20170814_Daphne3.pdf

DECISION MEMORANDUM 1
DECISION MEMORANDUM

TO: COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF

FROM: DAPHNE HUANG
DEPUTY ATTORNEY GENERAL

DATE: AUGUST 9, 2017

SUBJECT: IDAHO POWER’S REQUEST TO RELEASE TRANSMISSION LINE
EASEMENT

On July 21, 2017, Idaho Power notified the Commission via letter that it recently
released a transmission line easement it acquired in 1995 in Ada County, Idaho. Idaho Power
indicated that the release of easement “is not a land sale, [but] Idaho Power did receive
compensation for the release and wishes to inform the Commission of the transaction and the
Company’s internal accounting for the transaction.” The letter sought confirmation from the
Commission that Idaho Code § 61-328 would not apply to this easement release.
Section 61-328 requires that electric utilities obtain the Commission’s approval for
the sale or transfer of property in Idaho “which is used in the generation, transmission,
distribution or supply of electric power and energy to the public.” The Company stated that it
acquired the easement at issue in December 1995 for Transmission Line 456. However, “the
designated route for the transmission line was subsequently moved to the east, and as a result . . .
was “stranded” on the property, with no connecting easements to allow for future transmission
line development.” Given the circumstances, the Company does not believe the release of
easement falls under Section 61-328.
STAFF ANALYSIS
Staff agrees with Idaho Power’s assessment in its letter. The release of easement,
although for compensation, involved property that was never “used in the generation,
transmission, distribution or supply of electric power and energy to the public,” as set forth in
Section 61-328.
DECISION MEMORANDUM 2
STAFF RECOMMENDATION
Staff recommends that the Commission confirm that Idaho Code § 61-328 does not
apply, as a consent item in its decision meeting. Staff further recommends that the Commission
instruct Staff counsel to advise the utility by letter of its decision.
COMMISSION DECISION
Does the Commission agree that Idaho Code § 61-328 does not apply to the release of
easement, and if so, does the Commission wish to direct Staff counsel to so advise the utility by
letter?

M:Idaho Power Easement_djh