20080221Application.pdf

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LARRY D. RIPLEY IS8 #965
Idaho Power Company
P. O. Box 70
Boise, Idaho 83707
Telephone: [phone]
FAX Telephone No. [phone]
1221 West Idaho Street
Boise, Idaho 83702
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Attorney for Idaho Power Company
Street Address for Express Mail:
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT )
APPLICATION OF IDAHO POWER )
COMPANY, THE URBAN RENEWAL )
A~ENCY OF THE CITY OF )
CALDWELL, IDAHO, AND THE )
CITY OF CALDWELL, IDAHO FOR )
APPROVAL OF A SPECIAL LINE )
INSTALLATION AGREEMENT. )
)
CASE NO. IPC-E-01-M
JOINT APPLICATION
COMES NOW Idaho Power Company ("Idaho Power" or ''the Company"),
The Urban Renewal Agency of the City of Caldwell, Idaho and the City of Caldwell,
Idaho üointly referred to as "Caldwell"), and herewith jointly apply to the Commission for
approval of a special line installation agreement.
In support of this Application, Idaho Power represents as follows:
I.
The Urban Renewal Agency of the City of Caldwell, Idaho and the City of
Caldwell ("Caldwell") have created an Urban Renewal Plan for the Caldwell East Urban
APPLICATION, Page 1
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Renewal Project under which a specified area of the City of Caldwell is to be
rehabilitated and developed.
II.
It is necessary in accomplishing the rehabiltation and development of the
land within the Caldwell East Urban Renewal Project boundaries ("Caldwell Project
Boundaries" or "Project Boundaries") to have adequate electric utilty service available
to the area. Grant monies.are available for the construction of the required utilty
facilties. In essence, a new distribution feeder line to be known as the "New Linden
Feedet' wil be constructed. Due to the unique nature of the funding for the line
installation, Idaho Power and Caldwell have entered into a special agreement pursuant
to Rule H, Subparagraph Vi D, Le.:
D. Special Arrangements Permitting Deviation from
Rule H Refund Provisions -- An Applicant and/or
Applicants and the Company may mutually agree that
a deviation from Rule H refund provisions is
reasonable and does not adversely affect other
Customers of the Company. A written agreement to
deviate from Rule H refund provisions wil be prepared
and submitted to the Commission. The agreement wil
not be effective until approved by the Commission.
II.
A copy of the Agreement To Construct A Distribution Line between Idaho
Power and Caldwell is attached as Attachment 1.
IV.
Caldwell's Request For Service
Caldwell has obtained grant monies for the construction of the required
utiljty facilties in order to rehabiltate and develop the land within the Caldwell East
urban Renewal Project boundaries. These grant monies are availa.ble for the
APPLICATION, Page 2
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construction of the required utilty facilties in order to ensure that adequate electric
utilty service is available to the area. The Rule H provisions of Idaho Power are not
compatible in this unique situation. Accordingly, Idaho Power is wiling to construct the
New Linden Feeder and related distribution facilties upon payment by Caldwell to Idaho
Power of $408,386.30. Caldwell agrees to waive all vested interest rights in the New
Linden Feeder and Idaho Power agrees that it wil commit to making available 10 MW
of feeder line capacity to Caldwell within the Caldwell Project boundaries for seven
years in exchange for Caldwell waiving its right to any vested interest payments.
V.
Connection Fee
For a period of five years, any capacity of the New Linden Feeder Line
that is utilzed for service outside the described Caldwell Project Boundaries wil be
subject to a connection charge.: The connection charge wil be the product of the
customer's connected load and the connected load rate. The connected load rate per
kW of connected load wil be equal to the total cost contributed by Caldwell for the New
Linden Feeder divided by 10,000 kW. No connection charge wil be imposed for
requests with connected loads under 100 kW. Connected load wil be considered to be
25 kW for individual all electric residences and 15 kW for all other individual residences.
Connected load for a residential subdivision wil be 15 kW per lot and residential lots
within subdivisions wil not be considered individually. Connected load for industrial,
commercial, and irrigation customers wil be considered to equal the kVa rating of the
transformer used to provide service to the customer.
Any connection fees collected wil provide a source of funding to Idaho
Power to assure 10,000 kW of line capacit is available for Caldwell. The Agreement
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between Idaho Power and Caldwell attached as Attachment 1 more fully sets forth the
line construction arrangement.
Vi.
.communications with reference to this Application should be sent to Idaho
Power and Caldwell at the following addresses:
~
Idaho. Power
Larry D. Ripley, Senior Attorney
Idaho Power Company
PO. Box 70 .
Boise, Idaho 83707
Gregory W. Said
Director of Revenue Requirement
Pricing & Regulatory Services
Idaho Power Company.
PO. Box 70
Boise, Idaho 83707
Caldwell
The Urban Renewal Agency of the City
of Caldwell, Idaho
Attn: Mayor Garret Nancolas .
P.O. Box 1177
Caldwell, Idaho 83606
The City of Caldwell, Idaho
Attn: . Mayor Garret Nancolas
P.O. Box 1177
Caldwell, Idaho 83606
VII.
MODIFIED PROCEDURE
Applicants request that this Application be processed under RP 201
allowing for consideration of issues to be processed under modified procedure, i.e., by
written submissions rather than by an evidentiary hearing.
APPLICATION, Page 4
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WHEREFORE, it is respectfully requested that the Commission enter its
order approving the special line installation arrangement between Idaho Power and
CaldwelL.r,N
DATED at Boise, Idaho, this 13 day of July, 2001.
THE URBAN RENEWAL AGENCY OF
THE CITY OF CALDWELL, IDAHO
BY~Wdf
Title~~ò)? C1i4ctl1'?
THE CITY OF CALDWELL, IDAHO
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APPLICATION, Page 5
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AGREEMENT TO CONSTRUCT A DISTRIBUTION LINE
AND RELATED FACILITES FOR THE
CALDWELL EAST URBAN RENEWAL PROJECT
BETWEEN
THE URBAN RENEWAL AGENCY OF THE CITY OF CALDWELL, IDAHO
AND
IDAHO POWER COMPANY
THIS AGREEMENT, dated ~u4 I ~ ,2001, is by and between
THE URBAN RENEWAL AGENCY OF THE CITY OF CALDWELL, IDAHO and the
CITY OF CALDWELL, IDAHO üointly referred to as "Caldwell"), and IDAHO POWER
COMPANY ("Idaho Power" or "Company"), an Idaho corporation. Caldwell and Idaho
Power may also be referred to individually as "Part or collectively as "Parties."
RECITALS
A. The Urban Renewal Agency of the City of Caldwell, Idaho and the
City of Caldwell ("Caldwell") have created an Urban Renewal Plan for the Caldwell East
Urban Renewal Project under which a specified area of the City of Caldwell is to be
rehabiltated and developed.
B. It is necessary in accomplishing the rehabiltation and deveropment
of the land within the Caldwell East Urban Renewal Project boundaries ("Caldwell
Project Boundaries" or "Project Boundaries") to have adequate electric utilty service
available to the area and grant monies are available for the construction of the required
utility facilties. In essence, a new distribution feeder line to be known as the "New
Linden Feedet' wil be constructed.
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C. Idaho Power is willng to construct the New Linden Feeder and
related distribution facilties in accordance with the terms and provisions of this
Agreement.
NOW. THEREFORE, in consideration of the mutual obligations and
undertakings set forth herein, and other good and valuable consideration, the
sufficiency of which is hereby acknowledged, Caldwell and Idaho Power agree as
follows:
1. Construction of Facilties.
1.1 Idaho Power wil design and construct a 1 0 megawatt distribution
line, which wil be known as the New Linden Feeder commencing at the Linden
Substation and terminating at the comer of Highway 20/26 and KCID Road.
1.2 Any additional distribution facilties required to utilize the New
Linden Feeder within the Caldwell Project Boundaries wil be constructed in accordance
with Idaho Power Company's then current Rule H tariff.
2. Rights of Way.
2.1 New Linden Feeder Route. Idaho Power wil determine the
distribution line route from the Linden Substation to the corner of Highway 20/26 and
KCID Road.
2.2 Rights of Way and/or Easements. Caldwell wil convey and/or
grant to Idaho Power such easements or rights of way on Caldwell's land or public
streets that Idaho Power may determine are reasonably required for locating the
distribution line and to operate and maintain the distribution line. All such easements
and rights of way wil be provided to Idaho Power at no cost. Idaho Power wil be
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responsible for the acquisition of any and all permits, rights of way, and/or regulatory
approvals required by public agencies for performance of this Agreement and for
payment of any and all permit fees and/or taxes required for or associated with such
permits, rights of way, and regulatory approvals.
3. Cost of Providing Facilties.
Caldwell wil pay Idaho Power a total amount of Four Hundred Eight
Thousand Three Hundred Eighty-Six and 30/100 Dollars ($408,386.30) (the "New
Linden Feeder Payment') for Caldwell's share of the total cost of the New Linden
Feeder Line pursuant to the attached cost estimate. It is agreed that any monies
provided for the purchase of right of way that are not expended wil be refunded to
Qaldwell.
4. Dedication of Capacity.
4.1 Idaho Power agrees to make available 10 MW of capacity within
the Caldwell Project Boundaries for seven years. The Project Boundaries are described
in the attached Exhibit A, Parcels 1, 2, and 3. Exhibit B to this Agreement is a drawing
of the Project Boundaries, and Exhibit C is a photo map of Parcels 1, 2, and 3 of the
Project Boundaries.
4.2 Any capacity that has not been utilzed at the end of the seven-year
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period wil not be held in reserve and wil be uncommitted to the Caldwell East Urban
Renewal Project.
4.3 Caldwell agrees to waive all vested interest rights in the New
Linden Feeder Line. Idaho Power agrees that it wil commit to making available 10 MW
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of feeder line capacity to Caldwell within the Caldwell Project Boundaries for seven
years in exchange for Caldwell waiving its right to any vested interest payments.
4.4. For a period of five years, any capacity of the New Linden Feeder
Line that is utilzed for service outside the described Caldwell Project Boundaries wil be
subject to a connection charge. The connection charge will be the product of the
customets connected load and the connected load rate. The connected load rate per
kW of connected load wil be equal to the total cost contributed by Caldwell for the New
Linden Feeder divided by 10,000 kW. No connection charge wil be imposed for
requests with connected loads under 100 kW. Connected load wil be considered to be
25 kW for individual all electric residences and 15 kW for all other individual residences. .
Connected load for a residential subdivision wil be 15 kW per lot and residential lots
within subdivisions wil not be considered individually. Connected load for industrial,
commercial, andiirrigation customers wil be considered to equal the kVA rating of the
transformer used to provide service to the customer.
4.5 The following tests wil be utilzed in determining the amount of
capacity that has been utilzed within the Caldwell Project Boundaries as load is
connected to the New Linden Feeder Line once it is completed:
· Residential electrical service availabilit is defined as the
availabilty of transformers, secondary boxes, and electrical
backbone (primary and secondary lines) installed and available
to provide the required service to a residence on a lot.
· Each residential lot available for service connections wil be
considered to require 5 kW of demand.
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· Commercial and industrial service wil be measured by the peak
demand of the load served.
4.6 For purposes of computing the starting date of Caldwell's
reservation of capacity, the time wil commence upon completion of the construction of
the New Linden Feeder, and Caldwell wil be advised by letter of.this event.
5. Miscellaneous Provisions.
5.1 This Agreement is subject to valid laws and to the regulatory
authority and orders, rules and regulations of the Idaho Public Utilties Commission and
such other administrative bodies having jurisdiction, as well as Idaho Power Company's
Rules and Regulations as now or may be hereafter modified and approved by the Idaho
Public Utilties Commission.
. 5.2 This Agreement shall be governed by and construed in accordance
with the laws of the State of Idaho, and venue for any court proceeding arising out of
this Agreement shall be in Caldwell, Idaho.
5.3 This Agreement may only be amended or modified by a writing
signed by the duly authorized representatives of both parties. This Agreement may be
executed in counterparts, each of which, when so executed and delivered, shall be
deemed to be an original and all of which, taken together, shall constitute one and the
same Agreement.
5.4 The waiver by either part hereto of a breach of any provision of
this Agreement shall not operate or be construed as a waiver of any subsequent
breach.
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5.5 The parties acknowledge and a.gree that this Agreement is subject
to the approval of the Idaho Public Utilties Commission.
IN WITNESS WHEREOF, the parties have entered into this Agreement
effective as of the day and year first hereinabove written.
THE URBAN RENEWAL AGENCY OF
THE CITY OF CALDWELL, IDAHO
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By ~ .Wat..:tL.ITitle ~~/oli e!ia/r Mtl
THE CITY OF CALDWELL, IDAHO
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IDAHO POWER COMPANY
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COST ESTIMATE
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6/14/01
City of Caldwell Linden Feeder Cost Estimate
· $ 175,848.86-Linden Avenue Single Circuit
· $138,540.65-Single Circuit along Aviation Way to Hwy 20/26
· $60,296.79-Reconductor along Hwy 20/26 to comerofKCID
$374,686.30-Total Constrction Costs
Miscellaneous Costs
· $300.0D-Highway filing fee
· $3,100.00-Ralroad fùing fee
· S300.0O-anal filing fee
· $S,OOO.Oo-Surey cost
· $25,OOO.Oo-Estimate for purchase of right of way
$33,700.00-Total Miscellaneous costs
$408,386.30- Total Project Cost
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EXHIBIT A
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EXHIBIT "A"
Parcel 1
A parcel of land located in the NW X and the SW Xc of Section 25, Township 4 Nort, Range 3 West of the
Boise Meridian, Canyon County, Idaho and being more partcularly described as follows:
BEGINNING at the NW comer of said Section 25 (Secton corner common to sectons 23, 24, 25 and 26),
thence
North 89° 49' 29" East a distance of 1,328.90 feet along the Northerl boundary of said NW %, said Norterly
boundary also being the centerline of U.S. Highway 20126; thence
South 00 34' 02" West a distance of 2,645.56 feet to a point on the Northerl boundary of Park Orchard
Tracts as on file in Book 3 of Plats at Page 19 in the Offce of the Recorder of Canyon County, Idaho; thence
Nort 89° 36' 27" East a distance of 1323.44 feet along the norterly boundary of said Parks Orcard Tract;
thence
South 0° 41' 17" West a distance of 578.43 feet along the easterly boundary of said Parks Orchard Tracts to
a point on the Old Caldwell Ditch as shown on said Parks Orchard Tracts; thence continuing along said
Old Caldwell Ditch the following courses and distances:
South 53° 19' 14" West a distance of 100.25 feet; thence
South 36° 07' 59" West a distance of 471.49 feet; thence
South 35° 55' 31" West a distance of 382.59 feet to a point on the southerly boundary. of said Park Orchard
Tracts; thence leaving said Old Caldwell Ditch
South 89034' 28" West a distance of 747.55 feet along said southerly boundary of Park Orchard Tracts to
the SW corner of Lot 13 of said Parks Orchard Tract; thence
Nort 00 36' 12" East a distance of 687.72 feet along the westerly boundary of said Lot 13 to the SE comer of
Lot 5 of said Parks Orchard Tracts; thence
South 89° 35' 07" West a distance of 766.21 feet along the southerly boundaries of Lots 5, 6 and a portion of
lot 7 of said Parks Orchard Tracts to the centerline of an irrgation canal; thence along the centerline of
said irrigation canal the following courses and distnces:
North 23° 33' 47" East a distance of 72.60 feet to a point; thence
Nort 36° 59' 47" East a distance of 197.48 feet to a point; thence
Nort 250 33' 12" East a distance of 43.74 feet to a point; thence
North 16° 36' 10" East a distance of 45.07 feet to a point thence
North 0° 57' 53" East a distance of 43.05 feet to a point; thence
No.rth 23° 07' 01" West a distance of 72.75 feet to a point thence
North 31 ° 07' 57" West a distance of 81.11 feet to a point thence
Nort 31045' 43" West a distance of 178.47 fet to a point thence
Nort 41 ° 26' 06" West a distance of 126.17 feet to a point; thence
North 71° 24' 09" West a distance of 180.93 feet to a point; thence
North 600 52' 09" West a distance of 170.00 feet to a point; thence
North 640 55' 49" West a distance of 177 .15 feet to a point on the Westerly boundary of said NW % of Secton
25, said Westerly boundary also being the centerline of Aviation Way; thence leaving the centerline of said
irrigation ditch
Nort 00 26' 51" East a distance of 2,336.52 feet along said westerl boundary of the NW % of Section 25 to
the POINT OF BEGINNING.
This parcel contains 123.09 acres more or less.
EXIT A, Page 1 of .3
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EXHIBIT "A"
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Parcel 2
A parcel of land located in the Nortwest % of Section 25, Township 4 North, Range 3 West of th Boise
Meridian, Canyon County, Idaho and being more partcularl descnbed as follows:
Commencing at the North Quarter comer of said Section 25; thence
South 0"41'20. West a distance of 660.19 feet along the East boundary of said Nortwest % of Secton
25 to the TRUE POINT OF BEGINNING; thence continuing
South 0"41'20. West a distance of 1,980.56 feet along said East boundary of the Nortwest % of
Section 25; thence
South 89"36'38" West a distance of 1,323.42 fet thence
North 0"34'06" East a distance of 1,984.25 feet thence
Nort 89°46'23" East a distance of 1,327.53 feet to the POINT OF BEGINNING.
This parcl contains 60.31 acres, more or less.
EXIT A, Page 2 of 3
(EXHIBIT "A"c
Parcel 3
A parcel of land located in portions of Sections 24 and 25, Township '4 Nort, Range 3 West, and
Sections 19 and 3Ò, Township 4 Nort, Range 2 West of the Boise Meridian, Canyon County, Idaho and
being more particularly described as follows:
BEGINNING at the section comer common to Sections 24 and 25, Township 4 North, Range 3 West,
and Sections 19 and 30, Township 4 North, Range 2 West of the Boise Meridian; thence
North 0°40'30" East a distance of 3,497.91 feet along the section line common to said Secons 24 and
19, said section line also being the centerline of KCID Road; thence
South 89°45'21" East a distance of 1,323.22 feet; thence
South 18°21'04" East a distance of 896.33 feet; thence
South 89046'51" East a distance of 975.02 feet; thence
South 0035'08" West a distance of 2,694.87 feet to a point on the section line common to said Sections
19 and 30; thence
South 89°50'28" East a distance of 1,978.69 feet along said section line common to Sections 19 and 30,
said section line also being the centerline of U.S. Highway 20/26; thence
South 0°22'18" West a distance of 1,277.30 feet; thence
Nort 89°48'39" West a distance of 659.73 feet; thence ~
South 0°22'45" West a distance of 1,326.98 feet; thence
Nort 89°46'46" West a distance of 3,924.68 feet to a point on the section line common to said Sections
25 and 30; thence
South 0°36'52" West a distance of 1.325.02 feet along said section line common to Sections 25 and 30,
said section line also being the centerline of KCID Road; thence
South 89°37'02" West a distance of 1,322.41 feet; thence
Nort 0°38'46" East a distance of 3,533.38 feet; thence
North 89°24' 15" East a distance of 1,320.77 feet to a point on the section line common to said Sections'
25 and 30; thence
North 0°37'12" East a distance of 436.61 feet along said section line common to Sections 25 and 30,
said section line also being. the centerline of KCID Road, to said section comer common to Sections 24,
25,19, & 30, said section corner also being POINT OF BEGINNING.
This parcel contains 549.82 acres, more or less.
EXIT Ai Page 3 of 3
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