20090911Hansen Affidavit in Support.pdf

Scott D. Spears, ISB # 4180
Ada County Highway District
3775 Adams Street
Garden City, Idaho 83714
Office: [phone]
Fax: [phone]
sspears (g achd.ada.id.us
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BEFORE THE IDAHO PUBLIC UTILITIES COMMSSION
IN THE MATTER OF THE APPLICATION OF
IDAHO POWER COMPANY FOR AUTHORITY
TO MODIFY ITS RULE H LINE EXTENSION
TARIFF RELATED TO NEW SERVICE
ATTACHMNTS AND DISTRIBUTION LINE
INSTALLATIONS.
) CASE NO. IPC.3.08.22
)
) AFFIDAVIT OF
) DORRELL R. HANSEN IN
) SUPPORT OF ADA
) COUNTY HIGHWAY
) DISTRICT'S BRIEF ON
) RECONSIDERATION
) AND CLARIFICATION
)
DORRELL R. HANSEN, P.E., being first duly sworn on oath, deposes and says as
follows:
1. I am presently the Project Manager/Supervisor, Capital Projects Deparment, of
the Ada County Highway District ("ACHD"). I have been employed with ACHD since 1993.
2. I make this affidavit based on my direct personal knowledge of the matters set
forth below.
3. All documents attached as exhibits in this affidavit are true and correct copies of
the documents.
4. I am a registered Professional Engineer of the State of Idaho, and I have a Masters
Degree in Civil Engineering.
AFIDAVIT OF DORRELL R. HANSEN IN SUPPORT OF ADA COUNTY HIGHWAY
DISTRICT'S BRIEF ON RECONSIDERATION AND CLARIFICATION - 1
ATTACHMENT 2
5. ACHD is a single, county-wide highway district. It was formed by vote of the
citizens of Ada County in 1972. ACHD has all of the powers of highway districts in general set
forth in Title 40, Chapter 13 of the Idaho Code, and all of the powers of single, county-wide
highway districts under Title 40, Chapter 14 of the Idaho Code. See Idaho Code § 14-1406.
6. Under the Idaho Code, ACHD has exclusive jurisdiction, authority, and control
over all roads in Ada County and all roads in the cities in Ada County, except for Interstate 84,
Interstate 184 and state highways under the jurisdiction and control of the Idaho Transportation
Deparment. See Idaho Code Title 40, Chapters 13 and 14.
7. Upon the formation of ACHD, the road deparments of Ada County, the City of
Boise, Garden City, the City of Meridian, and the other incorporated cities within Ada County
were disbanded, and the road systems were all transferred to ACHD. See Idaho Code §§ 40-
1210(1),40-1406.
8. Pursuant to Idaho Code 62-705, utilities have the right to locate in the public
rights-of-way, however, the right of the utilities to use the public rights-of-way cannot be
regarded as a permanent property right. Generally, when a road project impacts a utility in the
public right-of-way, the utility is responsible for relocations and adjustments in a manner and at
such places as to not to inconvenience public use.
9. The following is a list of the positions I have held with ACHD and the years I
held each position:
Project Manager/Supervisor, Capital Projects Deparment 2oo6-Present
Assistant Manager, Engineering Deparment 200-2006
Supervisor, DrainagelUtilities Division 1997-2000
AFIDAVIT OF DORRELL R. HANSEN IN SUPPORT OF ADA COUNTY HIGHWAY
DISTRICT'S BRIEF ON RECONSIDERATION AND CLARIFICATION - 2
Staff Civil Engineer, DrainagelUtility Division 1993-1997
10. I have extensive personal knowledge of road development. The relocation of
utilities is a critical important element of project development, which can significantly impact a
project schedule and costs.
11. Early in my tenure with ACHD, I created and supervised the Utilties Division at
ACHD and headed that division until 2006. Given my background and experience, I continued
to have substantial involvement in utilty relocation issues for ACHD.
12. I have extensive knowledge of ACHD's interactions with utilities in Ada County,
including Idaho Power, on issues involving utility relocations in the public rights-of-way on road
projects. The Utility Division was created in an effort to coordinate the relocation of utilities on
road projects. Historically, ACHD has had extensive problems in getting some utilties to
relocate in a timely manner. The lack of coordination of utilities for road projects has caused
delay and contractor claims for road projects.
13. I have reviewed the Idaho Public Utilties Commssion Rule 10, which transfers
ACHD's authority to control the timing of the relocation of utilities to Idaho Power. Rule 10
wil severly impact ACHD's statutory responsibilty to develop road projects and the public's
use of the right-of-way.
DATED ths l/ day of September, 2009z
DORRELL R. HANSEN, P.E.
Ada County Highway District
AFIDAVIT OF DORRELL R. HANSEN IN SUPPORT OF ADA COUNTY HIGHWAY
DISTRICT'S BRIEF ON RECONSIDERATION AND CLARIFICATION - 3
SUBSCRIBED and SWORN to before me this !.ay of September, 2009.
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AFIDAVIT OF DORRELL R. HANSEN IN SUPPORT OF ADA COUNTY HIGHWAY
DISTRICT'S BRIEF ON RECONSIDERATION AND CLARIFICATION - 4