20020717Answer of PacifiCorp.pdf

RECElvED
FILED O
S OT LE 101 S.Capito1 Boulevard.Suite 1900
Boise,Idaho 83702RIVESzmJUL\¯I PM 3:4 I .2os2s,,coo
ATTORNEYS AT LAW
MARY S.HOBSON
Direct [phone]
July 17,2002 [e-mail]
VIA HAND DELIVERY
Ms.Jean Jewell,Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise,ID 83720-0074
Re:Case No.GNR-E-02-04
ANSWER OF PACIFICORP
Dear Ms.Jewell:
Enclosed for filing with this Commission on behalf of Pacificorp is an original and seven (7)
copies of the Answer of Pacificorp regarding the Petition of Fall River Rural Electric
Cooperative,Inc.Regarding Service to Tracy Hall for the State of Idaho.
Please contact me if you have any questions concerning the enclosed.Thank you for your
assistance in this matter.
:blg
Enclosures
Oregon
Washington
California
Ut a h
Boise-144079.1 0029164-00016 I d a ho
CElVED O
John M.Eriksson
STOEL RIVEs LLP
201 South Main Street,Suite 1100
Salt Lake City,Utah 84111Telephone:[phone]Facsimile(801)578-6999
Mary S.Hobson
STOEL RIVEs LLP
101 South Capitol Blvd.,Suite 1900
Boise,ID 83702-5958
Tel:[phone]
Fax:[phone]
Attorneysfor PacifiCorp
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
In the Matter of the Petition of )
Fall River Rural Electric Cooperative,Inc.)CASE NO.GNR-E-02-04
Regarding Service to Tracy Hall )
)ANSWER OF PACIFICORP
Pursuant to I.P.U.C.R.P.57,PacifiCorp,doing business as Utah Power &Light
Company ("PacifiCorp"),submits the followinganswer to the Petition filed by Fall River
Rural Electric Cooperative,Inc.("Fall River")in this matter.
ANSWER
1.On information and belief,PacifiCorp admits the allegations of the Petition.
2.PacifiCorp does not oppose Fall River's Petition.
DISCUSSION
3.In the latter part of 2001,Fall River connected electric service to the residence
of Tracy Hall.Both PacifiCorp and Fall River have existing service lines (as defined in I.C.
§61-332A(11).
ANSWER OF PACIFICORP -1
4.Idaho Code §61-332C(1)(c)provides that:
If more than one (1)electric supplier has an existing
service line within one thousand three hundred twenty
(1,320)feet of the new service entrance the electric
supplier whose existing service line is nearest the new
service entrance shall have the right to serve the
consumer at the new service entrance.
An existing service line is defined as:
any electric service line in existence at the time of the
event in question and constructed to supply a consumer
that could be lawfullyserved by that electric supplier
under this act.It shall not mean any service line
constructed to obtain an advantage under this act,or to
evade its purpose or terms.
I.C.§61-332A(ll).
Further,a "service line"means "any single or multi-phase electric line of an electric supplier
used for carrying less than sixty-nine(69)KV and used or capable of use to provide electric
service for a consumer."I.C.§61-332A(10).
5.It is PacifiCorp's understanding that Fall River measured the distance from the
Hall residence to the nearest point of the service drop of another consumer served by Fall
River,rather than to the nearest point on Fall River's distribution facilities from which service
could be provided to the Hall residence.PacifiCorp,rather than Fall River,had the nearest
existing service line (a 12.5 kilovolt distribution line)from which service could be provided to
the Hall residence.As stated in the Petition,under such circumstances,PacifiCorp would have
been the electric service supplier with the right to serve the Hall residence.I.C.§61-
332C(1)(c).
ANSWER OF PACIFICORP -2
6.It is PacifiCorp's understanding that Fall River's determination regarding its
right to serve the Hall residence was an honest mistake,and that it now agrees that the proper
point for measurement should have been its distribution line rather than the nearest point of the
service drop to another customer.
7.PacifiCorp understands Fall River's Petition to be a Petition filed under I.C.
§61-334B for an exception to I.C.§61-332C(1)(c).Given the circumstances of this case,
includingFall River's honest mistake in its interpretation of what was the nearest "existing
service line,"and the fact that service to the Hall residence has been installed,PacifiCorp does
not oppose Fall River's Petition.PacifiCorp does not believe Fall River intended to "pitate"
customers from PacifiCorp.
DATED this 17*day of July,2002.
Stoel Rives LLP
Of Attorneys for PacifiCorp
ANSWER OF PACIFICORP -3
CERTIFICATE OF SERVICE
I hereby certify that on this 17*day of July,2002,I caused to be served,via U.S.mail,
postage prepaid,a true and correct copy of the foregoing Answer of PacifiCorp to the
following:
Dee M.Reynolds
General Manager
Fall River Rural Electric Cooperative,Inc.
1150 North 3400 East
Ashton,ID 83420
Weldon Stutzman
Deputy AttorneyGeneral
Idaho Public Utilities Commission
472 West Washington Street /
P.O.Box 83720
Boise,ID 83720-0074
Brandi L.Gearhart
Legal Secretary to Mary S.Hobson
Stoel Rives LLP
ANSWER OF PACIFICORP -4