20030620Application.pdf

William A. Parsons
PARSONS, SMITH & STONE, LLP
137 West 13th Street
P. O. Box 910
Burley, Id 83318
Telephone: [phone]Fax: [phone]
Attorneys for United Electric Co-op, Inc.
(U N ITED\Application Bu rley North. wpd)
R. C. Stone
PARSONS, SMITH & STONE, LLP
137 West 13th Street
P. O. Box 910
Burley, Id 83318
Telephone: [phone]Fax: [phone]
Attorneys for City of Burley
nECEIVED
F i\J: 0
f71
" -
1....,
rn H 1 ?I\~9: 02t.
", '" .~.
1j ~
. i ii .~c i'l/.!(~C"1\- IIL0 vV I I.,"~
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
----------------------------------------------------------
In the Matter of the Application of
United Electric Co-op, Inc. and
the City of Burley for an Order
Approving a Service Territory
Agreement between the Applicants.
~ Case No. (;,/tlf- f. -&;).1(/
APPLICATION
-- --- -- -- ------ -- -- --- -- -- --- -- --- -- -- -- --- -- --- -- -- -- - ---
Pursuant to Rule 51 of the IPUCRP , and Idaho Code ~ 61-333, United Electric
Co-op, Inc. ("United") and City of Burley ("Burley ) respectfully apply for Commission
approval of a Service Territory Agreement between United and Burley on the grounds
and for the following reasons:
APPLICATION - 1
On December 8 , 2000, the Idaho Legislature, meeting in special session
amended the Idaho Electric Supplier Stabilization Act, ~~ 61-332 through 61-334B of the
Idaho Code. Idaho Code ~ 61-333 provides that any electric supplier may contract in
writing with another electric supplier for the purpose of allocating territories , consumers
and future consumers between electric suppliers and designating which territories and
consumers are to be served by which contracting electric supplier. The statute further
provides that the Commission shall, after notice and hearing review and approve or
reject such contracts between electric suppliers. This joint Application is filed with the
Commission for approval. Approval of the Commission of Service Territory Agreements
is necessary to comply with the purposes of the Electric Supplier Stabilization Act.
The Petitioners have for some time had Territory Agreements between
them , United as successor in interest to Unity Light and Power and Rural Electric. Such
Agreements predated the amendment to Idaho Code ~ 61-333 , and therefore United and
Burley seek approval of the Commission of the existing Territory Agreements and
Amendments thereto. Copies of the Agreements and Amendments are attached as
Exhibits 1 , 2 and 3.
The Agreements were negotiated between the parties in order to settle a
service territory between the parties , provide for stability of service with consumers , to
eliminate duplicating of services and to provide safety in the respective territories.
For the foregoing reasons and to fulfill the requirements of Idaho Code
333 United and Burley request the Commission, after notice and hearing, approval of
the Agreements pursuant to law.
APPLICATION - 2
DATED this day of IVE-
APPLICATION - 3
2003.
PARSONS, SMITH & STONE, LLP
utLa
William A. Parsons
Attorneys for United
137 West 13th Street
P. O. Box 910
Burley, Idaho 83318
PARSONS, SMITH & STONE , LLP
R. C. Stone
Attorneys for City of Burley
137 West 13th Street
P. O. Box 910
Burley, Idaho 83318
...
between
TERRI~ORY SERVICE AGREEMENT
AGaEEMEN~'. made this :1/-L-day of
)--
. 1985,
THE CITY OF BURLEY, IDAHO, ("Bur ley ), and UUITY LIGHT AND
POWER COMPfu~Y, a corporation,Unity
) .
RECITALS :,. The parties recite and declare:
1.1.Unity and Burley each own and operate an
electrical distribution ~yst~m in Cassia . County, Idaho.The
utilities are generally contiguous and adjacent on the South, East
and West boundaries of Burley except that there are certain
existing c~stomers of Unity located within the corporate limits of
Burley ("Existing Customers
Neither Burley nor Unity are regulated by the
Idaho Public Utili ties Commission nor are there any other regulatory
agencies that regulate service territory of the respective utilities,
however, Idaho Code 61-333 authorizes territorial agreements
between utilities.
1. 3.It is the opinion of Bur ley and Unity acting
through the City Council and Board of Directors that the laws
applicable to territory j urisciction are unclear and ambiguous and
as such Unity and Burley de3ire to enter into an agreement rela-
tive to service territory as the same is applicable to their
common territorial boundaries, as authorized by Idaho Code 61-333.
1. 4.Burley and Unity further believe that a terri-
torial agreement is in the best interest of potential customers,
future planning, efficiency, and economy of service.
NOW, THEREFORE, in consideration of the Recitals, the
covenants, conditions, the agreements herein contained, the
authorization of the law (Idaho Code 61-333), the benefits to be
Exhibit 1
to Application - United/City of Burley
South Side
cierived by eaCH of the utilities Unity and Burley agree:
TERRITORY MAP:Attached to this agreement as
Exhibit I is a map outlining the territories in which each utility
. shall, with the exception of the Existing Customers, in the future
serve.The territories are illustrated on the map as follows:
. .,., .-.,..,.. ."-,,....,' , ,..
Burley Territory
Wi thin heavy black lines on Exhibit
. 2.Unity Territory..
Outside of heavy black lines on Exhibit
MODIFICATION AND ENTIRE AGREEMENT:Th~s agreement
constitutes the entire understanding of Unity and Burley and all
prior negotiations are deemed merged herein.~hi~ agreement may
only be modified in writing executed by the duly authorized
officials of Burley and the officers of Unity.Until any modi-
fication be executed, this agreement shall remain in full force
and effect.
UNITY TE~qITORY:Unity shall be entitled' to serve
all Customers and future Customers within the area illustrated on
the map as the Unity Terri tory, and Existing Customers wi thin
Burley as provided in Paragraph
BURLEY TERRITORY:Wi th the exception of Existing
Customers, Burley shall be entitled to serve all current and
future customers wi thin the territory designated as the Burley
Territory on the map.
EXISTING CUSTOMERS:As illustrated on the Exhibit 2 &2A
attached to this agreement there are certain Existing Customers of
Uni ty wi thin Burley.Unity may maintain these Customers for so
long as it desires and the same shall be considered exceptions to
this Terri tl Agreement.If the Custon~rs ~nd Unity terminate
their relationship as the same now exists with electrical service
by Unity to the Customer , then in such event the Customer shall
become part of the Burley Terri tory and serve electrical energy
accordingly.
AUTHORITY:This agreement has been executed by
Burley and Unity pursuant to ac~ions of the City Council and th~
Board of Directors a t rn~etings duly held.The officers of Unity
and the officials of Burley have been duly authorized to execute
this agreem.ent.
RECORDING: 0 A copy of this agreement shall be
recorded in the office of the County Recorder, County '
of Cassia, . 0
State of Idaho.
SERVICE OF EACH UTILITY:Notwithstanding the
defined herein, the parties agree that should either or both of
provisions of this agreement an~ any territories of each utility
the utilities have. buildings or other facilities requiring electric
service in the territory of the other that nevertheless each
utility shall be entitled to serve its own buildings and other
facilities located within the territory of each other.This
provision shall apply to not only the existing electrical service
but to any future electrical service to any building or facility
owned by that particular utility.
10.ANNEXATION:In the event that Burley should annex
lands to its corporate limits that are in the Unity territory
nevertheless the annexation shall be subj ect to the continued
service by Unity of any existing or future customers wi thin the
annexed area to Burley.
11.TERRITDRIAL LINE:The territorial lines on
Exhibi t 1 are absolute and that is, either Burley or Unity shall
be entitled to any Customer , except Existing Customers and each of
the facilities or buildirigs of ~ach utility, on either side of
the territorial-line., Any footage limitations set forth in any
existing or future statutes .shall not be applicable to the res-
pective territories and ~t~at is, each utility shall be able to
serve up to the line separating the areas of the two utilities.
12.AREA MODIFICATION:No modification of the defined
territories of Unity and Burley shall be effective
until a modifi-
. cation of this agreement has been signed pursuant to paragraph 3
and a map illustrating the altered territory, if any, be recorded
in the office of the County Recorder of the County of Cassia,
State of Idaho.This paragraph shall not be construed as implyingthat there. will be .any subsequent alteration of the territory but
in the event circumstances arise that there shall be .an alteration
of territories then this provision shall govern relative to how
and in what manner the territory is modified.
IN WITNESS WHEREOF, this agreement has been executed the
day and year first above written.
Ci r:.y Clerk
ATTEST:~~M
Secretar
UNITY LIGHT AND POWER COMPANY
. B ~L:'Q:~~L-esident
ST.Z\TE OF IDAHO
) ss
County of Cassia
On this ;11 day o in the year of 1985 beforeme, the undersigned, a Notary Publi in and for said State, personally appeared CHUCK SHADDUCK and E. ~. BRINEGAR, 'known oridentified to me to be ' the Mayor and City Clerk of CITY OF BURLEY
, .
the Municipal corporation that executed the instrument or the -person who executed the instrument on behalf of said City ofBurley, and acknowledged to me that such City of ley executedthesame.
OFFICIAL SML
t !
. 111 NOT~~~~sf~s~~gAHO' Notary Public 'forIJi1J. PRINCIPAL OFFICE IN B R '; d ;
. .
CASSIA COU
... ...
My Commission Expires
STATE OF IDAHO
) ss
County of Cassia
On this day ,
. .
' ~n the year o~ 1985,
before me the unders~gned, a Notary ubl~c ~n and for sa~d State,personally appeared RONALD OSTERHOUT and GARTH FREYMILLER, known or identified to me to be the President and Secretary of UNITY
LIGHT AND POWERS COMPANY the corporation that executed theinstrument .or the person who executed the instrument on behalf ofsaid corporation, and acknowled to me t at uch corporationexecuted the same.
/j /'
tJ
. ..~
. OFFICIAL SEAL '/f~~1C~ t::.L~~~. WILLIAM A. PARSONS Notary Public for Idaho~. ,...JL.~ NOTARY PUBUC STATE OF IDAHO
~~\~"'
PRINCIPAL OFFICE IN BURLq es~ ~ng a
'::''('" ".'
CASSIA COUNTY ' 1My Commission Expire I'
Page -Terri tory Service Agreement
MAP
CO NFID E NTIAL
NAMES & ADDRESSES
OF CDS TO MERS
SERVICE AREA STABILIZATION AGREEMENT
THIS AGREEMENT entered the day of November,1996, by and between THE CITY OF BURLEY, a municipal
corporation of the State of Idaho, hereinafter referred to as
City , and RURAL ELECTRIC COMPANY, a non-profit cooperative
corporation of the State of Idaho, hereinafter known
Rural" ,
WHEREAS, each party owns and operates an electrical
distribution system which serves customers in and around the
portion of the incorporated area of the City of Burley which
is located north of the Snake River in Minidoka County, Idaho,
and
WHEREAS, the parties previously entered a Service
Area Agreement on the 6th day of June, 1988, to resolvecertain service territory issues pursuant to the Idaho
Electric Supplier Stabilization Act, and
WHEREAS, the 1~88 agreement did not fully andfinally resolve all of the issues between the parties
regarding allocation of customers and service area in the
north Burley area, and
WHEREAS, it is in the best interests of the partiesand the public that the parties further define their
respective rights and responsibilities with respect to serviceof customers in the north Burley area to avoid disputes
between the parties regarding extension of service to new
customers and to reduce potential safety hazards and costly
duplication of lines and facilities,
IT IS MUTUALLY AGREED AS FOLLOWS:1. Exhibit A, which is attached hereto and
incorporated herein by reference, is adopted by the parties to
graphically illustrate the allocation of service areas between
the parties to this agreement. The City shall serve all new
customers in the areas identified as Parcels 1, 2 and
Rural will serve all new customers in the areas identified as
Parcels 4, 5 and 6 and all of the area north of the south
right of way of the Interstate Highway. For purposes of thisagreement a "new customer is one who requests electric
service for a facility which has not previously received
service area stabilization agreement
PAGE 1rural \stab. agr\brb
EXHIBIT 2
(To Application- United/City of Burley)
North Side
service. A customer who replaces another customer who was
previously receiving electric service at the same location
shall be served by the utility which served the prior customer
at that location. From and after the date of execution of
this agreement , neither party shall extend its lines or offer
service to any customer who requests electrical energy service
in the territory allocated to the other party without written
consent of the other party.2. The parcels to be served by the City of Burley
are more particularly described as follows:
Parcel : Beginning at the Snake River and the City
of Heyburn s western city limits; thence north to
East 5th Street North; thence west 300 feet to the
existing Burley city limits; thence south 250 feet
to the south property (solid cinder block fence)
line of the unplatted lots fronting East 5th StreetNorth; thence west 1,016 feet to the east property
line of J & L Electric; thence north 250 feet to
East 5th Street North; thence west 912 feet to theeast side of North Albion Avenue; thence south
along the east side of North Albion Avenue to the
north boundary of VoIce, Inc., and continuing south
to the Snake River, which is the south boundary ofParcell; thence east along the river to the Point
0 f Beg inning.
Parcel 2 : Beginning on East 5th Street North at the
southwest corner of Century Cinema parking lot,
which is 923 feet west of the existing Heyburn City
limits; thence north along the west side of the
parking lot for 315 feet to an irrigation ditch
which parallels the north side of the parking lot;
thence east along the irrigation ditch for 182feet; thence north along the irrigation ditch
approximately 603 feet to the south property line
of the Lavon Hansen property; thence west along the
Hansen property line and Rural pole line easementfor 192 feet to Minidoka Avenue; thence
northeasterly along Minidoka Avenue to InterstateHighway 84 ("I-84); thence west along the south sideof I-84 to Minidoka Irrigation District (MID) Drain
D14; thence south 767 feet along the east side of
the D-14 Drain; thence west 90 feet across the D14
Drain to the east side of the B-4 Canal; thence
southwesterly along the east side of the B-4 Canal
to West 5th Street North; thence east along West5th Street North across Highway 27 (Overland
service area stabilization agreement
PAGE 2rural \stab. agr\brb
Avenue) along the north side of East 5th Street
North to the southwest corner of Century Cinema
parking lot which is the Point of Beginning.
Parcel 3 : Beginning at the Snake River on the east
side of MID Drain D14; thence northeasterly along
the east side of MID Drain D14 to the north side of
West 2nd Street North; thence west to North Miller
Avenue; thence north along the east side of North
Miller Avenue to the south side of West 5th StreetNorth; thence east to State Highway 27; thence
south along the west side of Highway 27 to the
Snake River; thence southwesterly along the river
to the Point of Beginning.
The City shall not serve customers north of the
south right of way of the Interstate Highway.
The parcels to be served by Rural Electric Companyare described as follows:
Parcel 4 : Beginning at the intersection of West 5th
North and North Miller Avenue; thence south along
the west side of North Miller Avenue to West 2nd
Street North; thence east along the south side of
2nd Street North to the east boundary of MID DrainD14; thence southwesterly along the east side of
MID Drain D14 to the Snake River; thence westerly
along the Snake River to approximately 1000 Westroad where Rural adjoins Idaho Power Company;
thence north along the section line (1000 West) to
84; thence east to MID Drain D14 (City limits);
thence south along the west side of the MID D-
drain for 767 feet; thence west 90 feet to the west
side of the B-4 Canal; thence southwesterly along
the B-4 Canal to West 5th Street North; thence east
along the south side of West 5th Street North to
the Point of Beginning.
Parcel 5 : Beginning at East 5th Street North whereit intersects with North Albion Avenue; thence
south along the west side of North Albion Avenue to
the north boundary of Volco Ine.; thence south to
the north boundary of Volco Inc. and continuing
south to the Snake River; thence southwesterly
along the Snake River to Overland Avenue; thence
north along the east side of Overland Avenue (State
Highway 27) to East 5th Street North; thence east
along the south side of East 5th Street North to
the Point of Beginning.
service area stabilization agreement
PAGE 3rural \stab. agr\brb
Parcel 6 : Beginning at East 5th Street North and
the northwest corner of the Harry Isaak property
which is 300 feet west of the Heyburn City limits;
thence south 250 feet to the south property line
(solid cinder block fence) of the unplatted lots
fronting East 5th Street North; thence west 1,016
feet to the east property line of J & L Electric;
thence north 250 feet to East 5th Street North;
thence east along the south side of East 5th Street
North to the southwest corner of Century Cinema
parking lot, which is 622 feet west of the Point of
Beginning; thence north on the west side of the
parking lot for 315 feet to an irrigation ditch
which parallels the north side of the parking lot;
thence east along the irrigation ditch for 182feet; thence north along the irrigation ditch
approximately 603 feet to the south property line
of the Lavon Hansen property; thence west 192 feet
along the Hansen property line and Rural pole line
easement to Minidoka Avenue; thence northeasterly
along Minidoka Avenue to Interstate Highway 84 (I-
84); thence east to the City of Heyburn ' s service
area; thence south along Heyburn' s west service
area boundary to 400 South (Alfresco Road); thence
west to the Point of Beginning.
Rural shall serve all customers north of the south
right of way of the Interstate Highway.3. To the extent any conflict exists between theillustration on the map attached as Exhibi t and the
descriptions referred to above, the descriptions shall prevailoverthe illustration on the map.4. To the extent that either party is currentlyproviding service to customers within the service area
assigned to the other party by this agreement, said party
shall be .entitled to continue to serve said customers. Neitherparty shall be required to withdraw from the service area
allocated to the other, but the right to continue to serve
existing customers within the service area of the other shallnot be construed to authorize extension of service to new
customers within .the service area allocated to the other party
by this agreement.5. Nothing contained herein shall prohibit theparties from entering a written agreement to permit the
service of a new customer by a party whose distribution systemis located in the service area of the other, if the new
customer can be served more efficiently and safely from the
service area stabilization agreement
PAGE 4rural \stab. agr\brb
existing service lines of the other party or by extension of
the existing service lines of the other party, but any such
agreement shall be in writing and signed by the appropriateofficers after authorization is given by the respective
governing boards, and said memorandum shall be appended to
this agreement.
6 . Each party reserves rights of way and easements
for existing distribution lines which will be necessary to
continue service to customer it retains pursuant to this
agreement.7. The parties shall exercise their best efforts
to exchange the service to Norco adj acent to Kunau Park which
is currently served by Rural for Ag-West, which is currently
served by City, to improve the safety and reliability of
service to both customers.
8 . (a) Notwi ths tanding, the City s agreement to
allow Rural to be the exclusive provider of service within the
territory granted or reserved to Rural, the City shall have
the right to install its own street lights, pumps and other
facilities which it hereafter operates within Rural' s service
area and Rural agrees to deliver electrical energy and power
to the City ' s facilities within Rural' s service area on the
terms and conditions set forth herein. Distribution service
hereunder shall be provided in amounts necessary for the City
to maintain culinary water delivery, waste water disposal
service, street lights and other Ci ty services to its
customers.
(b) Rural shall furnish all trans formers and meters
(except as otherwise noted hereinafter), at the point of
delivery to the City. The service provided by Rural shall
include facilities or equipment necessary or used in the
delivery to the point of use by the City, and shall include
transforming, switching, fusing and lightning arresters at the
point of use by the City and with respect to interconnection
of Rural'system, at the point of delivery to the City,
Rural, at its own expense shall furnish such equipment and
devices as are required, provided, however, the City shallinstall capacitors on the load side of the pump panel
contactor, adequate to maintain a 95% power factor at all of
its pump motors.
(c) Electric power and energy distributed hereunder
will be delivered to the City at the nominal delivery voltages
necessary and will be measured by metering at each individual
point of delivery by Rural. Rural will read all meters monthly
on approximately the same date each month. The City shall have
service area stabilization agreement
PAGE 5rural \stab. agr\brb
the right to be present at and participate in all meter
readings and testing. The City may take meter readings each
month or at the beginning and end of each year jointly with
Rural to confirm the energy used.
(d) The City shall reimburse Rural for energy (kwh)
and demand (kW) at the current Rural retail commercial rate
(minus the monthly customer charge), which is subject to
adjustment from time to time, and which may be modified under
separate agreement between the City and Rural. In the event
that the City desires to negotiate a separate agreement for a
time of day metering rate, the City shall pay to Rural the
cost of the specialized meter and installation in order to
account for the time of day usage (both diurnal and nocturnalperiods), seasonal periods, light load hours, heavy load
hours, coincidental, and non-coincidental demand peaks, and
any other data acquisition required to put the separate
agreement into effect.
(e) Rural shall submit bills to the City on or
before the first working day of each month for service
furnished during the preceding month, and payments shall be
due and payable by the Ci ty on the tenth day of the month
immediately succeeding the date each bill is submitted.
(f) The City shall not be required to purchase a
membership in Rural to receive electrical services, and it
shall not receive a share of patronage savings because it will
not be a member and because it will enjoy a preferential ratewhich approximates a wheeling charge.
9 . In the event the Ci ty elects to impose a
franchise fee for service of customers of Rural which are
located within the City, including territories which may be
annexed to the City in the future, Rural agrees to collect
said franchise fees from its customers within the annexed areaand transmit payment to the City not less than quarterly
pursuant to the terms of the applicable franchise ordinance ofthe City. Rural reserves the right to contest the validity ofany franchise fee which would have a detrimental economic
impact on Rural or its customers who would be subject to a
franchise fee.
10. In operating and supplying electrical services
within its service area within areas next to the City, Ruralshall comply with and conform to all safety regulations
promulgated by the American National Standards Institute andentitled "National Electrical Safety Code , together with all
state and federal laws regulating Rural's operations in any
reasonable operations imposed by the City; provided, however,
service area stabilization agreement
PAGE 6rural \stab. agr\brb
that such City regulations shall not be more burdensome nor
restrictive than those imposed by the City upon its ownelectric department. Rural also agrees to notify customerswithin the City limits of the need to acquire a City
electrical permit for new wiring or rewiring of buildings.
11. This agreement shall remain in full force andeffect as long as each of the parties shall continue to
operate as electrical suppliers under their present form ofownership. In the event the City should terminate operations
as an electrical supplier, the boundary lines establishing the
respective service areas shall remain in effect as to Rural
and the successor to the City s service area. In the eventthat Rural should cease to operate as an electrical
cooperative within its service area, whether by sale of partor all of the service area or by change in the form of
ownership of Rural to a stock company or proprietorship other
than a cooperative, the service area established by this
agreement shall remain the same.
12. Neither party shall be permitted to extend its
service into the service area granted to the other party by
this agreement by acquiring the service area of any electrical
supplier which is not a party to this agreement.
13. In the event either party shall be required to
commence legal action to enforce any term or condition of this
agreement, said party shall be entitled to recover reasonable
costs and attorney fees in addition to any other relief said
party may obtain.
14. A copy of this agreement shall be recorded in
the office of the County Recorder of Minidoka County, Idaho.
15. This agreement may only be modified by an
instrument in writing signed by the authorized representatives
of Rural and the City. Upon execution of any modification,
said agreement shall be recorded in the office of the County
Recorder of Minidoka County, Idaho. No oral modifications of
this agreement shall be enforceable.
16. This agreement has been executed by the
undersigned pursuant to a resolution of the City Council of
the City of Burley and a resolution of the Board of Directors
of Rural Electric Company at meetings held in conformance with
the statutes and bylaws applicable to the respective entities.
17 . This agreement supersedes the Service Area
Agreement between the parties dated June 6, 1988.
service area stabilization agreement
PAGE 7rural \stab. agr\brb
IN WITNESS WHEREOF, the parties hereto have set
their hands the day and year first above written.
:1:B
~ .
Mayor
ATT ~aJ
City Cle
STATE OF IDAHO
"""""
t\.\R\C C'
~\;. (",,- ,
.. Q
~ ,"'/ '~......, ~() ~ ..
~~o
') "~" ':..
Q:: 0 9.,\-,
-".... "~;'
~ : c' '
~.. _
.e:..::oc, '
.. J
/~a:
\ c,
\.., ;,!~. //....,"'~~~
0 Wi",,-:.
~'- ..
-J'
. ,
, ~ ooaaooocc , 'C: :,
uPERT \Q~
1,
~ .
'68G1,,~tt~
" )
) 55.
On this f!:E day of November, 1996, before me theundersigned notary ~ubli and ~ f said state, personall
??~
Mayor A~..e
~'
and City Cler
~ns
:~
~ames a :~W:cr~~e :~\~:~~t~~n ~~s~~~,t
Mayor and City Clerk and acknowledged to me that they executed
the same as such Mayor and City Clerk for the City of Burley.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year first above written.
ATTEST:
County of Cassia
~1 LJb!AAfLfNotary ~ublic Residing at
My Commis s ion expires
( SEAL )
E. RUTH THRAI,.L
NOTARY PUBLIC
STATE OF IDAHO
Residing. IBurley, Idaho
My Cornmiaton E'.xplrs! 5/10/99
service area stabilization agreement
PAGE 8rural \stab. agr\brb
STATE OF IDAHO
) ss.
County of Cassia
On this
;)
sp-day of November, 1996, before me the
undersigned notary public in and for said state, personally
appeared IJ .as president, and
\",
.A ~ -
~j
, as secretary, known to me tobe the president and secretary of the corporation that
executed the instrument or the persons who executed the
instrument ' on behalf of said corporation, and acknowledged to
me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year first above written.
( SEAL)
J ~~~
~~~
Notary Publ
Residing at
My Commission expires ft(-ZA,'1/IJ
service area stabilization agreement
PAGE 9rural \stab. agr\brb
MAP
AMENDMENT TO TERRITORY SERVICE AGREEMENT
AGREEMENT made this &1h
day of ' 2003 , between CITY OF
BURLEY, IDAHO , ("BURLEY") and UNITED ELECTRIC CO-OP, INC. ("UNITED"
RECITALS: The parties recite and declare:
On May 21 , 1985 Burley and Unity Light and Power Company
entered into a Service Territory Agreement for electric service customers.
United is the successor in interest of Unity Light and Power by
consolidation on January 1 , 1998.
The parties desire to amend the Service Territory Agreement in the
following particulars.
EXHIBIT A: Exhibit 1 to the Service Territory Agreement is amended to be
Exhibit A (2002-Amendment), a copy is attached hereto , being the map of the territories.
IPUC APPROVAL:The statute requires by the Idaho Public Utilities
Commission and the parties shall file appropriate petitions with the Commission to seek
its approval now and in the future if required.
EXISTING CUSTOMERS:Paragraph (6) is amended by providing that
existing customers are illustrated on Exhibit A (2002-Amendment) and a listing of the
current customers and the meter numbers are attached as Exhibit B.
MEMORANDUM OF NOTICE: The parties shall record in the office of the
County Recorder, Cassia County Idaho a notice of Territory Agreement because the
territory map is larger than the Recorder can film and record.
AMENDMENT TO TERRITORY SERVICE AGREEMENT - 1
EXHIBIT 3
(To Application - United! City of Burley)
IN WITNESS WHEREOF the parties have executed this Agreement.
CITY OF BURLEY
UNITED ELECTRIC CO-, INC.
Ron Osterhout, President
STATE OF IDAHO
) ss
County of Cassia
On this l?ilftday of fYl.. in the year 2003 , before, the undersigned , a Notary Public in and f r said State , personally appeared JONANDERSON, known or identified to me to be the MAYOR OF THE CITY OF BURLEY
whose name is subscribed to the within instrument, and acknowledged to me that heexecuted the same.
AMENDMENT TO TERRITORY SERVICE AGREEMENT - 2
STATE OF IDAHO
) ss
County of Cassia
On this day of yn ' in the year 2003 , before, the undersigned; a Notary Public in and for said State, personally appearedMELANIE HAYNES , known or identified to me to be the CLERK OF THE CITY OF
BURLEY whose name is subscribed to the within instrument, and acknowledged to methat she executed the same.
~...-
WILLIAM A. PARSONS
NOTARY PUBLIC
STATE OF IDAHO
STATE OF IDAHO
County of CIJ-Ss; /1/-
) ss
On this Jl day of
~,
in the year 2003 , before me , theundersigned, a Notary Public in and for said State, personally appeared RONOSTERHOUT, known or identified to me to be the President of United Electric Co-op,
Inc" the corporation that executed the instrument or the person who executed theinstrument on behalf of said corporation , and acknowledged to me that such corporationexecuted the same.
~ -
haAA-0
Notary Public f99ldalJp
Residing at ~I
My Commission Exp1'r es:
~ WILLIAM A. PARSONS
NOTARY PUBLIC
STATE OF IDAHO
(U N ITED\S urley Amendment. wpd)
AMENDMENT TO TERRITORY SERVICE AGREEMENT - 3
CO NFID E NTIAL
NAMES & ADDRESSES
OF CUSTOMERS