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825 N.E MuItnomah
Portland, Oregon 97232
(503) 813-5000
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PACIFIC POWER UTAH POWER
June 17, 2003
Jean Jewell, Commission Secretary
Idaho Public Utilities Commission
472 W. Washington
Boise, ID 83702-5983
RE:Idaho Case No. PAC-03-, Del Ray Holm vs. PacifiCorp
IPUC Data Requests 1-
Enclosed please find an original and one copy ofPacifiCorp s Responses to IPUC'
Data Requests 1-7. All of the responses have been prepared and sponsored by Rob
Stewart, Regulatory Consultant, in consultation with counsel, John Erikkson. If you have
any questions, please call Carole Rockney at (503) 813-7408.
Sincerely,
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Carole Rockney
Director, Regulation
Enclosures
cc Service List
CERTIFICATE OF SERVICE
I hereby certify that I caused the foregoing document to be served on the
following named person(s) on the date indicated below by mailing to said person(s) a true
copy thereof, contained in a sealed envelope, addressed to said person(s) at their last
known addressees) indicated below.
Robert C. Huntley
Huntley Park LLP
PO Box 2188
Boise, ID 83701
Del Ray Holm
2725 E 500 N
Reberts, ID 83444
John Erikkson
Stoel Rives
1 Utah Center, Suite 1100
201 S Main St
Salt Lake City, UT 84111
D Douglas Larson
VP Regulation, PacifiCorp
1 Utah Center, Suite 2300
201 S Main St
Salt Lake City, UT 8 111
Mark Tucker
Regulatory Filing Coordinator
Dated: June 17 2003
P AC-03- 7/PacifiCorp
June 17, 2003
IPUC I st Set Data Request
IPUC Data Request 1
Please explain the Company s reasons (other than the approved tariff prohibits it)
for prohibiting customers from hiring their own contractors to perform relocations
and/or alterations of electrical distribution facilities
Response to IPUC Data Request 1
There are several reasons customers should not have the option to perform
relocations or alterations of electrical distribution facilities. One reason is the
safety and liability issues, discussed in responses to Requests 2 and 3. Also
allowing such an option can lead to problems with respect to the Company
ability to meet its service obligations. For instance, if a customer is performing
relocation or alteration work and causes a service outage, other customers will
likely look to PacifiCorp regarding that outage. Similarly, a customer may want
to perform an alteration or relocation of a line, serving another seasonal customer
during the "off season." Ifthe customer does not complete the work in time, it
will be PacifiCorp that would be subject to a claim of not meeting its service
obligation to the seasonal customer. (The Company recently had a request ofthis
nature in Utah.) Further, additional administrative burdens would result from
allowing that option, not only in the form of administering contracts providing for
the customer-built relocations or alterations, but also in dealing with the types of
complaints raised in this case. Neither the Company, nor the Commission, should
be burdened with complaints regarding the Company s construction and
equipment specifications, which would likely result from allowing customers
additional customer-built options.
This response was prepared by Rob Stewart, Regulatory Consultant, in
consultation with counsel, John Erikkson.
P AC-03- 7/PacifiCorp
June 17, 2003
IPUC 1 st Set Data Request 2
IPUC Data Request 2
Does PacifiCorp believe there is any different safety risk associated with
contractors constructing new facilities as opposed to performing relocations
and/or alterations? If yes, please explain. Please provide copies of any studies
articles or reports that the Company has reviewed or relied on in its assessment of
safety risk.
Response to IPUC Data Request 2
Yes. Working within proximity of energized power lines is a clear safety risk.
Hand digging is required within 2 feet of an insulated buried line. Idaho
overhead line safety act (Chapter 24, Title 55, Idaho Code) limits contractors from
working within 10 feet of a standard distribution line. Though not all relocations
require such work, many do. The safety risk and potential for liability claims
resulting from electrical contact that could occur by qualified or non-qualified
individuals who are working under the direction of an applicant, but to build a
facility for the Company, would be higher for relocations and alterations simply
by virtue of the fact that more of that work would be in closer proximity to
energized facilities than is the case with construction of new line extensions.
As currently applied applicant build lines are for new facilities that extend where
there are no Company facilities, thus avoiding work in proximity of Company
facilities.
This response was prepared by Rob Stewart, Regulatory Consultant, in
consultation with counsel, John Erikkson.
P AC-03- 7/PacifiCorp
June 17, 2003
IPUC 1 st Set Data Request 3
IPUC Data Request 3
Does PacifiCorp believe there is any different liability associated with contractors
constructing new facilities as sopposed to performing relocations and/or
alterations? If yes, please explain. Please provide copies of any studies, articles or
reports that the Company has reviewed or relied on in its assessment ofliability.
Response to IPUC Data Request 3
Yes. Please see the response to request no. 2. There is also the potential for
claims against the Company due to failure to provide service, as described in
response to Request No.1. At a minimum, in addition to connecting the new line
to the electrical grid, relocations or alterations have the additional needs of de-
energizing the old line, switching the load from the old line to the new line, and
removal of the old line. This additional work requires additional coordination
and thus greater exposure to coordination problems and subsequent complaints as
well as potential liability.
This response was prepared by Rob Stewart, Regulatory Consultant, in
consultation with counsel, John Erikkson.
P AC-03- 7/PacifiCorp
June 17, 2003
IPUC 1 st Set Data Request 4
IPUC Data Request 4
Is there a protocol that could be established to de-energize existing facilities
permit applicant-hired contractors to perform relocations and/or alterations, then
to re-energize facilities?
Response to IPUC Data Request 4
The Company is not aware of such a protocol, and does not believe it would be
reasonable to pursue such a protocol. See responses to Request Nos. 2 and 3.
This response was prepared by Rob Stewart, Regulatory Consultant, in
consultation with counsel, John Erikkson.
P AC-03- 7/PacifiCorp
June 17 2003
IPUC 1 5t Set Data Request 5
IPUC Data Request 5
Are applicant-hired contractors ever allowed to energize, de-energize or perform
work on energized lines? If yes, please explain the circumstances.
Response to IPUC Data Request 5
No.
This response was prepared by Rob Stewart, Regulatory Consultant, in
consultation with counsel, John Erikkson.
P AC-03- 7/PacifiCorp
June 17, 2003
IPUC 1 st Set Data Request 6
IPUC Data Request 6
From PacifiCorp s perspective, are there any differences in the engineering,
specifications, inspection or administration required for applicant-built new
facilities as opposed to applicant-hired contractors performing relocations and/or
alterations (if permitted in the tariff)?
Response to IPUC Data Request 6
Yes.
As to engineering and specifications, PacifiCorp does not alter design based on
who is anticipated to perform the construction of a line, nor does it anticipate
doing so. Engineering and specifications - Section Al of the applicant built line
contract states that PacifiCorp designs the extension. This design is the same
whether built by an applicant or PacifiCorp, and the same should hold true for
applicant-built alterations/relocations.
From PacifiCorp s perspective, due the potential safety, liability and operational
conflict issues, the inspection and administration required for an applicant
relocation and/or alteration would be much greater than for applicant-build new
construction.
One reason the administrative burden is increased is due to the fact that there is a
salvage credit. If the applicant performs the removal, inspections, delivery of
salvaged materials and potential damage assessment becomes an issue.
Company removes the facilities, coordination becomes an issue. The more
coordination required the greater the difficulty in estimating the costs of
PacifiCorp supplied labor and time.
This response was prepared by Rob Stewart, Regulatory Consultant, in
consultation with counsel, John Erikkson.
P AC-03- 7/PacifiCorp
June 17 2003
IPUC 1 st Set Data Request 7
IPUC Data Request 7
Does PacifiCorp believe that any contractor hired for an applicant-built line could
also perform a relocation or alteration of existing facilities, or are there
differences in the required qualifications?
Response to IPUC Data Request 7
Yes, there are differences in the required qualifications.
For applicant-built lines the applicant or the contractor for the applicant must
obtain a general liability insurance policy for a minimum of $1 ,000 000, and
supply a certificate naming the Company as an "additionally insured". No specific
contractor requirements beyond that are required. In addition inspections by
qualified Company personnel are required to insure that the work meets quality
standards.
For relocations or alteration of existing facilities (requiring work on energized
facilities or in proximity to energized facilities) all workers must be journeymen
linemen. Apprentice linemen may be included under the programs established for
apprenticeships. Additionally if they are working for a contractor there are
additional contractual indemnity and insurance requirements, above and beyond
those required for applicant built line applicants.
This response was prepared by Rob Stewart, Regulatory Consultant, in
consultation with counsel, John Erikkson.