20091202notice_of_application_order_no_30956.pdf

Office of the Secretary
Service Date
December 2 2009
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF RAFT RIVER RURAL ELECTRIC CASE NO. Cll-09-
COOPERATIVE, INC. FOR AN ORDER
APPROVING AN ALLOCATION NOTICE OF APPLICATION
AGREEMENT BETWEEN RAFT RIVER
AND IDAHO POWER COMPANY NOTICE OF
PURSUANT TO THE ELECTRIC SUPPLIER MODIFIED PROCEDURE
STABILIZATION ACT
ORDER NO. 30956
On October 30, 2009, Raft River Rural Electric Cooperative filed an Application
seeking the Commission s approval of an "Allocation Agreement" between Raft River and Idaho
Power Company so Raft River may serve a customer located in Idaho Power s service territory.
Raft River is an electric cooperative operating in southeast Idaho. The Company s allocation
agreement to supply new service" is dated August 25, 2009, and was executed by Raft River
Idaho Power and the affected customer, Steve Benson. The Agreement is submitted for the
Commission s approval pursuant to the provisions of the Electric Supplier Stabilization Act
(ESSA) and specifically Idaho Code 9 61-333(1).
THE APPLICATION
YOU ARE HEREBY NOTIFIED that Raft River and Idaho Power agree "that it is in
the best interest of all involved for Raft River to provide power to Mr. Benson s property. . . .
Application at 1. Although Mr. Benson s property is located within the certificated service area
of Idaho Power, the two electric suppliers have agreed to allow Raft River to supply Mr.
Benson s property with new, three-phase electric service. The parties recognize that the
Agreement is not intended to modify the service territories of either Idaho Power or Raft River.
YOU ARE FURTHER NOTIFIED that Raft River asserts that the Agreement is
essentially a private agreement between the parties and has no significant implications for
regulatory law or policy(.J" Application at 1-2. Consequently, the parties request the
Commission summarily approve the Allocation Agreement. Id. at 2.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30956
THE ESSA
YOU ARE FURTHER NOTIFIED that Idaho Code 9 61-333(1) provides that electric
suppliers may contract for the purpose of "allocating territories, consumers, and future
consumers. . . and designating which territories and consumers are to be served by which
contracting electric supplier." Under the ESSA, both Raft River and Idaho Power are defined as
electric suppliers. Idaho Code 961-332A(4). After notice and opportunity for hearing, the
Commission is authorized to approve agreements allocating customers between electric suppliers
only upon finding that the allocation is in conformance with the purposes of the ESSA. Idaho
Code 961-333(1). As set out in Idaho Code 9 61-332(2), the purposes of the ESSA are to: (1)
discourage duplication of facilities; (2) prohibit "pirating" of consumers; (3) stabilize service
territories and consumers; and (4) promote harmony between electric suppliers.
STAFF RECOMMENDATION
Because the ESSA requires that the Commission review allocation agreements "after
notice and opportunity for hearing," the Staff recommends that this Application be processed
under Modified Procedure. Given the limited scope of this Agreement, Staff further
recommends that the comment period for Modified Procedure be shortened to 14 days.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has determined that the
public interest may not require a formal hearing in this matter and will proceed under Modified
Procedure pursuant to Rules 201 through 204 of the Idaho Public Utilities Commission s Rules
of Procedure IDAPA 31.01.01.201 through .204.The Commission notes that Modified
Procedure and written comments have proven to be an effective means for obtaining public input
and participation.
YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this
Application may file a written comment in support or opposition with the Commission within
fourteen (14) days from the service date ofthis Notice. The comment must contain a statement
of reasons supporting the comment. Persons desiring a hearing must specifically request a
hearing in their written comments. Written comments concerning this Application shall be
mailed to the Commission and the Applicant at the addresses reflected below:
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30956
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
Jerry R. Rigby
Rigby, Andrus & Rigby, Chartered
25 N. Second East
Rexburg, ID 83440
Mail: irigby~rex-law.com
Street Address for Express Mail:
472 W. Washington Street
Boise, ID 83702-5918
Barton L. Kline
Idaho Power Company
PO Box 70
Boise, ID 83707-0070
E-mail: bkline~idahopower.com
All 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 "Comments and Questions
icon and complete the comment form using the case number as it appears on the front of this
document. These comments must also be sent to the Applicants at the e-mail addresses listed
above.
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 its merits and
enter its Order without a formal hearing. Jf written comments are received within the time limit
set, the Commission will consider them and, in its discretion, may set the same for formal
hearing.
YOU ARE FURTHER NOTIFIED that the Application has been filed with the
Commission and is available for public inspection during regular business hours at the
Commission offices. The Application is also available on the Commission s web site at
www.puc.idaho.gov by clicking on "File Room" and then "Electric Cases.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission s jurisdiction under Title 61 of the Idaho Code and specifically
Idaho Code 99 6l-322A(4) and 61-333(1). The Commission may enter any final Order
consistent with its authority under Title 61.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commission s Rules of Procedure, IDAPA 31.01.01.000 et seq.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30956
ORDER
IT IS HEREBY ORDERED that this matter be processed under our Rules of
Modified Procedure. Persons interested in submitting comments on this Application may do so
within fourteen (14) days of the service date ofthis Order.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this :2.- tuR..
day of December 2009.
. KEMPTON, P SIDENT
MARSHA H. SMITH, COMMISSIONER
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MACK A. REDFORD, 0 'N1ISSIONER
ATTEST:
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D. Jewell
Commission Secretary
bls/O:CII-09-
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30956