20190701notice_of_comment_period_order_no_34365.pdf

Office of the Secretary
Service Date
July 1,2019
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE INVESTIGATION )CASE NO.ATL-E-18-01
OF ATLANTA POWER COMPANY )SERVICE AND CUSTOMER RELATIONS )NOTICE OF COMMENT PERIOD
)ON RECONSIDERATION
)ORDER NO.34365
On April 2,2019,the Commission ordered Atlanta Power Company ("AtlantaPower"
or "Company")to file past due statements of operating revenues,pay past due fees and interest,
and fined the Company $12,000 for six violations of the Idaho Public Utilities Law,specifically
violations of Idaho Code §§61-401,-610,-1001,and -1003.Order No.34296.
On May 10,2019,the Commission granted reconsideration of Order No.34296,and
suspended imposition of the $12,000 penalty as of the date the petition for reconsideration was
filed by Atlanta Power.Order No.34334.The Commission also ordered the Company to
participate in a settlement conference with interested parties regarding the possible sale of the
Company's assets,and ordered Commission Staff to file a report within 14 days of the settlement
conference apprising the Commission on progress.Id
On May 29,2019,Atlanta Power,Staff,and the Atlanta Electrical Consumers
Cooperative ("Co-Op")participated in a settlement conference.On June 12,2019,Staff filed a
Staff Report with the Commission.Staff noted that the Company and the Co-Op had both made
good faith efforts toward reaching an agreement.
In Order No.34334,the Commission also ordered the Company to file its statements
of gross intrastate operating revenue with the Commission,pay its past due regulatory assessments,
and provide current telephone numbers for an onsite operator and Company management.The
Company filed its statements of gross intrastate operatingrevenue for years 2016,2017,and 2018,
and paid its past due regulatory assessments within the timeline ordered by the Commission.The
Company stated all its customers know the onsite operator and how to contact him.
In granting reconsideration the Commission stated,"Upon receiving Staff's report ...
the Commission will issue an Order outliningnext steps in the reconsideration process,imposing
fines,or taking any other action the Commission finds reasonable based on the record before it at
NOTICE OF COMMENT PERIOD ON RECONSIDERATION
ORDER NO.34365 1
that time."Order No.34334 at 5.Now,the Commission issues this Notice of Comment Period
on Reconsiderationestablishing a comment period and a reply comment period.
NOTICE OF COMMENT PERIOD ON RECONSIDERATION
YOU ARE HEREBY NOTIFIED that the Commission requests comments on 1)
whether the fine was correctly imposed based on the findings of fact and conclusions of law in
Order No.34296;2)whether new facts have arisen since the Commission issued Order No.34296
that would make the fine no longer just and reasonable;and 3)if the fine was properly assessed
and continues to be just and reasonable,should the Commission make the full fine payableto the
state treasury to the credit of the general fund under Idaho Code §61-712 or should the
Commission seek to compromise the penalty under Idaho Code §61-712B?
YOU ARE FURTHER NOTIFIED that any party or member of the public desiring to
state a position on this matter may file a written comment with the Commission by no later than
July 18,2019.See IDAPA 31.01.01.332.All comments must contain a statement of reasons
supporting the comment.Written comments concerning this matter may be mailed to the
Commission and Company at the addresses reflected below:
Commission Secretary Israel Ray,Owner
Idaho Public Utilities Commission Atlanta Power
PO Box 83720 1275 Dolphin Way
Boise,ID 83720-0074 Fairbanks,Alaska 99709
Street Address for Express Mail:
472 W.Washington Street
Boise,ID 83702-5918
These comments should contain the case caption and case number shown on the first page of this
document.Persons desiring to submit comments via e-mail may do so by accessing the
Commission's home page located at www.puc.idaho.gov.Click the "Utility Case Comment or
Question Form"under the "Consumers"tab,and complete the form using the case number as it
appears on the front of this document.These comments must also be sent to the Company at the
address listed above.
YOU ARE FURTHER NOTIFIED that any party may file reply comments by no later
than July 25,2019.
NOTICE OF COMMENT PERIOD ON RECONSIDERATION
ORDER NO.34365 2
YOU ARE FURTHER NOTIFIED that if no written comments or protests are received
within the time limit set,the Commission will consider this matter on the record already before it.
ORDER
IT IS HEREBY ORDERED that parties and interested persons have until July 18,2019
to file written comments with the Commission,and until July 25,2019 to file reply comments with
the Commission.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this Ë
day of June 2019.
PAUL K LLAN ,PRESIDENT
ERIC ANDERSON,COMMISSIONER
ATTEST:
Diane M.Hanian
Commission Secretary
I:\Legal\ELECTRIC\ATL-E-18-01\Orders\ATLEl801Ntc Com Per _ej
NOTICE OF COMMENT PERIOD ON RECONSIDERATION
ORDER NO.34365 3