28791.mod.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION OF IDAHO POWER COMPANY, THE URBAN RENEWAL AGENCY OF THE CITY OF CALDWELL, IDAHO, AND THE CITY OF CALDWELL FOR APPROVAL OF A SPECIAL LINE INSTALLATION AGREEMENT. )
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NOTICE OF APPLICATION

NOTICE OF MODIFIED
PROCEDURE

ORDER NO. 28791
On July 13, 2001, Idaho Power Company, the Urban Renewal Agency of the City of Caldwell, Idaho (“URA”) and the City of Caldwell (“Caldwell”) jointly filed an Application requesting Commission approval of a special line installation agreement (“Agreement”) they have entered into.
The Application states that URA and Caldwell have created an Urban Renewal Plan for the Caldwell East Urban Renewal Project that will rehabilitate and develop a specified area of the City. In order to accomplish this the Applicants state that it is necessary to have adequate electric utility service available to the area. Accordingly, a new distribution feeder line, the “New Linden Feeder,” will be constructed. The Applicants state that grant monies are available for the construction of the required facilities. Due to the unique nature of funding for the line installation the parties have entered into the Agreement pursuant to Rule H, Subparagraph VI, D, i.e., which allows for special arrangements that deviate from Rule H Refund Provisions. Based on this Agreement, Idaho Power is willing to construct the New Linden Feeder and related distribution facilities upon payment by Caldwell in the amount of $408,386.30. Caldwell also agrees to waive all vested interest rights or payments in the New Linden Feeder in exchange for the Company agreeing to commit to making 10 MW of feeder line capacity available to the City within the Caldwell Project boundaries for seven years. The Application also states that for a period of five years, any capacity of the New Linden Feeder that is utilized for service outside the Caldwell Project Boundaries will be subject to a connection charge.
The Applicants request that the Joint Application be processed using Modified Procedure, i.e., by written submissions rather than by an evidentiary hearing, under the Commission’s Rules of Procedure.
YOU ARE HEREBY NOTIFIED that the Application has been filed with the Commission and is available for public inspection during regular business hours at the Commission offices.
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 that the Commission may enter any final Order consistent with its authority under Title 61.
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.
YOU ARE FURTHER NOTIFIED that the Commission has reviewed the filings of record in Case No. IPC-E-01-24. The Commission has preliminarily determined that the public interest may not require a hearing to consider the issues presented and that the issues raised by the Application may be processed under Modified Procedure, i.e., by written submission rather than by hearing. Commission Rules of Procedure, IDAPA 31.01.01.201-.204.
YOU ARE FURTHER NOTIFIED that the Commission may not hold a hearing in this proceeding unless it receives written protests or comments opposing the use of Modified Procedure and stating why Modified Procedure should not be used. See, IDAPA 31.01.01.203.
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, not including the day this Notice was issued. IDAPA 31.01.01.017. The comment must contain a statement of reasons supporting the comment. Persons desiring a hearing must specifically request a hearing in their written comments.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are received within the deadline, the Commission will consider the matter on its merits and enter its Order without a formal hearing. If comments or protests are filed within the deadline, the Commission will consider them and in its discretion may set the matter for hearing or may decide the matter and issue its Order on the basis of the written positions before it. See, IDAPA 31.01.01.204.
YOU ARE FURTHER NOTIFIED that written comments concerning Case No. IPC-E-01-24 should be mailed to the Commission and Idaho Power Company at the addresses reflected below:

COMMISSION SECRETARY LARRY D. RIPLEY
IDAHO PUBLIC UTILITIES COMMISSION GREGORY W. SAID
PO BOX 83720 IDAHO POWER COMPANY
BOISE, ID 83720-0074 PO BOX 70
BOISE, IDAHO 83707
STREET ADDRESS FOR EXPRESS MAIL:

472 W WASHINGTON ST CITY OF CALWELL, IDAHO
BOISE, ID 83702-5983 THE URBAN RENEWAL AGENCY OF THE CITY OF CALDWELL
ATTN: MAYOR GARRET NANCOLAS
PO BOX 1177
CALDWELL, IDAHO 83606

All comments should contain the case caption and case numbers shown on the first page of this document.
YOU ARE FURTHER NOTIFIED that the Application in the above cases can be reviewed at the Commission’s office and at the offices of Idaho Power Company in Boise during regular business hours.
O R D E R
IT IS HEREBY ORDERED that this case shall be processed by Modified Procedure in accordance with the Commission Rules. See, IDAPA 31.01.01.201-.204.
IT IS FURTHER ORDERED that any person desiring to state a position on Idaho Power’s Application may file a written comment in support of or in opposition to the Company’s request. These comments must be filed on or twenty-one (21) days after the date of this Order. The written comment must contain a statement of reasons supporting the comment. Persons desiring a hearing must specifically request a hearing in their written comments.

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of July 2001.

PAUL KJELLANDER, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

O:ipce0124_jh

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 28791 1

Office of the Secretary
Service Date
July 25, 2001