20070712reconsideration_order_no_30372.pdf

Office of the Secretary
Service Date
July 12, 2007
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF IDAHO POWER COMPANY FOR
APPROV AL OF AN AGREEMENT
BETWEEN A VIMOR, LLC AND IDAHO
POWER TO PROVIDE ELECTRIC
TRANSMISSION AND SUBSTATION
FACILITIES TO THE A VIMOR MULTI-USE
DEVELOPMENT
CASE NO. IPC-06-
ORDER NO. 30372
On September 27, 2006, Idaho Power Company filed an Application requesting
approval of a "Special Facilities Agreement" the Company signed with Avimor, LLC. The
Agreement is for the construction of transmission and substation facilities for a large, multi-use
residential subdivision located north of Boise and developed by Avimor. As initially submitted to
the Commission, the Agreement requires A vimor to contribute the construction cost of $4.3 million
for the facilities but A vimor is eligible to receive a refund of its contribution from Idaho Power
based upon the number of customers subsequently connected to the facilities. Under the
Agreement, A vimor would receive a refund of its entire $4.3 million investment if, within 10 years
685 permanent residential services are connected, or if the meter demand at the development's
delivery point meets or exceeds 6 850 kilowatts (kW).
On May 24, 2007, the Commission issued final Order No. 30322 and found that the
Agreement as written "places too great a financial burden on Idaho Power s existing ratepayers.
The Commission stated that it would approve the Special Facilities Agreement if it were revised to
meet the concerns identified in the Commission s final Order.
On June 14 2007, Avimor submitted a timely Petition for Reconsideration. Pursuant to
the Commission s procedural Rule 331. 03, A vimor requested reconsideration by written brief and
requested that it be given until June 29, 2007 to file its brief. IDAP A 31.01.01.331.03. Avimor
filed its reconsideration brief on June 29 2007.
DISCUSSION
Idaho Code ~ 61-626 provides that the Commission must determine whether it shall
grant or deny a Petition for Reconsideration within 28 days after the filing of such a petition. "
reconsideration is granted, said order shall specify how the matter will be reconsidered(.J" Id.
ORDER NO. 30372
After reviewing Avimor s Petition for Reconsideration the Commission finds there is
good cause to grant Avimor s Petition. We further find that it is reasonable for Avimor to file its
reconsideration brief on June 29, 2007. Given the timing of the subsequent brief and the previously
scheduled obligations of the Commission, granting reconsideration will allow us time to thoroughly
review the record in this matter and render a decision. Based upon the request of A vimor, the
Commission finds that reconsideration shall be based upon Avimor s written brief and the record in
this matter. Idaho Code ~ 61-626(2). There being no answers or cross-petitions for
reconsideration, the Commission anticipates issuing its final Order on Reconsideration no later than
July 27, 2007.
ORDER
IT IS HEREBY ORDERED that Avimor s Petition for Reconsideration is granted. The
Commission shall reconsider its Order No. 30322 based upon Avimor s reconsideration brief and
the record in this matter.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this Id +fv
day of July 2007.
Commissioner Kjellander
out of the office.
PAUL KJELLANDER, PRESIDENT
W--
ARSHA H. SMITH, COMMISSIONER
~"-J~
MACK A. REDFORD, C \ MMISSIONER
ATTEST:
~~ ~;)~
Barbara Barrows
Assistant Commission Secretary
O:IPC-06-23 dh
ORDER NO. 30372