20120724Application.pdf

II.Io
- WSPOWER0
JUL 23 P11 5 03
An IDACORP Company
JULIA A. HILTON
Corporate Counsel
jhilton(idahopower.com
July 23, 2012
VIA HAND DELIVERY
Jean D. Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83702
Re: Case No. IPC-E-12-19
Authority to Transfer Title to Mobile Home Park Meter Pedestals - Idaho
Power Company's Application.
Dear Ms. Jewell:
Enclosed for filing in the above matter are an original and seven (7) copies of Idaho
Power Company's Application.
Very truly yours,
Julia A. Hilton
JAH:evp
Enclosures
1221 W. Idaho St. (83702)
P.O. Box 70
Boise, ID 83707
JULIA A. HILTON (ISB No. 7740)
LISA D. NORDSTROM (ISB No. 5733)
Idaho Power Company
1221 West Idaho Street (83702)
P.O. Box 70
Boise, Idaho 83707
Telephone: [phone]
Facsimile: [phone]
ihiltonidahopower.com
Inordstrom(äidahopower.com
202J1JL23 PM 5:03
iAL( iLt11 F
ITU I' O flQ J.IJThL iL
Attorneys for Idaho Power Company
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF IDAHO POWER COMPANY FOR ) CASE NO. IPC-E-12-19
AUTHORITY TO TRANSFER TITLE TO )
MOBILE HOME PARK METER ) APPLICATION
PEDESTALS. )
Idaho Power Company ("Idaho Power" or "Company"), pursuant to Idaho Code
§ 61-328 and Rule of Procedure 52, hereby requests that the Idaho Public Utilities
Commission ("Commission") approve the transfer of title of eighteen (18) meter
pedestals located in the R&V Mobile Home Park in Emmett, Idaho.
In support of this Application, Idaho Power represents as follows:
I. BACKGROUND AND DESCRIPTION OF TRANSACTION
1. Prior to March 31, 1981, Idaho Power provided mobile home pedestals as
part of the facilities for electric service to most mobile homes. These pedestals are
comparable to meter bases attached to buildings, which are all customer owned. Since
March 31, 1981, new mobile homes have been served by pedestals owned and
maintained by customers. This is reflected in Idaho Power's Current Rule H (2)(g),
APPLICATION -1
which states, "Owners of mobile home courts will install, own, operate, and maintain all
termination poles, pedestals, meter loops, and conductors from the Point of Delivery."
2.Because the Company-owned pedestals predate 1981, they and their
replacement parts are no longer manufactured. When Idaho Power must perform
repairs, any replacement parts must be made by the Company. Due to the expense in
maintaining and repairing the pedestals and to promote consistency of ownership
among customers, Idaho Power seeks to transfer title of Company-owned pedestals to
the customer whenever possible.
3.R&V Mobile Home Park has agreed to take title to these meter pedestals
after Idaho Power upgrades any non-upgraded pedestals to 200 amps. The Transfer of
Title Agreement between Idaho Power and R&V Mobile Home Park is attached to this
Application as Attachment 1.
II. APPROVAL OF THE TRANSFER
4.Pursuant to Idaho Code § 61-328, an electric utility must obtain approval
from the Commission before it sells or transfers ownership in any property used in the
generation, transmission, distribution, or supply of electric power and energy to the
public.
Before authorizing the transaction, the public utilities
commission shall find: (a) That the transaction is consistent
with the public interest; (b) That the cost of and rates for
supplying service will not be increased by reason of such
transaction; and (c) That the applicant for such acquisition or
transfer has the bona fide intent and financial ability to
operate and maintain said property in the public service.
Idaho Code § 61-328(3).
5.This transaction meets the above-stated requirements of Idaho Code
§ 61-328. The transaction is consistent with the public interest because it allows Idaho
APPLICATION -2
Power to treat similarly-situated customers in a like manner. Mobile homes post-1981
have customer-owned meter pedestals. Similarly, other customers own and maintain
meter bases. Therefore, this transfer will create similar treatment for these customers.
6.The transaction will not increase the Company's costs in the long term
because it will ultimately reduce Idaho Powers costs of maintenance. No money was
or will be exchanged due to the transaction and the up-front costs of updating the
pedestals will be more than offset by the elimination of long-term maintenance costs of
continued utility ownership.
7.Lastly, the property will no longer be maintained in the public service.
Similar to other meter pedestals and comparable meter bases for non-manufactured
homes, these pedestals will be owned by the customer. The mobile home park has
significant financial interest in maintaining and operating the property in a manner
consistent with other customer-owned pedestals and meter bases.
III. MODIFIED PROCEDURE
8.Although Idaho Code § 61-328(2) states that the Commission "shall
conduct a public hearing on the application," Idaho Power believes that a hearing is not
necessary to consider the small, uncontested transaction presented herein. Therefore,
the Company respectfully requests that this Application be processed under Modified
Procedure; i.e., by written submissions rather than by hearing. RP 201, et. seq. If,
however, the Commission determines that a technical hearing is required, the Company
stands ready to present testimony and support the Application in such hearing.
IV. COMMUNICATIONS AND SERVICE OF PLEADINGS
9 Communications and service of pleadings with reference to this
Application should be sent to the following:*
APPLICATION -3
Julia A. Hilton
Lisa D. Nordstrom
Idaho Power Company
P.O. Box 70
Boise, Idaho 83707
ihiItoncidahopower.com
Inordstrom(ãidahopower.com
Tami White
Gregory W. Said
Idaho Power Company
P.O. Box 70
Boise, Idaho 83707
twhiteidahopower.com
gsaididahopower.com
V. REQUEST FOR RELIEF
10. Idaho Power respectfully requests that the Commission issue an order
authorizing that this matter may be processed by Modified Procedure and approving the
Transfer of Title Agreement attached hereto as Attachment 1.
DATED at Boise, Idaho this 23rd day of July 2012.
JQVAA.HI ON
Attorney for Idaho Power Company
VERIFICATION
STATE OF IDAHO )
) ss.
County of Ada )
JULIA A. HILTON, being duly sworn, deposes and states that she is an attorney
for Idaho Power Company, that she has read the foregoing Application and knows the
contents thereof, and that the same are true to the best of her knowledge and belief.
A A. H I LAbN
SUBSCRIBED AND SWORN TO before me, a notary public of the state of Idaho,
this 23rd day of July 2012.

• Residing at Boise, Idaho
f Notary Public for Idaho

* 5 My commission expires:02/04/2015 Lr8L%C
OF I APPLICATION 4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 23rd day of July 2012 I served a true and correct
copy of the within and foregoing APPLICATION upon the following named parties by the
method indicated below, and addressed to the following:
R&V Mobile Home Park
David Quenzer
R&V Mobile Home Park
828 S. Washington
Emmett, Idaho 83617
Hand Delivered
X U.S. Mail
Overnight Mail
FAX
X Email d r gmsn.com
Eli6eth Paynter, Lal Assistant
APPLICATION -5
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
CASE NO. IPC-E-12-19
IDAHO POWER COMPANY
TRANSFER OF TITLE AGREEMENT
ATTACHMENT 1
TRANSFER OF TITLE
AGREEMENT
This Transfer of Title Agreement ("Agreement") is entered into by and between Idaho
Power Company, an Idaho corporation, with principal offices at 1221 West Idaho Street, Boise,
Idaho 83702 ("IPC") and R&V Mobile Home Park, LLC, an Idaho corporation with ppiiicipa1
offices at 828 S. Washington, Emmett, ID 83617 ("R&V") as of this ((day of 012,
subject to the authorization of the Idaho Public Utilities Commission ("JFUC' or
"Commission") as required by I.C. § 61-328. IPC and R&V may be referred to individually as a
"Party" or collectively as the "Parties."
WHEREAS, prior to 1981, IPC installed, owned, and maintained meter pedestals in
mobile home parks; since March 31, 1981, meter pedestals have been provided and owned by
mobile home homeowners or park owners;
WHEREAS, the meter pedestals installed by IPC prior to 1981 are no longer
manufactured and replacement parts must be made to provide repairs;
WHEREAS, due to the expense involved in maintaining and repairing meter pedestals,
IPC desires to transfer ownership of said pedestals to mobile home owners; and
WHEREAS, IPC agrees to convey and R&V agrees to accept title of the meter pedestals
within the R&V Mobile Home Park;
NOW, THEREFORE, in consideration of the mutual covenants, agreements, and
benefits hereinafter set forth, and for good and valuable consideration, the receipt and
sufficiency of which are hereby recognized, IPC and R&V hereby mutually agree as follows:
1.Incorporation of Recitals. The above-stated recitals are incorporated into and
made a part of this Agreement by this reference to the same extent as if these recitals were set
forth in full at this point.
2.Commission Approval Required. This Agreement for transfer of IPC assets is
contingent upon the approval and authorization of the IPUC as required in I.C. § 61-328. The
Agreement shall be executed by the Parties and submitted to the IPUC for approval. The
transfer of title described herein shall go into effect sixty (60) calendar days following IPUC
approval and authorization of the transaction. If such IPUC approval is not obtained, this
Agreement shall not take effect.
3.Transfer of Title. In consideration of the reduced maintenance and
expense to Idaho Power and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, IPC, effective sixty (60) calendar days following approval of
the Commission, hereby bargains, sells, assigns, transfers, grants, and conveys unto R&V all of
100086928.DOCX; 1}
IPC's title and interest (subject to the limitations set forth below) in, to, and under the meter
pedestals owned by IPC as hereinafter described (the "Pedestals"). The Pedestals are electro-
mechanical, free-standing, partially buried, one-piece units that house IPC's meter and cable
terminations, the customer's main circuit breakers, and the service terminations for service to
the manufactured home. Idaho Power owns and maintains a junction box adjacent to each
Pedestal and a service wire up to the point where said wire connects to each Pedestal. The
Pedestals transferred, conveyed, and assigned herein are eighteen (18) 200 amp meter pedestals,
each occupying one of eighteen mobile home spaces, in the R&V Mobile Home Park located at
900 E. Sales Yard Road in Emmett, Idaho. The R&V Mobile Home Park is 3.679 acres of land,
more or less, located in that portion of the Southeast ¼ of the Southwest ¼ of Section 17,
Township 6 North, Range 1 West, Boise Meridian, Gem County, Idaho, described as follows:
Beginning at the southwest corner of the southeast ¼ of the Southwest ¼ of Section 17,
Township 6 North, Range 1 West, Boise Meridian;
Thence North 00°28'24" East, 352.52 feet, along the west line of the said Southeast ¼ of
the Southwest ¼;
Thence South 88°57'05" East, 321.83 feet;
Thence South 00°33'59" West, 96.00 feet;
Thence South 88°48'51" East, 185.00 feet;
Thence South 0093'59" West, 62.92 feet;
Thence South 87°13'25" East, 21.00 feet;
Thence South 02°46'35" West, 28.00 feet;
Thence North 87°13'25" West, 19.92 feet;
Thence South 00°33'59" West, 160.87 feet, to the south line of said Southeast ¼ of the
Southwest ¼;
Thence North 89°26'01" West, 506.24 feet, along said south line to the Point of
Beginning.
4. Unwarranted "As Is" Condition. Immediately following Commission
authorization and approval of the transfer of title, IPC shall update any non-updated Pedestals
to 200 amps; however, IPC does not warrant the upgrades or the Pedestals to any degree. It is
understood and agreed that R&V will inspect the Pedestals and satisfy itself as to the Pedestals'
physical and environmental condition following the upgrades and that R&V, at the point of
transfer of title, hereby accepts all of the Pedestals in "AS IS" and "WITH ALL FAULTS"
condition and that IPC has not made, does not make, and will not make any warranty or
representation, whether express or implied, about the performance capability of the Pedestals or
their present state of repair, condition or maintenance, ability to function in any respect, or
merchantability or fitness for a particular purpose. IPC makes no warranty, express or implied,
as to the accuracy or completeness of any data, information, or materials heretofore or hereafter
furnished to R&V in connection with the Pedestals. Any and all such data, information, and
other materials furnished by IPC is provided to R&V as a convenience and any reliance on or
use of the same shall be at R&V's sole risk and responsibility.
100086928.DOCX; 11Page 2 of 5
IPC and R&V agree that to the extent required by any applicable law to be operative, the
disclaimers of warranties contained in this paragraph are "conspicuous" disclaimers for the
purposes of any applicable law, rule or order. THE PEDESTALS ARE BEING TRANSFERRED
BY IPC TO R&V WITHOUT RECOURSE (EVEN AS TO THE RETURN OF THE PURCHASE
PRICE), COVENANT, OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR
STATUTORY, AND IPC IS CONVEYING THE PEDESTALS COVERED HEREBY "AS IS" AND
"WITH ALL FAULTS," AND WITHOUT REPRESENTATION OR WARRANTY, EXPRESS OR
IMPLIED, (ALL OF WHICH IPC HEREBY DISCLAIMS AND NEGATES) AS TO FITNESS FOR
ANY PARTICULAR PURPOSE, CONFORMITY TO MODELS OR SAMPLES OR MATERIALS,
MERCHANTABILITY, DESIGN, QUALITY, CONDITION, OPERATION, COMPLIANCE
WITH SPECIFICATION, ABSENCE OF LATENT DEFECTS, OR COMPLIANCE WITH LAWS
AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO
HEALTH, SAFETY, AND THE ENVIRONMENT), TO THE EXTENT APPLICABLE AND
PERMITTED BY LAW.
5.Release and Indemnification. R&V hereby releases IPC and the employees,
officers, directors, and agents of IPC and/or its affiliates from and against all claims, actions,
damages, losses, penalties, and expenses, including reasonable attorney fees and disbursements,
of any kind or nature whatsoever arising out of IPC's acts or omissions or the acts or omissions
of R&V or any third party related to the transfer of Pedestals hereunder.
Further, R&V agrees to indemnify IPC and the employees, officers, directors, and agents
of IPC and/or its affiliates from and against all claims, actions, damages, losses, penalties, and
expenses, including reasonable attorney fees and disbursements, of any kind or nature
whatsoever, including, without limitation, liability of death, personal injury or property
damage, strict liability, or liabilities or obligations, under any applicable Federal or State law,
including, without limitation, all environmental laws, arising out of R&V's acquisition and use
of the Pedestals or arising out of any act of R&V or any subcontractor of R&V or anyone directly
or indirectly employed by either the R&V or any subcontractor of R&V or anyone for whose
acts any of them may be liable.
6.Entire Agreement. This Agreement, including its Exhibits, constitutes the entire
agreement of the Parties with respect to its subject matter and supersedes all prior
communications, contracts, and agreements, both oral and written between them. This
Agreement may not be modified, and no rights will be waived, except by an instrument in
writing signed by a duly authorized representative of the Parties.
7.Section Numbering and Headings. Section headings are for the convenience of
reference only and shall not be construed to limit or extend the meaning of any provision and
will not be relevant in interpreting this Agreement. As used in this Agreement, the term
"including" means by way of example and not limitation.
100086928.DOCX; ljPage 3 of 5
8. Severability. If any provision of this Agreement is determined to be invalid or
unenforceable, it will be deemed to be modified to the minimum extent necessary to be valid
and enforceable. If it cannot be so modified, it will be deleted and the deletion will not affect
the validity or enforceability of any other provision unless, as a result the rights of either Party
are materially diminished or the obligations and burdens of either Party are materially
increased so as to be unjust or inequitable.
[Signature Page Follows]
(00086928.DOCX; 1)Page 4 of 5
IN WITNESSETH WHEREOF, the Parties hereto execute this Agreement as of the date
and year first above written, and the assets are hereby conveyed, AS IS, WHERE IS, sixty (60)
days following Commission approval.
R&V MOBILE HOME PARK
,c,....- -'q1•'1
Name: David R. Quenzer o I o
Title: Partner, R&V Mobile Home Park '
wa State of Idaho )
) ss.
County of GZ m )
On this _ day of 1JAf in the year of 2012, personally appeared before me David
R. Quenzer, personally known to e tdbe the person whose name is subscribed to the within instrument,
and acknowledged to me that he executed the same.
c U0,01 Tx
Notary Public Idaho
Residing at:1_rY\
My commission expires on: I - 1'7
IDAHO POWER COMPANY
64
Name: Warren Kline
Title: V.P. of Customer Operations
State of Idaho )
) ss.
County of )
On this 1/ day of _____________ in the year of 2012, personally appeared before me
Warren Kline, personally knowg to rKe to be the person whose name is subscribed to the within
instrument, and acknowledged to me that he executed the same.
Notarvy
Residing at:
My commission mires on:1 0.
100086928.DOCX; liPage 5 of 5
tip