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HomeMy WebLinkAbout20190716_DH1jo.pdfDECISION MEMORANDUM TO:COMMISSIONER KJELLANDER COMMISSIONER RAPER COMMISSIONER ANDERSON COMMISSION SECRETARY COMMISSION STAFF LEGAL FROM:DAYN HARDIE DEPUTY ATTORNEY GENERAL DATE:July 11,2019 SUBJECT:APPLICATION FOR APPROVAL OF THE SUNNYSIDE ASSETTRANSFERAGREEMENTBETWEENROCKYMOUNTAINPOWERANDTHECITYOFIDAHOFALLS;CASE NO.PAC-E-19-09. On June 24,2019,PacifiCorp dba Rocky Mountain Power ("Company")filed an Application requesting the Commission's approval of an Asset Purchase Agreement ("Asset Purchase Agreement")entered into between the Company and the City of Idaho Falls ("City"). The Company submitted its Application under Idaho Code §§61-328,61-333.The Company requests that the Application be processed by Modified Procedure. THE APPLICATION The Asset Purchase Agreement was submitted pursuant to the Service Allocation Agreement entered into by the Company and the City on October 9,2017.Application at 2,See Order No.33943.The Service Allocation Agreement provides the financial mechanisms for transfers of service territoryand the associated assets.Application at 2.Under the Asset Purchase Agreement,the Company will transfer electric distribution assets with a book value of $5,678 and the right to serve one (1)customer to the City.Application at 1,Exhibit A.In exchange,the City will compensate the Company for 167%of the customer's most recent 12-months electric bills, which in this case add up to $3,816.Application at 2,Exhibit B.Pursuant to the 2017 Service Allocation Agreement,the total amount to be paid to the Company by the City,including separation costs,legal/transactional costs,tax gross-up,and the above mentioned expenses,will be $9,440.Exhibit A. DECISION MEMORANDUM l STAFF RECOMMENDATION Idaho Code §61-328 states the Commission "shall issue a public notice and shall conduct a public hearing upon the Application"(emphasis added).To fulfill this statutory mandate,Staff recommends the Commission issue a Notice of Application,Notice of Modified Procedure,and Notice of Telephonic Hearing.Staff recommends a 21-day comment deadline,a seven (7)day Company reply comment deadline,and a telephonic public hearing scheduled before the Commission deliberates. COMMISSION DECISION Does the Commission wish to issue a Notice of Application,Notice of Modified Procedure, and a Notice of Telephonic Public Hearing with comments due within 21-days of the notice,reply comments due seven (7)days thereafter,and a telephonic public hearing before the Commission deliberates? Dayn Hardie Deputy AttorneyGeneral I:\Legal\ELECTRIC\PAC-E-19-09\memos\PACEl909dec memo_dh doc DECISION MEMORANDUM 2