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HomeMy WebLinkAbout20230328_INT_TariffAdvice2301_ct.pdfDECISION MEMORANDUM TO:COMMISSIONER ANDERSON COMMISSIONER HAMMOND COMMISSIONER LODGE COMMISSION SECRETARY COMMISSION STAFF LEGAL FROM:CURTIS THADEN CLAIRE SHARP,DEPUTY ATTORNEY GENERAL DATE:MARCH 28,2023 RE:IN THE MATTER OF INTERMOUNTAIN GAS COMPANY TARIFF ADVICE NO.23-01;REVISION TO RATE SCHEDULE FT (FRANCHISE FEEITAX ADJUSTMENT) BACKGROUND On March 2,2023,Intermountain Gas Company ("Company")submitted Tariff Advice No.23-01 to revise Rate Schedule FT (Franchise Fee/Tax Adjustment),Sheet No.15,to reflect a new ordinance number for the City of Kuna.The existing three percent franchise fee remains unchanged.The new agreement will remain in effect for thirty (30)years from the effective date,unless amended in the manner set forth in Ordinance No.2023-05.Copies of the 1) Ordinance,which sets forth the City Franchise Agreement with the Company,and 2)a copy of the proposed revision to Sheet No.15 is attached. The proposed franchise fee agreement was approved by the City of Kuna on February 21, 2023,as authorized in the attached City of Kuna Ordinance No.2023-05.The agreement was accepted by the Company on January 31,2023. Idaho Code §50-329A allows cities to establish franchise fees assessed upon a public service provider up to one percent without the consent of the public service provider or the approval of a majority of voters of the city voting on the question at an election.Franchise fees up to three percent are allowed with the consent of the public service provider or the approval of a majority of voters of the city voting on the question at an election. DECISION MEMORANDUM -1 -MARCH 28,2023 STAFF ANAYLSIS AND RECOMMENDATION Staff has reviewed the proposed tariff change,the franchise agreements,and the franchise fee requirements under ldaho Code §50-329A.Staffrecommends that the Commission accept the Company's proposed revision to Rate Schedule FT (Franchise Fee/Tax Adjustment),Sheet No.15, as filed.Because Idaho Code §50-329A is self-executing,franchise fees are to be "accepted for filing"rather than "approved."Staffrecommends an effective date of April 1,2023,and the Company agrees. COMMISSION DECISION Does the Commission wish to accept Intermountain Gas Company's proposed revision to Rate Schedule FT (Franchise Fee/Tax Adjustment),Sheet No.15,as filed,with an effective date of April 1,2023? Curtis Thaden Udmemos/TA-23-01 Decision Memo DECISION MEMORANDUM -2 -MARCH 28,2023