The URL can be used to link to this page

Home My WebLink About20120518Brief.pdfHO iPNER® An IDACORP Company V 18 PM I LISA D. NORDSTROM UTL Lead Counsel lnordstrom(äidahopower.com May 18, 2012 VIA HAND DELIVERY Jean D. Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street Boise, Idaho 83702 Re: Case No. IPC-E-08-22 Modification of Rule H Line Extension Tariff - Idaho Power's Brief on Reconsideration Regarding Relocation Requests from Third Parties Dear Ms. Jewell: Enclosed for filing are an original and seven (7) copies each of Idaho Power Company's Brief on Reconsideration Regarding Relocation Requests from Third Parties and Affidavit of David R. Lowry in Support of Idaho Power Company's Brief on Reconsideration Regarding Relocation Requests from Third parties filed in the above matter. Very truly yours, Lisa D. Nordstrom LDN : kkt Enclosures LISA D. NORDSTROM (ISB No. 5733) PATRICK A. HARRINGTON (ISB No. 3423) Idaho Power Company 1221 West Idaho Street (83702) P.O. Box 70 Boise, Idaho 83707 Telephone: (208) 388-5825 Facsimile: (208) 388-6936 Inordstromidahopower.com patharrinqton(äidahopower.com Attorneys for Idaho Power Company iLf 1 UE. UTILITIES f' 11 drh i - BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF IDAHO POWER COMPANY FOR AUTHORITY TO MODIFY ITS RULE H LINE EXTENSION TARIFF RELATED TO NEW SERVICE ATTACHMENTS AND DISTRIBUTION LINE INSTALLATIONS CASE NO. IPC-E-08-22 IDAHO POWER COMPANY'S BRIEF ON RECONSIDERATION REGARDING RELOCATION REQUESTS FROM THIRD PARTIES Pursuant to the Idaho Public Utilities Commission's ("Commission") RP 255 and 332, Idaho Power Company ("Idaho Power" or "Company"), by and through its attorneys of record, hereby submits this Brief on Reconsideration Regarding Relocation Requests from Third Parties to the Commission in response to the Commission's Order No. 32532 dated April 24, 2012. I. BACKGROUND The Commission issued its Order No. 32476 in this case on March 7, 2012, approving Idaho Power's Amended Section 10 of Rule H, with certain modifications. Ada County Highway District and Build Idaho, Inc. filed Petitions for Reconsideration of Order No. 32476, and the Commission convened a hearing for oral argument on April 19, 2012, IDAHO POWER COMPANY'S BRIEF ON RECONSIDERATION REGARDING RELOCATION REQUESTS FROM THIRD PARTIES -1 to assist the Commission in its consideration of the Petitions for Reconsideration. On April 24, 2012, the Commission issued Order No. 32532, which granted reconsideration of Commission Order 32476 "solely to provide the opportunity for the parties to develop the record regarding paragraph 3 of Section 10... to clarify in the record whether a third party may request relocation of Idaho Power's facilities that are located in a public roadway from Idaho Power." Order No. 32532 further states that "[t]he parties may present their evidence in the form of affidavits, accompanied by written briefs." II. ARGUMENT As Idaho Power stated at the Commission's April 19, 2012, hearing for oral argument, third parties may request the relocation of Idaho Power facilities located in the public road right-of-way (Hearing Transcript at 28-29, 34). Filed herewith is an affidavit from David R. Lowry, Project Design Leader for Idaho Power Company, identifying several projects in recent years where Idaho Power has relocated facilities located in the road right-of-way at the request and expense of a third party. Third parties may directly request power line relocations within a public road right- of-way for a number of reasons. Oftentimes the relocations occur where a private developer is improving property adjacent to the power line and wishes to have the power line relocated to a different overhead position or relocated underground. The developer may desire the relocation for improved access to the development for aesthetic purposes or to meet the requirements for future road widening at the site. In other cases, Idaho Power has received requests from Idaho cities to relocate facilities in the road right-of-way underground for aesthetic purposes, with the relocation costs paid by the city. In all of the relocation projects identified in Mr. Lowry's affidavit, IDAHO POWER COMPANY'S BRIEF ON RECONSIDERATION REGARDING RELOCATION REQUESTS FROM THIRD PARTIES -2 the third party made its relocation request and relocation payment directly to Idaho Power. Ill. CONCLUSION As the examples referenced in Mr. Lowry's testimony show, Idaho Power does receive requests from third parties to relocate power line facilities which are located in public road rights-of-way in Idaho. The third paragraph of Section 10 of Rule H applies to these requests, and specifies that the Private Beneficiary making the request is to pay for the cost of the relocation. The third paragraph also provides a process for either Idaho Power or the Private Beneficiary to seek resolution from the Commission if there is a dispute between the parties regarding the reasonableness of the Company's calculation of the cost responsibility for the relocation. These provisions are necessary and appropriate to govern situations where Private Beneficiaries request the relocation of Company facilities within the public road right-of-way, and the third paragraph of Section 10 should accordingly be retained as previously requested by the Company in this proceeding. Respectfully submitted this 18th day of May, 2012. 67<( L4 /~ LISA 0. NORDSTROM Attorney for Idaho Pdwer Company IDAHO POWER COMPANY'S BRIEF ON RECONSIDERATION REGARDING RELOCATION REQUESTS FROM THIRD PARTIES -3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 18 th day of May, 2012 I served a true and correct copy of IDAHO POWER COMPANY'S BRIEF ON RECONSIDERATION REGARDING RELOCATION REQUESTS FROM THIRD PARTIES 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 Utilities Commission 472 West Washington (83702) 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 GIGRAY ROSSMAN NYE & NICHOLS, P.A. 5700 East Franklin Road, Suite 200 Nampa, Idaho 83687-7901 X Hand Delivered U.S. Mail - Overnight Mail FAX X Email weldon.stutzmanpuc.idaho.Qov - Hand Delivered X U.S. Mail - Overnight Mail FAX X Email mcccqivenspursley.com Hand Delivered X U.S. Mail Overnight Mail FAX X Email miohnsoncwhitepeterson.com dvandervelde(whitepeterson .com The Kroger Co. Hand Delivered Michael L. Kurtz X U.S. Mail Kurt J. Boehm Overnight Mail BOEHM, KURTZ & LOWRY FAX 36 East Seventh Street, Suite 1510 X Email mkurtzBKLIawfirm.com Cincinnati, Ohio 45202 kboehmBKLIawfirm .com Kevin Higgins Energy Strategies, LLC 215 South State Street, Suite 200 Salt Lake City, Utah 84111 Hand Delivered X U.S. Mail Overnight Mail FAX X Email khiqciins(äeneriystrat.com IDAHO POWER COMPANY'S BRIEF ON RECONSIDERATION REGARDING RELOCATION REQUESTS FROM THIRD PARTIES -4 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 Build Idaho Inc. J. Frederick Mack HOLLAND & HART LLP U.S. Bank Plaza 101 South Capitol Boulevard, Suite 1400 P.O. Box 2527 Boise, Idaho 83701-2527 Hand Delivered X U.S. Mail Overnight Mail FAX X Email sspears(achd.ada.id.us Hand Delivered X U.S. Mail Overnight Mail FAX X Email mcIarkhawleytroxell.com i ash bvhawIevtroxell .com - Hand Delivered X U.S. Mail - Overnight Mail FAX X Email fmackhol land hart. com Kir&erly Towe6 Executive Assistant IDAHO POWER COMPANY'S BRIEF ON RECONSIDERATION REGARDING RELOCATION REQUESTS FROM THIRD PARTIES -5