28763.mod.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

in the matter of THE PETITION FROM LLP POWER GENERATION, llc, FOR A DECLARATORY ORDER THAT IT IS NOT SUBJECT TO THE COMMISSION’S JURISDICTION. )
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) CASE NO. GNR-E-01-01

NOTICE OF PETITION

NOTICE OF MODIFIED PROCEDURE

ORDER NO. 28763

On June 22, 2001, LLP Power Generation, LLC (LLP) filed a Petition seeking a declaratory Order from the Commission pursuant to Rule 101, IDAPA 31.01.01.101. In particular, LLP requests the Commission determine whether the leasing of diesel-powered locomotive engines located in Idaho to generate power for the regional wholesale market would subject LLP to the Commission’s regulatory jurisdiction. Given the pressing need for additional generation in the western United States, LLP requests that the Commission process this request expeditiously under Modified Procedure.
NOTICE OF THE PETITION
As set out in the Petition, LLP is a limited liability company owned by Locomotive Leasing Partner, which is turn is owned by GATX Capital Corporation and the Electro-Motive Division of the General Motors Corporation. LLP is the owner of diesel-powered railroad locomotives, which it desires to lease to other individuals or entities (lessees). The lessees will, in turn, site the locomotives at various locations in Idaho to generate power for sale in the wholesale market. LLP states that each locomotive is capable of supplying approximately 1.8 MW.
LLP indicates that its sole activity will be the leasing of the equipment to others. Under the terms of the leases, LLP intends to exercise no control over issues such as siting, permitting, interconnection/transmission agreements, or the operation of the locomotives to generate power. Consequently, LLP requests that the Commission find that it would not be a public utility subject to public utility regulations under Idaho Code Title 61. LLP also requests that the declaratory ruling not be limited to a particular transaction or set of facts but be a “general Order determining that this type of activity does not subject the lessor to public utility regulation.” Petition at 2, ¶ 6. If the Commission determines that LLP is subject to public utility regulation, then it requests the Commission indicate what regulatory requirements must be met. Id.
NOTICE OF MODIFIED PROCEDURE
YOU ARE HEREBY NOTIFIED that procedural Rule 101 allows the Commission to issue declaratory rulings 31.01.01.101. Pursuant to Rule 101, persons seeking such a declaratory ruling must state the ruling that the Petitioner seeks, set out the factual allegations, and indicate the statute or other controlling law pertaining to the Petition. IDAPA 31.01.01.101.02. Rule 102 provides that the notice of the petition for a declaratory ruling will be issued to all effective utilities.
YOU ARE FURTHER NOTIFIED that the Commission finds that it is appropriate to process the Petition under Modified Procedure. 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. Given the need for additional generation in the western United States, the Commission also finds that there is good cause to seek comments on less than twenty-one days’ notice. IDAPA 31.01.01.202.02.
YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this Peition for a declaratory Order may file a written comment in support or opposition with the Commission within fourteen (14) days from the date of this 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 Petition shall be mailed to the Commission and the Petitioner at the addresses reflected below:
COMMISSION SECRETARY
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074

Street Address for Express Mail:

472 W WASHINGTON ST
BOISE, ID 83702-5983 RANDALL C. BUDGE
RACINE, OLSON, NYE, BUDGE & BAILEY
PO BOX 1391
POCATELLO, ID 83204-1391
All comments should contain the case caption and case number shown on the first page of this document.
YOU ARE FURTHER NOTIFIED that if no written comments are received within the time limit set, the Commission will consider this matter on its merits and enter its Order without a formal hearing. If 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 Petition has been filed with the Commission and is available for public inspection during regular business hours at the Commission offices.
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 that 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.
O R D E R
IT IS HEREBY ORDERED that this matter be processed under Modified Procedure. Interested persons are invited to submit written comments no later than fourteen (14) days from the date of this Order.

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this _______ day of June 2001.

PAUL KJELLANDER, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

vld/O:GNR-E-01-01_dh

NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 28763 4

Office of the Secretary
Service Date
June 29, 2001