20231221Application.pdf

Lance A. Loveland (ISB No.5787) PARSONS, SMITH, STONE, LOVELAND & SHIRLEY, LLP 137 West 13th Street
P.O. Box 910 Burley, Idaho 83318 Telephone: [phone]
[e-mail]
Attorney for United Electric Co-op, Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT
APPLICATION OF EAST END MUTUAL ELECTRIC COMPANY, LTD AND UNITED ELECTRIC CO-OP, INC., TO APPROVE A TERRITORY ALLOCATION AGREEMENT
Case No. IPC-E-23-XX
JOINT APPLICATION
East End Mutual Electric Company, LTD ("East End") and United Electric Co-op, Inc.
("United Electric"), in accordance with Idaho Code § 61-332, et seq., and RP 52, hereby
respectfully make application to the Idaho Public Utilities Commission ("Commission") for an
order approving the Territory Allocation Agreement ("Agreement") between East End and United
Electric Co-Op Inc. (hereinafter referred to as a "Party" or "Parties"). The Agreement is attached
to this Joint Application as Attachment 1.
In support of this Application, the Parties represent as follows:
I.BACKGROUND
United Electric and East End each own and operate electrical power systems that provide
electric service to customers in Southern Idaho. East End and United Electric currently have
specific service territories in accordance with the terms and conditions of Idaho Code 61-332, et
RECEIVED
2023 DECEMBER 21, 2023 10:20AM
IDAHO PUBLIC
UTILITIES COMMISSION
CASE NO. C15-E-23-02
seq., the Idaho Electric Supplier Stabilization Act ("the Act").
Aaron Hepworth ("Mr. Hepworth") owns a parcel ofland approximately 221.55 acres in
size, which is located within the service territory of East End. Mr. Hepworth wishes to receive
electric service for a new irrigation pump that will be constructed on the northeastern, portion of
such parcel of land consisting of approximately 26.90 acres, as identified in Section 1 below and
hereinafter referred to as the "Property." The new service would allow Mr. Hepworth to access
water from the Burley Irrigation District approved point of delivery.
East End currently has three phase power located near the west comer of the property,
approximately 2,750' west of Mr. Hepworth's requested service location. In order for East End to
serve the property with the necessary three phase power service, Mr. Hepworth would need to pay
to have East End's existing three phase distribution line extended for approximately 2,750'.
Mr. Hepworth's property is adjacent to United Electric's service area. United Electric has three
phase power approximately 200 feet from the desired irrigation pump's location and approved
point of delivery. Please see Attachment 2 to view maps illustrating the location of United
Electric' s lines, East End's lines, and the property.
It is less expensive for Mr. Hepworth to interconnect to United Electric's system for three­
phase service to the irrigation pump than it is to interconnect to East End's system for the same.
Mr. Hepworth also has one or more service accounts with United Electric.
II. TERRITORY ALLOCATION AGREEMENT
The Parties have entered into this Agreement to allow United Electric to provide three­
phase electric service to Aaron Hepworth at the following Property: The NE ¼ of the NE ¼,
Section 16 lying South and East of the Southside Canal, Township 9 South, Range 25 East of the
Boise Meridian, Cassia County, Idaho. Notwithstanding East End's right to be the sole provider
of electric service to the Property pursuant to Section 61-332C of the Act, by the Agreement, East
End agrees to allow United Electric the right to provide electric service to this Property.
The Parties believe that the Agreement benefits Mr. Hepworth with lower line extension
charges, will avoid duplication of facilities, and will avoid disputes between the Parties.
The Parties believe that a technical hearing is not necessary to consider the issues presented
herein and respectfully request that this Application be processed under Modified Procedure, i.e.,
by written submissions rather than by hearing. RP 201 et seq.
III. COMMUNICATIONS AND SERVICE OF PLEADINGS
Communications and service of pleadings with reference to this Application should be sent
to the following:
Randy Sneddon
East End Mutual Electric Company, LTD.
528 E Street
Rupert, Idaho 83350
[e-mail]
Lance A. Loveland
Attorney for United Electric Co-op, Inc.
P.O. Box 910
Burley, Idaho 83318
[e-mail]
IV.
Sam Andrew
United Electric Co-op, Inc.
1330 21st Street
Heyburn, Idaho 83336
[e-mail]
CONCLUSION
East End and United Electric respectfully request the Commission approve the Territory
Allocation Agreement to allow United Electric to extend its facilities to provide service to Mr.
Hepworth at the above-described Property.
DATED at Rupert, Idaho, this / I day of December 2023.
Randy Snedd
Manager for ast End Mutual Electric
Company, LTD.
Attorney for United Electric Co-op Inc
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the Kday of December 2023 I served a true
and correct copy of the within and foregoing JOINT APPLICATION upon the following
named parties by the method indicated below, and addressed to the following:
United Electric Co-op, Inc.
Lance A. Loveland
PARSONS, SMITH, STONE, LOVELAND
& SHIRLEY, LLP
137 West 13th Street
P.O. Box910
Burley, Idaho 83318
Sam Andrew, Staking Technician
United Electric Co-op, Inc.
1330 21 st Street
Heyburn, Idaho 83336
Customer
Aaron Hepworth
225 S 94 E
Burley, Idaho 83318
East End Mutual Electric Company, LTD.
Randy Sneddon
528 E Street
Rupert, Idaho 83350
Hand Delivered
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BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
CASE NO. IPC-E-23-XX
ATTACHMENT 1
TERRITORY ALLOCATION AGREEMENT
TERRITORY ALLOCATION AGREEMENT
This Territory Allocation Agreement ("Agreement") is entered into this __ day of
December 2023, by and among, United Electric Co-op, Inc., an Idaho cooperative
corporation (hereinafter"United Electric"), East End Mutual Electric Company, LTD., an
Idaho Non-Profit Corporation (hereinafter"East End") and Customer, Aaron Hepworth a
sole proprietor, located at Cassia County, Idaho (hereinafter "Customer").
RECITALS
A. United Electric and East End each own and operate electrical power systems that
provide electric service to customers in Southern Idaho.
B. East End and United Electric currently have specific service territories in
accordance with the terms and conditions of Idaho Code 61-332, et seq., the Idaho
Electric Supplier Stabilization Act ("the Act").
C. Customer owns approximately 221.55 acres located within the service territory of
East End and currently has residential and irrigation service accounts with United Electric.
The Customer has requested electrical service from United Electric to serve a new
irrigation pump that will be constructed on the northeastern, approximate 26.90 acre
portion of such parcel of land, as identified in Section 1 below and hereinafter referred to
as the "Property".
D. It is less expensiveforthe Customer to interconnectto United Electric's system for
three-phase service to the irrigation pump than it is to East End's system. The Customer
also has one or more service accounts with United Electric.
E. East End agrees to allow United Electric to provide electrical service to the
Customer's irrigation pump located at the Property and United Electric is willing to provide
electrical service to the Property.
NOW THEREFORE, it is mutually understood and agreed among the parties hereto as
follows:
1. Customer hereby confirms that it desires United Electric provide it with its three-
phase electric service needs at the following location, to wit:
TOWNSHIP 9 SOUTH, RANGE 25 EAST, OF THE BOISE
MERIDIAN, CASSIA COUNTY, IDAHO
Section 16:
The NE¼ of the NE¼ of said Section 16 lying South and
East of the Southside Canal.
2. Notwithstanding East End's right to be the sole provider of electric service to
Customer pursuantto Section 61-332C of the Act, by this Agreement, East End hereby
agrees to allow United Electric the right to provide electric service to this Property
pursuant to Idaho Code§ 61-333.
3. United Electric hereby agrees to provide electric service to the Customer's
Property identified in Section 1.
4. For purposes of th is Agreement, the electric service to be provided to the Property
by United Electric shall be deemed a "new service entrance" pursuant to the Act.
5. The rightto provide electric service to th is Property is deemed permanentand shall
not be modified unless mutually agreed upon by and between United Electric and East
End (or their successors in interest) or unless modified by statute.
6. Except for the change in electric service providers to this Property, no other
modification to East End and United Electric's present service territories is made or
intended by this Agreement.
7. This Agreement is subject to the approval of the Idaho Public Utilities Commission
("Commission"). In the event the Commission does not approve the territory allocation
and associated electric service rights described herein, this Agreement shall be void ab
initio.
Dated this 7 day of December, 2023.
~~:~H~h
Title: ?:Ce~~r)el6. ~
East End Mutual Electric Company, LTD.
By:---------Name: Randy Sneddon
Title: Manager
UNITED ELECTRIC
By:-------­
Name: -------Title: --------
2. Notwithstanding East End's right to be the sole provider of electric service to
Customer pursuant to Section 61-332C of the Act, by this Agreement, East End hereby
agrees to allow United Electric the right to provide electric service to this Property
pursuant to Idaho Code§ 61-333.
3. United Electric hereby agrees to provide electric service to the Customer's
Property identified in Section 1.
4. For purposes of this Agreement, the electric service to be provided to the Property
by United Electric shall be deemed a "new service entrance" pursuant to the Act.
5. The right to provide electric service to this Property is deemed permanent and shall
not be modified unless mutually agreed upon by and between United Electric and East
End (or their successors in interest) or unless modified by statute.
6. Except for the change in electric service providers to this Property, no other
modification to East End and United Electric's present service territories is made or
intended by this Agreement.
7. This Agreement is subject to the approval of the Idaho Public Utilities Commission
("Commission"). In the event the Commission does not approve the territory allocation
and associated electric service rights described herein, this Agreement shall be void ab
initio.
Dated this ~'~/ __ day of December, 2023.
CUSTOMER
By: ______ _
Name: Aaron Hepworth
Title: --------
East En ut I El ~tric/ s,ompany, LTD.
By: "--""----+------"'7f---rJ-.,-._:~--'---'--
Name: Ra Sneddon
Title: Manager
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
CASE NO. IPC-E-23-XX
ATTACHMENT 2
MAPS & LEGAL DESCRIPTION
EASTEND
EXISTING FACILITIES
Hepworth Property
A Portion of Cassia County Parcel RP09S25E160000
TOWNSHIP 9 SOUTH, RANGE 25 EAST, OF THE BOISE MERIDIAN,
CASSIA COUNTY, IDAHO
Section 16:
The NE¼ of the NE¼ of said Section 16 lying South and East of the
Southside Canal.