20041025_972.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
CO MMISSI 0 NER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:KEITH HESSING
DATE:OCTOBER 18, 2004
RE:CITY OF FRANKLIN MUNICIPAL FRANCHISE FEE - P ACIFICORP
TARIFF AD VI CE NO. 04-07.
On October 15 2004, PacifiCorp filed Tariff Advice No. 04-, which added a 30/0
municipal franchise fee for the City of Franklin to Tariff Sheet No. 300.2 effective November 15
2004. The Company s filing includes a copy of the city ordinance implementing the fee and a
copy ofPacifiCorp s acceptance of the fee. Under Section 6 of the ordinance, the franchise fee
took effect on October 1 , 2004.
Staff recommends that the Commission accept the tariff for filing.
i :udmemos/pactaO407 dm
DECISION MEMORANDUM OCTOBER 18 , 2004
825 E. Multnomah St.
Portland, OR 97232
. PACIFICORP
PACIFIC POWER UTAH POWER
October 15 2004
Idaho Public Utilities Commission
472 West Washington
Boise, ill 83702-5983
Attention:Jean D. Jewell
Commission Secretary
Re:Advice No. 04-
Schedule 300 - Regulation Charges
PacifiCorp (d.a. Utah Power & Light Company) hereby submits for electronic filing a proposed tariff
page associated with TariffI.P.C. No. 28 of Utah Power & Light Company applicable to electric
service in the State of Idaho. The Company respectfully requests an effective date of November 15 2004.
Eighteenth Revised Sheet No. 300.Schedule 300 Regulation Charges
The purpose of the filing is update Schedule 300 to comply with Electric Service Regulation No. 11 to
separately itemize and bill customers for applicable taxes in the area where the tax applies. The Company
is proposing that Schedule 300 be updated to include franchise taxes for the City of Franklin, Ordinance
No. 2004-811 , in the amount of3%. A copy of the ordinance is included in this filing.
It is respectfully requested that all formal correspondence and Staff requests regarding this filing be
addressed to:
Bye-mail (preferred):datarequest(0pacificorp. com
By regular mail:Data Request Response Center
PacifiCorp
825 NE Multnomah, Suite 800
Portland, Oregon, 97232
By fax:[phone]
Informal questions should be directed to Robin Cross at [phone].
Sincerely,
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D. Douglas Larson
Vice President, Regulation
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Enclosures " V'O"5O&
Proud Sponsor of the
200212004 U.S. Olympic Team
BlahIIJY!r
C. No. 28
Eighteenth Revised Sheet No. 300.
Cancels Seventeenth Revised Sheet No. 300.
ELECTRIC SERVICE SCHEDULE NO. 300 - Continued
Sheet No
9R.
Description
Security Deposit for New Service:
Residential and Small Commercial
Industrial and Large Commercial
10R.Reconnection Charges:
Monday through Friday except Holidays.
8:00 A.M. to 4:00 P.
4:00 P.M. to 7:00 P.
Weekends and Holidays
8:00 A.M. to 4:00 P.
10R.Tampering Unauthorized Reconnection Charge:
10R.Field Service Collection Charge:
11R.Taxes
Type of
Munici alit Tax or Fee Ordinance No.
City of Bloomington Franchise No. 1986-
City of Dubois Franchise No. 215
City of Paris Franchise No. 307
City of Rexburg Franchise No. 651
City of Rigby Franchise No. 394
City of Iona Franchise No. 40
City of Ririe Franchise No. 104
City of Arco Franchise No. 1997-
City of Firth Franchise No. 159
City of Mud Lake Franchise No. 60904
City of Sugar City Franchise No. 204
City of Franklin Franchise No. 2004-811
12R.Minimum Engineering Costs
Charge
Up to one sixth of estimated annual
billings.
Up to two months peak billings.
Amount of
Tax or Fee
10.
10.
$25.
$50.
$50.
$75.
$15.
$200
Date Ordinance
Adopted
July 1, 1986
February 10, 1983
February 6, 1984
October 1, 1994
July 17, 1984
June 22, 1989
December 31, 1990
January 1, 1997
March 14 2000
June 9, 2004
June 13, 1996
September 23, 2004 (N)
Submitted Under Advice No. 04-
ISSUED: October 15 , 2004 EFFECTIVE: November 15 2004
...
ORDINANCE NO. 2004-811
AN ORDINANCE GRANTING TO P ACIFICORP,
DOING BUSINESS AS UTAH POWER
ITS SUCCESSORS AND AS SIGNS, AN ELECTRIC LIGHT
AND POWER FRANCHISE
BE IT ORDERED 13Y THE CITY COUNCIL OF THE CITY OF FRANKLIN, IDAHO:
Section 1 . That there is hereby granted to PacifiCorp, doing business as Utah Power, its
successors and assigns (herein called the "Grantee ), the right, privilege, and franchise, until
October 1 , 2034 to construct, maintain, and operate in the present and
future streets, alleys, and public places in Franklin, Idaho, and its successors, electric light and
power lines, together with aU the necessary or desirable appurtenances (including underground
conduits, poles, towers, wires, transnUssion lines, and communication lines for its own use),
for the purpose of supplying electricity to said City, the inhabitants thereof, and persons and
corporations beyond the limits thereof for light, power, and other purposes.
Section 2. Poles and towers shall be so erected as to interfere as little as possible with
traffic over said streets and alleys.
Section 3 An lines constructed under this grant shall be constructed in accordance with
established practices with respect to electrical construction. The Grantee shall comply with all
City ordinances presently existing or as anlended :trom time to time.
Sec60n 4. The City shall in no way be liable or responsible for any accident or damage
that may occur in the construction, operation, or maintenance by the Grantee of its lines and
appurtenances hereunder, and the acceptance of this franchise shall be deemed an agreement
on the part of said Grantee, its successors and assigns, to indemnify said City and hold it
hannless against any and all liability, loss, cost, damage, or expense which may accrue to said
City by reason of the neglect, default or misconduct of the Grantee in the construction,
operation, and maintenance of its lines and appurtenances hereunder.
Section 5. The Grantee shall file its written acceptance of this franchise with the City
Clerk within thirty (30) days after its passage.
Section 6. This Ordinance assigned No. 2004-811 shall take effect as soon as it shall be
published or posted as required by law, deposited and recorded in the office of the City Clerk
and accepted as required herein.
Section 7. If any section, subsection, sentence, clause or paragraph of this Ordinance is for
any reason he1d to be unconstitutional, ,void, or Wllawful, such decision shall not affect the
remaining portions of this Ordinance.
Section 8.As a further consideration for this ftanchise, the grantee agrees to pay a sum
equal to- Thr-ee per~ent.'( 3, 0/0.) of .the gross revenue derived by the Grantee from the sale and
use of electrical power and energy within the corporate limits of the City of Franklin, Idaho.
The term "gross revenue" as used herein shall be construed to mean any revenue of the
Grantee derived from the sale and use of electric power and energy wi thin the municipal
boundaries of the City of Franklin after adjustment fOf the net write-off of uncollectible
accounts and colTections of bins theretofore rendered.
Within forty-five (45) days after the close of each quarter in each calendar year, the
Grantee shall file with the City Clerk of Franklin a report of such gross revenue for such
quarter. Such report shall contain a statement of gross revenue and any deductions made
because of adjustments or corrections as herein provided, together with a computation of the
amount to be paid. Coincidentally with the filing of such report, the Grantee shan pay to the
City Clerk the amount of the tax thus computed. Within thirty (30) days after the filing of
.. " '
such repo~ or within such reasonable additional rime as the City Clerk may request, the City
Clerk shaH examine such report, detennine the accuracy of the amounts reported and, if the
City Clerk finds any errors, report the same to the Grantee for correction; if the tax as paid be
found deficient, the Grantee shall promptly remit the difference and if the tax as paid be found
excessive, the City shall promptly refund the difference.The records of the Grantee
pertaining to such report shall be open for inspection by the Mayor or his duly authorized
representative at all reasonable hours for the purpose of verifying such report.
Passed by the City Council of the City of Franklin, Idaho this 23 day of
September , 2004.
Attest:
City Clerk
f5J1dll uJ~~
Robert WilkinsonMayor
, . .
A. Richard Walje
Executive Vice President One Utah Center
201 South Main Street, Suite 2300
Salt Lake City, UT 84111
[phone]
[phone] Fax
richard .tlJal j~pacificorp .com
'.
PACIFICORP
September 28, 2004
To the Honorable Mayor and
City. Council
Franklin, Idaho
Gen tl em en/Ladies:
PacifiCorp, doing business as Utah Power, hereby accepts the ordinance passed by
your Honorable Body on the 23rd of September, 2004, entitled:
If AN ORDINANCE GRANTING TO P ACIFICORP
DOING BUSINESS AS UTAH POWER
ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC LIGHT
AND POWER FRANCHISEIt
according to all its tenns and conditions and files this, its written acceptance, in
accordance with the requirements of said ordinance.
Very truly yours
P ACIFICORP, doing business as
UTAH POWER
By fi
~'"
A. Richard WaIje
Executive Vice President
WIThTESS:
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Proud Sporuor of che
2002/2004 U.s.OI~TQfII