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Home My WebLink About20030707Notice of Application Order No 29280.pdfOffice of the Secretary Service Date BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION July 7 2003 IN THE MATTER OF THE APPLICATION OF UNITED ELECTRIC CO-OP, INc. AND THE CITY OF HEYBURN FOR AN ORDER APPROVING A SERVICE TERRITORY AGREEMENT PURSUANT TO IDAHO CODE ~ 61-333(1). CASE NO. GNR-03- NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 29280 On June 20, 2003 , United Electric Co-op, Inc. and the City of Reyburn filed an Application for approval of a service territory contract pursuant to the Idaho Electric Suppliers Stabilization Act (ESSA). United is the successor entity following the consolidation of Rural Electric Company and Unity Light & Power. Both United and the City supply electric service to 332A(4). their respective consumers in adjacent and contiguous service territories. Idaho Code ~ 61- NOTICE OF APPLICATION The parties ask that the Commission approve their "Service Area Stabilization and Wheeling Agreement" dated February 14, 1996. In the Agreement, United's predecessor Rural Electric and the City agreed to establish separate service territories for each party in Minidoka County. The Agreement also addressed the exchange of customers and United agreed to transfer distribution facilities serving the exchanged customers. Exhibit No. 1 , ~~ 1-4. The Agreement provided that the City shall have the right to install its own streetlights, pumps and other facilities for the delivery of city services located within United's service territory. Id. at ~ 5. United also agreed to deliver electric service to the City s facilities within United's service area. The Application states that the Agreement was negotiated to settle and establish service territories between the parties, to provide stability and safety in service to consumers, and to eliminate duplication of services. Application at ~ 3. Because the Agreement predated the 2000 amendments to the ESSA, the parties now request that the Commission approve the Agreement. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 29280 THE ESSA The purpose of the ESSA is to promote harmony among and between electric suppliers furnishing electricity within Idaho. More specifically, the ESSA: (1) prohibits the pirating" of consumers already served by another supplier; (2) discourages duplication of electric facilities; (3) actively supervises certain conduct of electric suppliers; and (4) stabilizes the territories and consumers served by such electric suppliers. Idaho Code ~ 61-332. Under the ESSA, all agreements or contracts for the allocation of service territories or consumers shall be filed with the Commission. Idaho Code ~ 61-333(1). United and the City are defined as "electric supplier(s)" under the ESSA. Idaho Code ~ 61-332A(2-4). Idaho Code~ 61-333(1) provides that any electric supplier may contract with any other electric supplier for the purpose of "allocating territories, consumers, and future consumers . .. and designating which territories and consumers are to be served by which contracting electric supplier.This section further provides that the Commission may, after notice and opportunity for hearing, "approve or reject contracts between cooperatives, ... (and) between municipalities and cooperatives." The Commission "shall approve such contracts only upon finding that the allocation of territories or consumers is in conformance with the provisions and purposes of' the ESSA. !d. NOTICE OF MODIFIED PROCEDURE YOU ARE HEREBY NOTIFIED that Idaho Code ~ 61-333(1) reqUIres electric suppliers to file all contracts that allocate service territories, consumers, or future consumers with the Commission. This section further provides that the Commission shall approve all such contracts if they are in conformance with the provisions and purposes of the ESSA. YOU ARE FURTHER NOTIFIED that 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 Rilles of Procedure, IDAP A 31.01.01.201 through -204. YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this Application may file a written comment in support or opposition with the Commission within twenty-one (21) days from the service date of this Notice. The comment must contain a statement of reasons supporting the comment. Persons desiring a hearing must specifically NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 29280 request a hearing in their written comments. Written comments concerning this application shall be mailed to the Commission and the Applicants at the addresses reflected below: COMMISSION SECRETARY IDAHO PUBLIC UTILITIES COMMISSION PO BOX 83720 BOISE, IDAHO 83720-0074 Street Address for Express Mail: WILLIAM A. PARSONS PARSONS, SMITH & STONE, LLP PO BOX 910 BURLEY, ID 83318 wparsons~pmt.org 472 W WASHINGTON ST BOISE, ill 83702-5983 Attorney for United Electric Co-op STEVEN A. TUFT PO BOX 759 BURLEY, ID 83318 tuftlaw~pmt.org Attorney for City of Heybum These comments should contain the case caption and case number shown on the first page of this document. Persons desiring to submit comments via e-mail may do so by accessing the Commission s home page located at www.puc.state.id.. Click the "Comments and Questions icon, and complete the comment form, using the case number as it appears on the front of this document. These comments must also be sent to the Applicants at the e-mail addresses listed above. YOU ARE FURTHER NOTIFIED that the Application in Case No. GNR-03- can be reviewed at the Commission office and at the Commission s web site www.puc.state.id.under the "file room" icon. 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 specifically Idaho Code ~~ 61-332 and 61-333(1). 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. ORDER IT IS HEREBY ORDERED that this Application be processed under Modified Procedure. Persons interested in submitted written comments regarding this matter should do so within 21 days of the service date of this Order. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 29280 DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this '1:;vA- day of July 2003. p !!!!~;;;; Jj~ MARSHA H. SMITH, COMMISSIONER ENNIS S. HANSEN, COMMISSIONER ATTEST: vldJO:GNRE0305 - db NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 29280