unitedapp.pdf

William A. Parsons
PARSONS SMITH & STONE LLP
137 West 13th Street
P.O. Box 910
Burley, Idaho 83318
208.878.8382
208.878.0146 (fax)

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION
OF UNITED ELECTRIC CO-OP INC., FOR
APPROVAL OF AN AGREEMENT
PURSUANT TO IDAHO CODE 61-333
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Case No. GNR-E-02-3

APPLICATION AND REQUEST
FOR MODIFIED PROCEDURE

United Electric Co-Op Inc. (United), hereby applies to the Commission for approval of an
agreement pursuant to Idaho Code 61-333, and in support thereof respectfully shows as follows:
I.
United is an Idaho corporation and is a cooperative electrical supplier within the meaning
of Idaho Code 61-332A(2), (4). United provides electric service to its members in Minidoka and
Cassia Counties, Idaho and has its principal place of business at: 1330 21st Street, Heyburn ID
83338.
II.
The City of Heyburn (Heyburn) is an Idaho municipal corporation situated in Minidoka
County, Idaho and is a municipality within the meaning of Idaho Code 61-332A(3). For many
years Heyburn has owned and operated an electric distribution system providing service to
residents of the city. It serves approximately 1300 customers.
III.
Heyburn has determined that the best interests of it citizens would be served by
transferring its electric distribution system to United. After the transfer Heyburn would cease
APPLICATION AND REQUEST FOR MODIFIED PROCEDURE Page 1
providing electric service and United would provide service to all of Heyburn’s current and future
customers.
IV.
To effectuate the transfer the City of Heyburn issued a Request For Proposals on or about
January 28, 2002. United submitted a Purchase Proposal for the City of Heyburn Electrical
Distribution System. Heyburn accepted United’s proposal with certain minor modifications. The
parties are currently negotiating the details of a definitive agreement.
V.
The transfer is in the public interest as United has the ability to provide safe, reliable and
economic service to the residents of Heyburn. Further, the agreement promotes harmony among
and between electric suppliers furnishing electricity within the state, discourages duplication of
electric facilities and stabilizes the territories and consumers served with electricity. Heyburn and
United have had and do have a Territory Agreement that has been operative for a number of years.
A copy of the territory map is attached as Exhibit A (United is designated as “Rural” on said map.
Rural is now known as United, by consolidation with Unity Light and Power, effective January 1,
1998). No other territories of utilities are affected by the proposed transfer by Heyburn to United.
VI.
United believes the public interest does not require a hearing to consider the issues
presented by this Application and requests that the matter be processed by modified procedure
pursuant to IPUCRP 201. Further, in order to finalize the transaction in an expeditious manner,
United requests that the comment period be shortened to 14 days from the date of the
Commission’s notice.
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VII.
United will be represented in the matter by, and all pleadings and notices should be served
upon:

William Parsons
PARSONS SMITH & STONE LLP
137 West 13th Street
P.O. Box 910
Burley, Idaho 83318

With a copy to:

Steven A. Tuft
TUFT LAW OFFICE, P.A.
P.O. Box 759
Burley, Idaho 83318
Heyburn City Attorney

WHEREFORE United respectfully requests:
1. That the Commission determine this matter may be processed under modified
procedure.
2. That the Commission issue its notice of modified procedure with a 14 day comment
period.
3. That the agreement for transfer of the Heyburn system and its customers to United be
approved based upon the requirements of Idaho Code 61-333 to be effective upon final
consummation of the sale by Heyburn to United.
4. That United shall file with the Commission Secretary a copy of the final transfer
agreement upon its execution and voter approval by the Heyburn residents and approval of the
Board of Directors of United.
5. For such other and further relief as is appropriate in the circumstance.
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DATED this 6th day of May, 2002
PARSONS SMITH & STONE LLP

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William A. Parsons