20120111Amended Motion.pdf

LISA D. NORDSTROM (ISB No. 5733)
DONOVAN E. WALKER (ISB No. 5921)
Idaho Power Company
1221 West Idaho Street (83702)
P.O. Box 70
Boise, Idaho 83707
Telephone: [phone]
Facsimile: [phone]
Inordstromcæidahopower.com
dwalkercæidahopower.com
ZOI2Jl.N i i PM 1:45
Attorneys for Idaho Power Company
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MAnER OF THE APPLICATION
OF IDAHO POWER COMPANY FOR
AUTHORITY TO MODIFY ITS RULE H
LINE EXTENSION TARIFF RELATED TO
NEW SERVICE AnACHMENTS AND
DISTRIBUTION LINE INSTALLATIONS.
)
) CASE NO. IPC-E-08-22
)
) IDAHO POWER COMPANY'S
) AMENDED MOTION TO ACCEPT
) CONFORMING RULE H SECTION
) 10 TARIFF
)
Idaho Power Company ("Idaho Powet' or "Company"), in accordance with RP
056 and Idaho Code §§ 61-624 and -629, hereby amends its Motion to Accept
Conforming Rule H Section 10 Tariff filed on July 14, 2011, requesting that the Idaho
Public Utilties Commission ("Commission") issue an order approving Section 1 0 of the
Rule H line extension tariff, conforming it to Idaho Supreme Court ("Court") Opinion No.
56 issued in Ada County Highway Dist. v. Idaho Public Utiities Com'n, 151 Idaho 1, 253
P.3d 675, on May 25, 2011 ("Opinion"). Idaho Power incorporates the July 14, 2011,
Motion by reference and amends it as follows to reflect subsequent discussions with the
Ada County Highway District ("ACHD"):
IDAHO POWER COMPANY'S AMENDED MOTION
TO ACCEPT CONFORMING RULE H SECTION 10 TARIFF - 1
Section 10, Paragraph 1. As depicted in Attachment Nos. 1 (the revised tariff
language Idaho Power submits for Commission approval) and 2 (a comparison between
Section 10 language filed with Idaho Powets July 14, 2011, Motion and that proposed
in this Amended Motion), ACHD recommended, and Idaho Power agreed, to modify the
first paragraph of Section 10 to reference provisions of Idaho Code § 40-210 more
generally.
Section 10, Paragraph 2. As set forth in Attachment No.2, ACHD
recommended, and Idaho Power agreed, to more clearly reflect the Public Road
Agency's role in determining that facilties located in public road rights-of-way must be
relocated or removed when they incommode the public use.
Section 10, Paragraph 3. ACHD and Idaho Power agreed to clarifications of the
first sentence of the third paragraph concerning the Company's efforts to recover all or a
portion of the Relocation or removal costs associated with a request from a Private
Beneficiary. These clarifications are specifically identified in Attachment NO.2.
However, ACHD does not support the last sentence proposed by Idaho Power which
states:
If the Private Beneficiaries dispute the Company's
calculation of the Private Beneficiaries' cost responsibilty,
either the Company or the affected Private Beneficiaries may
initiate a proceeding to have the Commission establish the
reasonableness of the Company's calculation of the
Relocation or removal cost responsibilty as between the
Company and the Private Beneficiaries.
Idaho Power believes this language is necessary for the following reasons:
1. While page 10 of the Court's Opinion acknowledges that "The IPUC
has the authority to determine the costs that Company can charge a private person who
IDAHO POWER COMPANY'S AMENDED MOTION
TO ACCEPT CONFORMING RULE H SECTION 10 TARIFF - 2
requests service from the CompanY,,,1 the Opinion does not address the respective
rights and responsibilties of the Commission, the private party, and the Company when
the private party requests a relocation of utilty facilties located in a public road right-of
way;
2. Private parties often question the Company's tariff authority to
require payment of costs incurred to relocate distribution facilties located in public
rights-of-way, particularly if the relocation was required by a Public Road Agency. This
sentence makes clear that Private Beneficiaries requesting utilty relocation services
bear responsibilty for paying relocation costs associated with their projects;
3. The proposed language also notifies parties that the Commission,
acting in its ratemaking capacity, may determine the reasonableness of the Company's
charges for providing this service if there is concern that Idaho Power (over which the
Commission has jurisdiction) has calculated its costs incorrectly; and
4. The requested language describes the requirement for a party to
exhaust its administrative remedies available before the Commission.
CONCLUSION
For the reasons cited herein, Idaho Power respectfully submits that the proposed
amended Rule H Section 10 tariff enclosed as Attachment No. 1 conforms to and is
consistent with the Idaho Supreme Court's Opinion issued in Ada County Highway Dist.
V. Idaho Public Utiliies Com'n. The Company hereby requests that the Commission
approve the Company's proposed Section 10 of the Rule H line extension tariff and any
additional procedure the Commission deems appropriate. Counsel for ACHD has
1 Ada County Highway Dist. v. Idaho Public Utilities Com'n, 151 Idaho 1, -' 253 P.3d 675, 682
(2011).
IDAHO POWER COMPANY'S AMENDED MOTION
TO ACCEPT CONFORMING RULE H SECTION 10 TARIFF - 3
indicated to Idaho Power that it wil file an answer to this Amended Motion within
fourteen (14) days as provided in Procedural Rule 57.03. IDAPA 31.01.01.57.03.
DATED at Boise, Idaho, this 11th day of January 2012.
LJ2.~LISA D. NORDšT M
Attorney for Idaho Power Company
IDAHO POWER COMPANY'S AMENDED MOTION
TO ACCEPT CONFORMING RULE H SECTION 10 TARIFF - 4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 11th day of January 2012 I served a true and
correct copy of IDAHO POWER COMPANY'S AMENDED MOTION TO ACCEPT
CONFORMING RULE H SECTION 10 TARIFF upon the following named parties by the
method indicated below, and addressed to the following:
Commission Staff
Weldon B. Stutzman
Deputy Attorney General
Idaho Public Utilties Commission
472 West Washington
P.O. Box 83720
Boise, Idaho 83720-0074
Building Contractors Association of
Southwestern Idaho
Michael C. Creamer
GIVENS PURSLEY, LLP
601 West Bannock Street
P.O. Box 2720
Boise, Idaho 83701-2720
City of Nampa AND
Association of Canyon County
Highway Districts
Matthew A. Johnson
Davis F. VanderVelde
WHITE PETERSON GIGRA Y
ROSSMAN NYE & NICHOLS, P.A.
5700 East Franklin Road, Suite 200
Nampa, Idaho 83687
The Kroger Co.
Michael L. Kurt
Kurt J. Boehm
BOEHM, KURTZ & LOWRY
36 East Seventh Street, Suite 1510
Cincinnati, Ohio 45202
Kevin Higgins
Energy Strategies, LLC
215 Sout.h State Street, Suite 200
Salt Lake City, Utah 84111
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FAX
-- Email weldon.stutzmancæpuc.idaho.gov
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-- Email mcccægivenspursley.com
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-- Email mjohnson(gwhitepeterson.com
dvandervelde(gwhitepeterson.com
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-- Email mkurtz(gBKLlawfirm.com
kboehm(gBKLlawfirm.com
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-- Email khiggins(genergystrat.com
IDAHO POWER COMPANY'S AMENDED MOTION
TO ACCEPT CONFORMING RULE H SECTION 10 TARIFF - 5
Ada County Highway District
Scott D. Spears
Ada County Highway District
3775 Adams Street
Garden City, Idaho 83714
Merlyn W. Clark
D. John Ashby
HAWLEY TROXELL ENNIS &
HAWLEY, LLP
877 Main Street, Suite 1000
P.O. Box 1617
Boise, Idaho 83701-1617
Hand Delivered
-- U.S. Mail
_ Overnight Mail
FAX
-- Email sspears(gachd.ada.id.us
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-- U.S. Mail
_ Overnight Mail
FAX
-- Email mclark(ghawleytroxell.com
jashby(ghawleytroxell.com
~û.?l~~
Lisa D. Nordstro
IDAHO POWER COMPANY'S AMENDED MOTION
TO ACCEPT CONFORMING RULE H SECTION 10 TARIFF - 6
BEFORE THE
IDAHO PUBLIC UTiliTIES COMMISSION
CASE NO. IPC-E-08-22
IDAHO POWER COMPANY
ATTACHMENT NO.1
REVISED TARIFF lANGUAGE
Idaho Power Company First Revised Sheet No. H-14
Cancels
Original Sheet Nos. H-14 - H-15I.P.U.C. No. 29. Tariff No. 101
RULEH
NEW SERVICE ATTACHMENTS
AND DISTRIBUTION LINE
INSTALLATIONS OR
ALTERATIONS
(Continued)
10. Relocations in Public Road Rights-of-Way
The Company often locates its distribution facilties within state and local public road rights-of-
way under authority of Idaho Code § 62-705 (for locations outside Idaho city limits) and the
Company's city franchise agreements (for locations within Idaho city limits). When the
Company is notifed of a road improvement project pursuant to Idaho Code § 40-210, the
Company wil meet with the Public Road Agency as provided in Idaho Code § 40-210.
If a Public Road Agency determines that the Company's facilties incommode the public use of
any road, highway, or street, the Public Road Agency can require the company to relocate or
remove the facilties. If a Public Road Agency determines that the Company's facilities must be
relocated or removed because they incommode the public use of the road, highway, or street,
the Company will relocate its distribution facilties from or within the public road rights-of-way and
the Company wil bear the costs of such relocation.
If the Company determines that one or more Private Beneficiaries has, directly or indirectly
through a Public Road Agency, requested that the Company's facilities be relocated or
removed for the benefit of the Private Beneficiaries, the Company wil use reasonable efforts
to recover that portion of the total Relocation or removal costs attributable to the request from
the Private Beneficiaries. If the Private Beneficiaries dispute the Company's calculation of
the Private Beneficiaries' cost responsibility, either the Company or the affected Private
Beneficiaries may initiate a proceeding to have the Commission establish the
reasonableness of the Company's calculation of the Relocation or removal cost responsibilty
as between the Company and the Private Beneficiaries.
11. Existing Agreements
This rule shall not cancel existing agreements, including refund provisions, between the
Company and previous Applicants, or Additional Applicants. All Applications wil be governed
and administered under the rule or schedule in effect at the time the Application was received
and dated by the Company.
IDAHO
Issued - January 11, 2012
Effective -
Issued by IDAHO POWER COMPANY
Gregory W. Said, Vice President, Regulatory Affairs
1221 West Idaho Street, Boise, Idaho
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
CASE NO. IPC-E-08-22
IDAHO POWER COMPANY
ATTACHMENT NO.2
COMPARED TARIFFS
Idaho Power Company First Revised Sheet No. H-14
Cancels
Original Sheet Nos. H-14 -H-15I.P.U.C. No. 29. Tariff No. 101
RULE H
NEW SERVICE ATTACHMENTS
AND DISTRIBUTION LINE
INSTALLATIONS OR
AL TERA TIONS
(Continued)
10. Relocations in Public Road Rights-of-Way
The Company often locates its distribution facilties within state and local public road rights-of-
way under authority of Idaho Code § 62-705 (for locations outside Idaho city limits) and the
Company's city franchise agreements (for locations within Idaho city limits). When the
Company is notified of a road improvement project pursuant to Idaho Code§ 40-210. the
Company wil meet with the Public Road Agency. to Fevie'N plans.. l:ndeFStand the goals.
objeoives. and funding SOl:FGS foF the pFoposed pFojest. provide and diSGl:ss FOoommendatons
to roasonably eliminate OF minimize Felosation soats. limit the disFl:ption of l:tiltvseFviGes.
eliminate OF rodi:oo the need foF pmsent OF futi:ro l:tilty fasility rolosation. and provido roasonable
sshedi:les to enable sooFdination of the high'Nay pmjest sonstR:stion and l:tilty fasilty Felosation
as maii be nesessarv. as provided in Idaho Code § 40-210.
If the Company's fasilities mi:at be Felosated If a Public Road Agency determines that the
Company's facilities incommode the public use of any road. highway, or street. the Public Road
Agency can require the company to relocate or remove the facilties. If a Public Road Agency
determines that the Company's facilities must be relocated or removed because they incommode
the public use of the road. highway, or street. the Company wil relocate its distribution facilities
from. or within the public road rights-of-way and the Company wil bear the costs of such
relocation.
If. hO'NO'JeF. dl:Fing the pmsess provided in Idaho Code § 40 210. the Company determines
that one or more Private Beneficiaries has. directly or indirectly through a Public Road
Agency, requested that the Company's facilties be relocated or removed for the benefit of
the Private Beneficiaries. the Company sAwil use reasonable efforts to recover that portion
of the total Relocation Costs assosiated with si:sh or removal costs attributable to the request
from the Private Beneficiaries. If thero is a the Private Beneficiaries dispute; the Company's
calculation of the Private Beneficiaries' cost responsibilty, either the Company or the
affected Private Beneficiaries may initiate a proceeding to have the Commission establish the
reasonableness of the Company's calculation of the Relocation or removal cost responsibilty
as between the Company and the Private Beneficiaries.
1il. Existing Agreements
This rule shall not cancel existing agreements, including refund provisions, between the
Company and previous Applicants, or Additional Applicants. All Applications wil be governed
and administered under the rule or schedule in effect at the time the Application was received
and dated by the Company.
At the roqi:est of a Pl:blis Road A§ensy, the Company wil rolosate its distFibi:tion fasilties fFm
OF within the pi:blis road Fi§hts of way. The Relosation may be fOF the beneft of the §eneFal
pi:blis, OF in some sases, be a benefit to one OF mom PFivate BenefsiaFies. . Nothin§ in this
Sestion baFS abosal Impro'Jement DistFist (UD) from 'Joli:ntaFily payin§ the Company fOF
Relosations.
IDAHO Issued by IDAHO POWER COMPANY
Issued - November 27, 2009January 11. 2012John R. GaleGregory W. Said, Vice President, Regulatory AffairsEffective - DesembeF 1, 2009 1221 West Idaho Street, Boise, Idaho
Idaho Power Company First Revised Sheet No. H-14
Cancels
I.P.U.C. No. 29. Tariff No. 101 Original Sheet Nos. H-14 - H.:15
The Company's sost of Relosations fmm OF within the pl:blis mad Fights of way shall be
allosated asfolleilJs:
a. Road Improvements Fl:nded by the Pl:blisRoad ,Aaen0'l When the Relosation
of distFibi:tion fasilties is Feqi:ested by the Pl:blis Road P.gensy to make road'Nay improvements
OF otheF pi:blis improvements, the Company 'Nil beaF the ooat of the Relosation.
b. Road Improvoments Partially Fl:nded by the Pl:blio Road Agensv 'Nhen the
Pl:blis Road l\.gensy Feqi:iFes the Rolosation of distFibi:tion fasilities fOF the benefit of itself (OF a
II D) and a PFwato 8onefsiary,. the Company wil beaF the Relosation oosts eqi:al to the
pOFSentage of the Relosation soats allosated to the Pl:blis Road Agensy OF LID. The PFi'/ate
8enefisiary will pay tho Company foF the Relosation sost eqi:al to the peFSentage of the road
impFovement soats allosated to the PFii.iate 8enefisiary.
s. Read Improvements not Fl:nded by the Pl:blis Road Agensy When the
Relosation of diatFibi:tion facilties in the pi:blis road Fights of '..ay is sololy feF a PFivato
8enefisiary, tho PFivate 8enefisial)' wil pay tho Company foF the soat of the Relosation.
d. PrioF Right of Ossi:pansv When tho Company and the PyblisRoad P.gensy
have enteFed into an agFOement FegaFding a PFioF Right of Ossi:pansy, the ooats of Relosation
in si:sh designated aFea wil be bOffe by the Pl:blis Road Agensy,oF as diFestd in the
agFeement.
All payments from PFivate 8enefisiaFies to the Company l:ndeF this Sestion shall be based on
the Company's 'NoFk OFdeF Coat.
This Sostion shall net apply to Relosations within the pi:blis road rights of 'Nay of Pl:blis. Road
Agensies whish have adopted legally binding gi:idelines foF the allosation of l:tiltyFelosation
sosts between the Company and otheF partios that aro si:batantially similaF to tho Flles set oi:t
LEGEND:
Black - original approved language - Effective December 1, 2009
Red -language proposed in July 14, 2011, motion
Blue - language as amended and proposed in this filing
IDAHO Issued by IDAHO POWER COMPANY
Issued - November 27, 200QJanuary 11, 2012John R GaleGregory W. Said, Vice President, Regulatory AffairsEffective - DesembeF 1, 2009 1221 West Idaho Street, Boise, Idaho