20050713Motion to amend, waiver request.pdf

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Barton L. Kline (ISB No. 1526)
Monica B. Moen (ISB No. 5734)
IDAHO POWER COMPANY
1221 West Idaho Street
O. Box 70
Boise, Idaho 83707
(T) 208.388.2682; (F) 208.388.6936
bkline~idahopower.com
mmoen~idahopower.com
2095 JUL 13 PH I: 34
10 HG PUBLiC
UTILiTiES COMt+ilSSfOfJ
Dean J. Miller (ISB No. 1968)
McDEVITT & MILLER LLP
420 West Bannock Street
O. Box 2564-83701
Boise, Idaho 83702
(T) 208.343.7500; (F) 208.336.6912
joe~mcdevitt-miller.com
BEFORE THE IDAHO PUBLIC UTiliTIES COMMISSION
IN THE MATTER OF THE JOINT
APPLICATION OF IDAHO POWER
COMPANY AND SINCLAIR OIL
CORPORATION FOR THE SALE AND
TRANSFER OF CERTAIN COMPANY
OWNED FACILITIES
CASE NO. IPC-05-
MOTION TO AMEND APPLICATION
TO INCLUDE A REQUEST FOR
WAIVER OF MASTER-METERING
RULE
Idaho Power Company ("Idaho Power ) and Sinclair Oil Corporation , a
Wyoming Corporation , d/b/a Sun Valley Company ("Sun Valley ), pursuant to RP 053
hereby JOINTLY request that the pending Application in this proceeding be amended to
include a request that the Commission waive the requirements of Section 4 of Rule E
Idaho Power Company s rule governing master-metering, as applied to the transaction
that is the subject of this Application.
MOTION TO AMEND APPLICATION TO INCLUDE A REQUEST
FOR WAIVER OF MASTER-METERING RULE Page
In support of the Motion , Idaho Power and Sun Valley respectfully submit
the following:
On May 2 , 2005, Sun Valley and Idaho Power filed a Joint
Application and Request for Modified Procedure seeking approval for the sale and
transfer of certain Company-owned facilities from Idaho Power to Sun Valley. The
Company-owned facilities at issue include facilities providing service to a number of
individual tenants in the Sun Valley Mall.
Section 4 of Rule E , the Company s Master-Metering Standards
reads as follows:
4. Master-Metering and Individual MeterinQJn
Commercial BuildinQs and ShoQ.Qio.g Centers No unit of
commercial buildings and shopping centers will be master-
metered for electric service after July 1 , 1980, if the units for their
tenants contain an electric space heating, water heating, or air-
conditioning (space cooling) unit that is not centrally controlled
and over which the unit's tenants individually control electric
usage. Tenants in otherwise master-metered buildings whose
electric load exceeds the individual metering threshold found in
the Company s Tariff must be individually metered.
In the course of responding to Commission Staff audit requests, it
has come to the attention of Idaho Power and Sun Valley that a number of the tenants
in the Sun Valley Mall currently receive electric service directly from Idaho Power and
have the ability to individually control their electric space heating, water heating, or air
conditioning unit.
If the Commission approves the sale and transfer of assets as
requested in the Application , it is Sun Valley s intention to recover the costs of electric
service provided to the tenants in the Sun Valley Mall by means of a monthly charge
included as a part of the lease arrangement between Sun Valley and the individual
MOTION TO AMEND APPLICATION TO INCLUDE A REQUEST
FOR WAIVER OF MASTER-METERING RULE Page 2
tenants in the Sun Valley Mall. As a result, Idaho Power and Sun Valley agree that a
waiver of Rule E, Subsection 4 , covering those tenants in the Sun Valley Mall that would
be master-metered for electric service after Idaho Power transfers and sells the assets
described in the Application to Sun Valley is necessary.
While the service to the tenants in the Sun Valley Mall will be
provided under a master-metering arrangement, Sun Valley intends to take certain
steps to assure that the spirit of the master-metering rules is maintained after the
Company-owned facilities are transferred from Idaho Power to Sun Valley. The steps
Sun Valley intends to take are generally described as follows:
Within 60 days of the transfer of the facilities to Sun Valley, Sun
Valley will retrofit the individual thermostats for each of its tenants such that each
thermostat will be centrally controlled by Sun Valley.
Sun Valley will provide to the Commission certification that the
thermostat retrofit has been completed and that Sun Valley personnel centrally control
the space heating and air conditioning units for the tenants in the Sun Valley Mall.
Water heating units utilized by the tenants in the Sun Valley Mall are used
primarily for hand washing purposes only. No unit is larger than fifteen gallons.
such , energy used for water heating is minimal. Given this minimal use, Sun Valley
requests that it not be required to centrally control the water heating units.
Based on the foregoing, Idaho Power and Sun Valley respectfully
request that in addition to approving the sale and transfer of the Company-Owned
Facilities as requested in the Application, that the Commission waive the requirements
of Section 4 of Rule E to allow Sun Valley to deliver energy to its tenants as a part of its
MOTION TO AMEND APPLICATION TO INCLUDE A REQUEST
FOR WAIVER OF MASTER-METERING RULE Page 3
Sent By: MCDEVITT & MILLER LLP;208 336 691 2 ;Jul-13-05 11 :07AM;Page 2/2
lease arrangement with the tenants and not require that Idaho Power provide electric
service to the tenants on an individual basis.
Dated this 13#day of July, 2005.
IDAHO POWER CaMP ANY SINCLAIR OIL CORPORATION
b/aJ SUN VALLEY COMPANY
Monica B. Moen
Attorney for Idaho Power Company
Dea J. iller
Attorney for Sun Valley Company
MOTION TO AMEND APPLICATION TO INCLUDE A REQUEST
FOR WAIVER OF MASTER-METERING RULE Page 4