20180914PAC to Staff ID Falls Letter Attach 11.pdf

Daniel Solander 1407 West North Temple, Suite 110, Salt Lake City, Utah 84116
Senior Attorney Office: (801) 220-401 Cell: [phone] Fax: [phone]

May 29, 2018

Randall D. Fife
City Attorney
P.O. Box 50220
375 “D” Street
Idaho Falls, Idaho 83402
Via Federal Express

RE: Notice and Order to Vacate Construction Zone

Dear Randy:

Rocky Mountain Power has received your Notice and Order to Vacate Construction Zone, and your
accompanying email. We want to emphasize that we are not contesting the City of Idaho Falls’ authority, as
discussed in your May 14, 2018, letter, and also that the company is committed to working with the City with
respect to the removal of the facilities. We do not believe that we have any disagreement with the City; we just
need our customers to be fairly compensated by the developer for the removal.

While the Ada County Highway District v. Idaho Public Utilities Comm’n case you discussed in your letter did
confirm that the highway district has jurisdiction over public rights of way under its control, the Court
specifically did not rule that a third party would not be responsible for the relocation costs when the relocation
is for its benefit. In fact, there is abundant case law that specifically states that third parties are responsible for
the relocation costs when the relocation is necessary because of their actions or for their economic benefit.

Rocky Mountain Power would like to move forward with discussions regarding the relocation costs with you
and the developer. We are available anytime for a conference call, and we would hope that we can resolve this
without further problems or the need for litigation.

Please contact me at [phone] or Heidi Gordon at [phone] to discuss at your earliest convenience.

Sincerely,

Daniel Solander
Senior Attorney
PacifiCorp

cc: Heidi Gordon
Tim Solomon
Justin Allen
Jeff Richards