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HomeMy WebLinkAbout20091110Application.pdfBARTON L. KLINE Lead Counsel bkline(âlidahopower.com RE.CE.\\JEd ll' 3: 59 *SIDA~POR~ An IDACORP Company November 10, 2009 VIA HAND DELIVERY Jean D. Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 Re: Case No. IPC-E-09-31 IN THE MATTER OF THE APPLICA TlON OF IDAHO POWER COMPANY FOR AUTHORITY TO SELL TO RAFT RIVER RURAL ELECTRIC COOPERATIVE, INC., CERTAIN ELECTRIC DISTRIBUTION FACILITIES CURRENTL Y OWNED BY IDAHO POWER COMPANY Dear Ms. Jewell: Enclosed please find for filing an original and seven (7) copies of Idaho Power Company's Application in the above matter. Very truly yours,QJtL Barton L. Kline BLK:csb Enclosures P.O. Box 70 (83707) 1221 W. Idaho St. Boise, 10 83702 BARTON L. KLINE (ISB No. 1526) LISA D. NORDSTROM (ISB No. 5733) Idaho Power Company P.O. Box 70 1221 West Idaho Street Boise, Idaho 83707 Telephone: (208) 388-2682 Facsimile: (208) 388-6936 bklineCãidahopower.com InordstromCãidahopower.com Attorneys for Idaho Power Company Street Address for Express Mail: 1221 West Idaho Street Boise, Idaho 83702 RECEI\' in09 NOV \ 0 PM 3: 59 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF IDAHO POWER COMPANY FOR AUTHORITY TO SELL TO RAFT RIVER RURAL ELECTRIC COOPERATIVE, INC., CERTAIN ELECTRIC DISTRIBUTION FACILITIES CURRENTLY OWNED BY IDAHO POWER COMPANY. ) ) CASE NO. IPC-E-09-31 ) ) APPLICATION ) ) ) ) COMES NOW, Idaho Power Company ("Idaho Powet' or "Company") and pursuant to Idaho Code § 61-328 and RP 52, hereby requests that the Commission issue its Order approving the sale and assignment by Idaho Power to Raft River Rural Electric Cooperative, Inc. ("Raft Rivet') of certain electrical distribution facilties and appurtenant rights-of-way located in southern Twin Falls County. In support of this Application, Idaho Power hereby states as follows: APPLICATION - 1 i. DESCRIPTION OF THE TRANSACTION . 1 . Idaho Power is an electric utilty subject to the regulation of the Idaho Public Utilties Commission ("Commission"). Raft River is a non-profit cooperative electrical corporation, incorporated under the laws of the state of Idaho, providing retail electric service to its members in the states of Idaho, Utah, and Nevada. Raft River is based in Malta, in Cassia County, Idaho. Raft River serves customers in Idaho, Utah, and Nevada. Raft River is not subject to regulation by the Commission. 2. On November 14,2000, Idaho Power and Raft River filed a JointApplication requesting Commission approval for the sale to Raft River of certain Idaho Power electrical distribution facilties in southern Owyhee County, Idaho. The Application requested authority to sell the distribution facilities and other electric assets at net book cost. The total net value for the facilities located in Idaho that were sold to Raft River was approximately $80,000.00. In Order No. 28631, Case No. IPC-E-00-17. The Commission approved the Application on February 1 , 2001. At the time of the sale, Raft River chose not to purchase all of the line running from the Border substation to the Raft River service territory. Raft River opted to purchase only that portion of the line located in the state of Nevada. The Company refers to this particular line in its books and records as the "Border 011 Feeder." Since the sale was closed, Idaho Power has been operating and maintaining the Idaho portion of the line. This line is used solely to serve Raft River and is classified as a dedicated distribution primary facilty. The wholesale transportation of energy across the Border 011 Feeder to Raft River is subject to FERC jurisdiction. In 2001, Idaho Power established a wholesale Distribution Primary Rate which assigns users of Distribution Primary a load ratio share of Distribution Primary facilty costs. Idaho Power's average APPLICATION - 2 feeder length is 29 miles; consequently, the charges assigned to the Raft River in the FERC jurisdiction significantly exceed the costs associated with this dedicated feeder. To help restore a reasonable cost causation balance for Raft River, Idaho Power has agreed to sell the remaining 1.5 miles of the Border 011 Feeder, which is the portion of the feeder running from the Idaho/Nevada border to the Border substation located in Idaho. The purchase price to be paid by Raft River wil be based on the same valuation as before, which is the net book cost as valued on Idaho Power's books and records immediately prior to the closing date adjusted for income tax impacts. Idaho Power estimates that the sale price will be approximately $72,000.00, including a tax gross-up. A map showing the location of the line segment and a brief description of the equipment to be sold is enclosed as Attachment NO.1. 3. The assets being transferred by Idaho Power are distribution facilties, including appurtenant right-of-way permits. No generation facilties, bulk transmission facilties, or hydroelectric water rights are being sold or transferred to Raft River. 4. Idaho Power does not use the 1.5 miles of line being sold to Raft River to serve any retail customers. II. NOTICES 5. Communications with reference to this Application should be sent to the following: Idaho Power Company Barton L. Kline Idaho Power Company P.O. Box 70 Boise, Idaho 83707 bklineCãidahopower.com Raft River Jerry R. Rigby Rigby, Andrus & Rigby, Chartered P.O. Box 250 25 North Second East Rexburg, Idaho 83440 and and APPLICATION - 3 John R. Gale Vice President, Regulatory Affairs Idaho Power Company P.O. Box 70 Boise, Idaho 83707 rgaleCãidahopower.com Heber Carpenter General Manager Raft River Rural Electric Cooperative, Inc. P.O. Box 617 Malta, Idaho 83342 II. PROCEDURAL 6. Idaho Power hereby requests that this case be processed on modified procedure. Because of the small size of this transaction and the fact that none of Idaho Powets retail customers receive service off of the portion of the Border 011 Feeder to be transferred to Raft River, modified procedure is appropriate. iv. CONCLUSION 7. Idaho Power respectfully requests that the Commission issue its Order, consistent with Idaho Code § 61-328 and RP 52, (1) approving Idaho Power's sale of the assets described herein; and (2) finding that the sale of the asset is consistent with the public interest; and (3) finding that the costs of and rates of existing electric service in the state of Idaho wil not be increased by reason of such transaction; and (4) that Raft River has the bona fide intent and financial abilty to operate and maintain the transferred assets in the public service; and (5) finding that because no hydropower water rights wil be conveyed or assigned, a review by the Department of Water Resources under § 42- 1701 (6) Idaho Code is not required. II II II /I /I APPLICATION - 4 DATED this 10th day of November 2009. C#16L BARTON L. KLINE Attorney for Idaho Power Company VERIFICATION STATE OF IDAHO) ) ss.County of Ada ) BARTON L. KLINE, being duly sworn, deposes and states that he is an attorney for Idaho Power Company, that he has read the foregoing Application and knows the contents thereof, and that the same are true to the best of his knowledge and belief. (1tL BARTON L. KLINE SUBSCRIBED AND SWORN TO before me, a notary public of the state of Idaho, this 10th day of November 2009. ~~ NOTARY PUBLIC FOR IDAHO Residing at Boise, Idaho My commission expires: 02/04/2015 APPLICATION - 5 BEFORE THE IDAHO PUBLIC UTiliTIES COMMISSION CASE NO. IPC-E-09-31 IDAHO POWER COMPANY ATTACHMENT NO.1 ,, I J S H r - o p . W A Y r o t i t ! 2 0 "6 f l T ¡ . I Q . F B . l f Q i t e A C H ti / D I t " " " 1 , . " 0 " ' . 1 4 $B A Y r C : l i , C l i H ' P . 4 L I M . . SC A , . . , " - f f t I . 2 " A I ¡ L ( f i . i .. i J . 1 ! , , " Y ' t " L . . A H & ' s " :i 32 Po r 1: t§ e. . ¡ q RI ! l H r ' O " . W A Y e n , ; r A I L . rr ~ g 1 l r s ~ i ' ; ; b , ~ " .ß ~ j ? ' l # T l ' I ' ~ Q ~ , -I N U ¡ ; : ; s $ I 7 4 + ' 1 1 . ø a " " I -- - -a ~ _ ~- - - e& B ' l ' N ' H G ' O F L . J l ' l i : . s r . . . O . O D I . I t . ' F I ! S r SO u r . . " ' , . 0 1 : l l J 6 . 9 1 1 " l i d " 6 " ' . " / f D " . Q O "I f . . , _ T H E ! I I ' " C C l , . I l / R D F ~ ø r ' t ; . . . C , s s . 7" . ( ( 1 . 5 . . . R , I . E " _ I I i . . Ñ f ; ~ r t N l l Y I : A L L . S ' C O , " t ) A " 1 Ø ~ r_ ' A . l H I . l ' ' ' 4 1 / " . 1 . " . 4 . " 1 ~ i . 2 / . ø ø i s ' 7 1 . " . 1 8 "E I , , : ' , . r u i t H i V 1 0 t t . " 1 ' l " " , l ' r i t U ' r M t / ( i . ~ l; ' _ . . , o ; ' r " " . . . W , , r ; . r J 4 N t ! A ø r - - L O ' i , c t , s e ' c ~ ~l , r , r : f . S . , A . l . . , . , & M. , r W ' / 1 # . " . . . . e " ' " it N i . I " O . rn r - A , 4 N t ' L . a C f i L l H . 1 . 4 2 4 M I " , . , D, . U B . " Y I I ' V , / W . , . . , L . " l I ' D . I. 41 1 4 l ! l L " S , .' è À j ; ~ . , , . " : 4 J , . 0 _ . 0 . - O ¡ l ~ " . T ' ~ OS r A I L . M A ~ " 1 0 A C . l ; O M I P , I l f I Y A ~ I ! L . I I ! A T I D N "1 / 1 4 I t i . . . r - Q I " - W A Y ( j A ' ' ' I ' r PO e vA C I C P O T - I P C o I l E C t : I f D U C r O / t ,, 4 . 5 / ( V e u s r o l Ø s l t S S I : W c , 1 ! U , . / ! e- ' ! 1 ~ n ø , L I N e . l f , . r E ~ $ V S L A H O rO ( J 7: 1 6 S . . R . 1 5 e . , 8 . M . , rw i , . P A L L S C t / ~ ID A H " 8C 0 4 " ' . d ' - " : ! " . . . Ø Ø l , C ' Á H ( : , l f f i W 6 / 1 C o M P J ¡ I ' Y .O I . . . . - / O l l H O . MA Y ' . ' " DC C . f " , S I 'K J ~ The power line that is authorized under BLM grant 101-20969 wil be partially assigned to Raft River Electric Co-op. The portion from the Point of Beginning to Point A wil be removed from the grant and authorized separately to Raft River. The portion from Point A to the Point of Terminus will remain in 101- 20969, and Raft River wil acquire their own BLM grant for that portion. A strip of land twenty (20) feet wide, being ten (10) feet on each side of a centeríine and located in Lots 3 and 7, Section 35; SEJ'SWJ', WYiWYi, Section 26; SWJ'SWJ', Section 23 SEJ'SEJ', Section 22 All in Township 16 South, Range 15 East, B.M., Twin Falls County, Idaho. Said centerline is more particularly described as follows: Commencing at a brass cap marking the Southwest corner of Section 35, thence South 89°10'35" East 1357.09 feet to the REAL POINT OF BEGINNING; Thence North 01°25'39' West 183.60 feet; Thence North 03°32'38" West 310.39 feet; Thence North 05°16'03" West 325.83 feet; Thence North 07°26'22" West 334.76 feet; Thence North 09°24'22" West 363.54 feet; Thence North 11°18'00" West 291.94 feet; Thence North 11°59'56" West 321.70 feet; Thence North 14°04'03" West 2943.95 feet; Thence North 12°40'30" West 282.99 feet; Thence North Or40'46" West 281.82 feet; Thence North Or27'07" West 282.33 feet; Thence North 01°16'43" West 1298.15 feet to Point A; Thence North 88°04'25" West 250.00 feet Thence North 50 feet to the Point of Terminus. This Description checked by ~. \ L Border 011 Feeder The facility to be transferred includes the conductor from the Border Substation fence to the Idaho-Nevada Border, approximately: . 30,000 feet of 795 kcml and 336 kcml aluminum conductor; . 30 poles and crossarms; . 102 34.5 kV insulators; and . 3 cone Anchors. Border 011 Feeder jointly uses 4 poles near the Border substation with Border 012 Feeder, which Idaho Power wil retain. Idaho Power wil continue to own and maintain these four poles and associated crossarms. The parties agree that any improvements in these poles wil be borne by the requesting party.