bigler
Harold Valentine
5855 South Broadway
Los Angeles,California
Bill Schlunegger
Box 591
Hailey,Idaho
Glen G Withers
Hailey,Idaho
Rod Overfield
Ketchum,Idaho
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524
oarages uo\
m smmimtm,s&mim to is^eo poess*coupler,.its sscosssopjs i$&essichs,4$
S2L.ECtF.I-v Uoas,BjSWP i'la FG5?6H iMCinsi.
!M 11 Gtomm m ths wj,xgxw jin3 bp*3©of xis?s?8ss 0?sas vijllags
OF Mtt,BICJSt CCUSTf,I23S480,TB^Ti
Sfptibu 1,There is hereby granted to Id«sfce Stover Gm$myt suc
cessor#end uasi-sns {herein Celled the Orudisa),ri^t,priyiXovja oxf fren*
Chios until Rp.pt,r»^hP!r 1 r 1 007 .to cons true!,minte in s.~id operate in tha
present end future streets,alloys «&&public pieces in the YiHcy#at Xetobucs,
Blaine County,Idaho,and its successora,©leotrio light feud pores?linaa,together
with.ail the »e«e##»2*;e?deeirsbla aypnrtaasaees {including imdorsrsaad ooudaibs,
poluo,booere,wires,trancHisalon linen end tmlsgrAph &ad ielesshone lias*for
its 4*®use},for the P»r?o»*of osspplyin#elactrleity to »«id 7illas5»,the In
habitant#ihsreof and person#sad corporation#bsysaid the-limits thereof,for
light,heart,power s®4 othsr *#w?poss&a*
Section E*FoX.-iO and towers shall be Constructed in &good and wS»
sta&tiel rnaaw,w»d shall be »©rested as to interfere n»little as possible
with traffic orar street#n»&tXIeysu The location of poles,tower#sal eondulb#
shell b©fixed under the oapssprlsion ot the Bonrd of Tract oea of the TlHo»o,but
not 00 as to interfere unreasonably Mth the proper operation of the Srant««,s/-'
lis as.*
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Seettsn 3»She Grantee shall iad-ssssaify sad s«*e the "Village fca.xsalsa#
fra#say <snd ell sjepsas#or liability ehioh aay secant*to it by reason of the
eegli&scts*or aiseoaduefc of the Grants*in the coaatruotloa,operation or xsaia-
taaasce of its systoa hereunder*
Section 4+The Great ea stall file with the Clerk of the Board of ffruo*
toss of the Tillage sn «ue#*yfc«»ee la writing of this franchise,on or before
thirty dsya after the flasl puassg*hereof.
Section 5*Tfei»ordinance shell iefce offoat upon.approval by the Chair-
s<s»of the Board of •Srasteeo,soe«pt«aoo a#required herein,and puhlissi-isn *itM&
one csonth nfter its p&snauce*
F4SS32>by the 3o«rd of Tract see of the 7111&^a of S.etehua,31aina Ocwaty,
Xielo,this .„Pnft_.«»/
(oo^^'B s;^l)...«"!*
Qhniroioi ox the Board of Trustees
of the Tillsice Of SLetciasa.,Idaho,.,.TfI£T;
Jjnf liaaaa
Acting Oish-c of the Board of Trustee#of the
(.YlLhiao of K&bzinjsst,Idsho,